The board may require an applicant or license holder to take a mental or physical examination, and must follow notice, hearing, and timing rules if the person refuses.
Sec. 351.5014. SUBMISSION TO MENTAL OR PHYSICAL EXAMINATION. (a) In enforcing Section 351.501(a)(4), the board or an authorized agent of the board on probable cause, as determined by the board or agent, shall request an applicant or license holder to submit to a mental or physical examination by a physician or other health care professional designated by the board. The board shall adopt guidelines, in conjunction with persons interested in or affected by this section, to enable the board to evaluate circumstances in which an applicant or license holder may be required to submit to an examination for mental or physical health conditions, alcohol and substance abuse, or professional behavior problems. (b) If the applicant or license holder refuses to submit to the examination under Subsection (a), the board shall issue an order requiring the applicant or license holder to show cause why the applicant or license holder will not submit to the examination. The board shall schedule a hearing on the order not later than the 30th day after the date notice is served on the applicant or license holder. The board shall notify the applicant or license holder of the order and hearing by personal service or certified mail, return receipt requested. (c) At the hearing, the applicant or license holder and the applicant's or license holder's attorney are entitled to present testimony or other evidence to show why the applicant or license holder should not be required to submit to the examination. The applicant or license holder has the burden of proof to show why the applicant or license holder should not be required to submit to the examination. (d) After the hearing, the board, as applicable, by order shall require the applicant or license holder to submit to the examination not later than the 60th day after the date of the order or withdraw the request for examination. Added by Acts 2017, 85th Leg., R.S., Ch. 385 (S.B. 314), Sec. 18, eff. September 1, 2017.