Part IX.
Texas State Board of Medical Examiners
Chapter 162.
Supervision of Medical School Students
22 TAC §162.3
The Texas State Board of Medical Examiners adopts an amendment
to §162.3, concerning registration for the supervision of medical students
without changes to the proposed text as published in the March 5, 1999, issue
of the
Texas Register
(24 TexReg 1523) and
will not be republished.
The amendment is adopted to ensure that the medical school has a certificate
of authority from the Texas Higher Education Coordinating Board. The adopted
review of Chapter 162 is contemporaneously published elsewhere in this issue
of the
Texas Register
. The review is in accordance
with the Appropriations Act of 1997, House Bill 1, Article IX, §167.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Medical Practice Act, Texas
Civil Statutes, Article 4495b, §2.09(a), which provides the Texas State
Board of Medical Examiners with the authority to make rules, regulations and
bylaws not inconsistent with this Act as may be necessary for the governing
of its own proceedings, the performance of its duties, the regulation of the
practice of medicine in this state, and the enforcement of this Act.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April
19, 1999.
TRD-9902257
Bruce A. Levy, M.D., J.D.
Executive Director
Texas State Board of Medical Examiners
Effective date: May 9, 1999
Proposal publication date: March 5, 1999
For further information, please call: (512) 305-7016
22 TAC §163.10
The Texas State Board of Medical Examiners adopts an amendment
to §163.10, concerning Distinguished Professors Temporary License without
changes to the proposed text as published in the March 5, 1999, issue of the
The amendment is adopted to specify who may request a temporary license
for distinguished professors. The amendment also corrects the names of two
medical schools in subsection (a)(4).
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Medical Practice Act, Texas
Civil Statutes, Article 4495b, §2.09(a), which provides the Texas State
Board of Medical Examiners with the authority to make rules, regulations and
bylaws not inconsistent with this Act as may be necessary for the governing
of its own proceedings, the performance of its duties, the regulation of the
practice of medicine in this state, and the enforcement of this Act.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April
19, 1999.
TRD-9902258
Bruce A. Levy, M.D., J.D.
Executive Director
Texas State Board of Medical Examiners
Effective date: May 9, 1999
Proposal publication date: March 5, 1999
For further information, please call: (512) 305-7016
22 TAC §166.2, §166.4
The Texas State Board of Medical Examiners adopts amendments
to §166.2 and §166.4, concerning Continuing Medical Education and
Renewal of Expired License without changes to the proposed text as published
in the March 5, 1999, issue of the
Texas Register
(24 TexReg 1524) and will not be republished.
The amendments are adopted to clarify existing requirements. The adopted
review of Chapter 166 is contemporaneously published elsewhere in this issue
of the
Texas Register
. The review is in accordance
with the Appropriations Act of 1997, House Bill 1, Article IX, §167.
No comments were received regarding adoption of the amendments.
The amendments are adopted under the Medical Practice Act, Texas
Civil Statutes, Article 4495b, §2.09(a), which provides the Texas State
Board of Medical Examiners with the authority to make rules, regulations and
bylaws not inconsistent with this Act as may be necessary for the governing
of its own proceedings, the performance of its duties, the regulation of the
practice of medicine in this state, and the enforcement of this Act.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April
19, 1999.
TRD-9902259
Bruce A. Levy, M.D., J.D.
Executive Director
Texas State Board of Medical Examiners
Effective date: May 9, 1999
Proposal publication date: March 5, 1999
For further information, please call: (512) 305-7016
The Texas State Board of Medical Examiners adopts the repeal of §§171.1-171.9
and new §§171.1-171.6, concerning Institutional Permits without
changes to the proposed text as published in the March 5, 1999, issue of the
The repeals and new rules are necessary to improve the regulation of postgraduate
medical training in the State of Texas.
The Board received a comment from Paul C. Mohl, M.D., Professor and Residency
Training Director, University of Texas Southwestern Medical Center. Dr. Mohl
expressed concern that §171.1(e)(2) requiring the director of each approved
postgraduate training program to report if a permit holder has been absent
from the program for more than 30 days is too burdensome on the training program
directors. Dr. Mohl asserted that residents routinely take approved leaves
of absence for pregnancy, illness and other harmless reasons.
The following are the reasons why the Board disagrees with the submissions
and proposals set forth above: The provisions of §171.1(e) were drafted
by the Board in an effort to create rules that were specifically not onerous
to program directors but at the same time facilitated good communication between
the programs and the Board. It should be noted that permits must now be proactively
renewed before their expiration date. As such, the Board needs to be notified
when a permit holder will be absent for an extended period of time in order
to grant a renewal of the permit before it expires. Additionally, if the permit
holder requires additional time beyond the initially allocated permit dates,
a Temporary Permit might need to be issued. Receiving notice of a permit holder's
absence ahead of time will facilitate the Board's timely issuance of permits.
The following is a restatement of the rule's factual basis: The repeal
and the new sections are necessary to improve the regulation of postgraduate
medical training in the State of Texas and it was felt that extensive rewrite
of the sections was necessary to accomplish this.
