Section 1701.306 - Psychological and Physical Examination(a) The commission may not issue a license to a person unless the person is examined by:(1) a licensed psychologist or by a psychiatrist who declares in writing that the person is in satisfactory psychological and emotional health to serve as the type of officer for which a license is sought; and(2) a licensed physician who declares in writing that the person does not show any trace of drug dependency or illegal drug use after a blood test or other medical test.(b) An agency hiring a person for whom a license is sought shall select the examining physician and the examining psychologist or psychiatrist. The agency shall prepare a report of each declaration required by Subsection (a) and shall maintain a copy of the report on file in a format readily accessible to the commission. A declaration is not public information.(c) The commission shall adopt rules that: (1) relate to appropriate standards and measures to be used by a law enforcement agency in reporting the declarations made under Subsection (a); and(2) provide for exceptional circumstances in the administration of the examination of the applicant's psychological and emotional health, including permitting the examination to be made by a qualified licensed physician instead of a psychologist or psychiatrist.(d) The commission may order an applicant to submit to an examination described by Subsection (a) by a psychologist, psychiatrist, or physician appointed by the commission if the commission: (1) has cause to believe that a law enforcement agency failed to follow commission rules relating to an examination; or(2) discovers that the applicant has submitted a false declaration.Tex. Occ. Code § 1701.306
Amended By Acts 2011, 82nd Leg., R.S., Ch. 1224, Sec. 2, eff. 9/1/2011. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. 9/1/1999.