PERSONS INELIGIBLE FOR PROBATION

(a) The board may not grant probation to a physician who constitutes, through the practice of medicine, a continuing threat to the public welfare. (b) Except on an express determination, based on substantial evidence, that granting probation is in the best interests of the public and of the person whose license has been suspended, revoked, or canceled, the board may not grant probation to a person whose license has been canceled, revoked, or suspended because of a felony conviction under: (1) Chapter 481 or 483, Health and Safety Code; (2) Section 485.033, Health and Safety Code; (3) the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. Section 801 et seq.); or (4) any of the following sections of the Penal Code: (A) Section 22.011(a)(2) (sexual assault of a child); (B) Section 22.021(a)(1)(B) (aggravated sexual assault of a child); (C) Section 21.02 (continuous sexual abuse of young child or disabled individual); or (D) Section 21.11 (indecency with a child).