22 TAC §§171.1-171.9
The repeals are adopted under the Medical Practice Act, Texas
Civil Statutes, Article 4495b, §2.09(a), which provides the Texas State
Board of Medical Examiners with the authority to make rules, regulations and
bylaws not inconsistent with this Act as may be necessary for the governing
of its own proceedings, the performance of its duties, the regulation of the
practice of medicine in this state, and the enforcement of this Act.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April
19, 1999.
TRD-9902260
Bruce A. Levy, M.D., J.D.
Executive Director
Texas State Board of Medical Examiners
Effective date: May 9, 1999
Proposal publication date: March 5, 1999
For further information, please call: (512) 305-7016
22 TAC §§171.1-171.6
The new sections are adopted under the Medical Practice Act,
Texas Civil Statutes, Article 4495b, §2.09(a), which provides the Texas
State Board of Medical Examiners with the authority to make rules, regulations
and bylaws not inconsistent with this Act as may be necessary for the governing
of its own proceedings, the performance of its duties, the regulation of the
practice of medicine in this state, and the enforcement of this Act.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April
19, 1999.
TRD-9902261
Bruce A. Levy, M.D., J.D.
Executive Director
Texas State Board of Medical Examiners
Effective date: May 9, 1999
Proposal publication date: March 5, 1999
For further information, please call: (512) 305-7016
22 TAC §185.2, §185.14
The Texas State Board of Medical Examiners adopts amendments
to §185.2 and §185.14, concerning Definitions and Notification of
Intent to Practice and Supervise without changes to the proposed text as published
in the March 5, 1999, issue of the
Texas Register
(24 TexReg 1532) and will not be republished.
The definitions in §185.2 were numbered to comply with Texas Register
requirements. Also, the amendments clarify the term "submit" as it relates
to documentation required for approval for a physician assistant to practice
and for a physician to supervise a physician assistant. In addition, the combining
of two separate applications into one form will be more efficient.
No comments were received regarding adoption of the amendments.
The amendments are adopted under the Medical Practice Act, Texas
Civil Statutes, Article 4495b, §2.09(a), which provides the Texas State
Board of Medical Examiners with the authority to make rules, regulations and
bylaws not inconsistent with this Act as may be necessary for the governing
of its own proceedings, the performance of its duties, the regulation of the
practice of medicine in this state, and the enforcement of this Act.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April
19, 1999.
TRD-9902263
Bruce A. Levy, M.D., J.D.
Executive Director
Texas State Board of Medical Examiners
Effective date: May 9, 1999
Proposal publication date: March 5, 1999
For further information, please call: (512) 305-7016
22 TAC §193.2
The Texas State Board of Medical Examiners adopts an amendment
to §193.2, concerning Definitions without changes to the proposed text
as published in the March 5, 1999, issue of the
Texas Register
(24 TexReg 1533) and will not be republished.
The definitions are numbered to comply with Texas Register requirements.
Also, the amendment clarifies the term "submit" as it relates to documentation
required for approval for a physician to delegate prescriptive authority to
a physician assistant or advanced practice nurse.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Medical Practice Act, Texas
Civil Statutes, Article 4495b, §2.09(a), which provides the Texas State
Board of Medical Examiners with the authority to make rules, regulations and
bylaws not inconsistent with this Act as may be necessary for the governing
of its own proceedings, the performance of its duties, the regulation of the
practice of medicine in this state, and the enforcement of this Act.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April
19, 1999.
TRD-9902262
Bruce A. Levy, M.D., J.D.
Executive Director
Texas State Board of Medical Examiners
Effective date: May 9, 1999
Proposal publication date: March 5, 1999
For further information, please call: (512) 305-7016
Chapter 541.
Rules Relating to the Provisions of Texas Civil Statutes, Article 6252–13c
22 TAC §541.1
The Texas Real Estate Commission (TREC) adopts an amendment
to §541.1, concerning criminal offense guidelines, without changes to
the proposed text as published in the March 12, 1999, issue of the
Texas Register
(24 TexReg 1733).
The amendment adds registered easement or right-of-way agents to the list
of licensees subject to the section. The section enumerates the kinds of criminal
offenses which may result in the disapproval of an application for a license
or disciplinary action against a licensee under the authority of Texas Civil
Statutes, Article 6252-13c. Adoption of the amendment was necessary to clarify
that the section applies to persons licensed or registered by the commission
or seeking a license or registration.
No comments were received on the proposal.
The amendment is adopted under Texas Civil Statutes, Article
6573a, §5(h), which authorize the Texas Real Estate Commission to make
and enforce all rules and regulations necessary for the performance of its
duties.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April
14, 1999.
TRD-9902193
Mark A. Moseley
General Counsel
Texas Real Estate Commission
Effective date: May 4, 1999
Proposal publication date: March 12, 1999
For further information, please call: (512) 465-3900
Chapter 663.
Standards of Responsibility and Rules of Conduct
Subchapter B. Professional and Technical Standards
Chapter 163.
Licensure
Chapter 166.
Physician Registration
Chapter 171.
Institutional Permits
Chapter 185.
Physician Assistants
Chapter 193.
Standing Delegation Orders
Part XXIII.
Texas Real Estate Commission
Part XXIX.
Texas Board of Professional Land Surveying