(a) In addition to or in lieu of an action to revoke,
suspend, reprimand, refuse to renew or assess a penalty the Board
may initiate an action, which will result in the affected registrant
or licensee being placed on probationary status. The following factors
may be considered in making a decision regarding probation:
  (1) Type and severity of violation;
  (2) Economic harm;
  (3) History of violations;
  (4) Efforts to correct the violation;
  (5) Action premeditated or intentional;
  (6) Motive;
  (7) Attempted concealment of violation;
  (8) The likelihood of future misconduct as shown by:
    (A) Degree of remorse;
    (B) Remedial procedures to prevent future violations;
and
    (C) Rehabilitative motivation or potential.
  (9) Any other relevant circumstances or facts.
(b) If the Board determines that probation is appropriate
to deter future violations of the Act and Board rules by the Respondent,
probation shall be administered consistently under the following guidelines:

  (1) For violations with greater potential to jeopardize
public health, safety, welfare, or property, the term of the probation
may not be less than one year or more than five years; and
  (2) For violations with less potential to jeopardize
public health, safety, welfare, or property, the term of the probation
may not be less than six months or more than one year.
(c) The Board may prescribe conditions of probation
on a case-by-case basis depending on the severity of the violation
that will include reporting requirements, restrictions on practice,
site inspections, and/or continuing education requirements as applicable
as described in this subsection. The Board reserves the right to reconsider
the terms of probation based upon any extenuating circumstances.
(d) The Board will determine the reporting requirements
for each probation and will include a list of Board probation requirements
and schedule for completion of those requirements in which the Board
may require the license holder to submit documentation including,
but not limited to, survey plats, client lists, job assignments, proof
of continuing education participation, restricted practice reports,
and other documents concerning the probation to demonstrate compliance
with the conditions of probation. As a condition of probation, the
license holder shall accept that schedule deadlines are final.
(e) The Board will receive and date stamp documentation
on the day received and track compliance with probation requirements
for each probated suspension. The Board shall honor postmarks for
date of submittal; however, if not received by the required deadline,
the license holder shall have the burden of proof to demonstrate documentation
was submitted by the schedule deadline.
(f) As a condition of probation, the Board may require
the license holder to obtain continuing education in addition to the
minimum requirements of §664.3 of this title (relating to Numerical
Requirements for Continuing Education) and may prescribe formal classroom
study, workshops, seminars, and other specific forms of continuing
education.
(g) Failure to comply with probation requirements shall
result in revocation of probation and reinstatement of the original
sanction.


Source Note: The provisions of this §661.100 adopted to be effective April 28, 2005, 30 TexReg 2393; amended to be effective August 28, 2013, 38 TexReg 5499