Part 9.
TEXAS STATE BOARD OF MEDICAL EXAMINERS
Chapter 184.
SURGICAL ASSISTANTS
22 TAC §184.6
The Texas State Board of Medical Examiners proposes an amendment
to §184.6, concerning Licensure Documentation. The amendment is made
to subsection (b)(3) and regards licensure documentation concerning examination
results.
Michele Shackelford, General Counsel, Texas State Board of Medical Examiners,
has determined that for the first five-year period the amendment is in effect
there will be no fiscal implications to state or local government as a result
of enforcing the rule as proposed.
Ms. Shackelford also has determined that for each year of the first five
years the amendment as proposed is in effect the public benefit anticipated
as a result of enforcing the section will be an updated rule concerning examination
results. There will be no effect on small or micro businesses.
Comments on the proposal may be submitted to Pat Wood, P.O. Box 2018, MC-901,
Austin, Texas 78768-2018. A public hearing will be held at a later date.
The amendment is proposed under the authority of the Occupations
Code Annotated, §153.001, which provides the Texas State Board of Medical
Examiners to adopt rules and bylaws as necessary to: govern its own proceedings;
perform its duties; regulate the practice of medicine in this state; and enforce
this subtitle.
The following are affected by the proposed amendment: Texas Occupations
Code Annotated, §206.204.
§184.6.Licensure Documentation.
(a)
Original documents may include, but are not limited to,
those listed in subsections (b) and (c) of this section.
(b)
Documentation required of all applicants for licensure.
(1)
Birth Certificate/Proof of Age. Each applicant for licensure
must provide a copy of a birth certificate and translation if necessary to
prove that the applicant is at least 21 years of age. In instances where a
birth certificate is not available the applicant must provide copies of a
passport or other suitable alternate documentation.
(2)
Name change. Any applicant who submits documentation showing
a name other than the name under which the applicant has applied must present
copies of marriage licenses, divorce decrees, or court orders stating the
name change. In cases where the applicant's name has been changed by naturalization,
the applicant should send the original naturalization certificate by certified
mail to the board office for inspection.
(3)
Examination [
(4)
Certification. All applicants must submit:
(A)
a valid and current certificate from a board approved national
certifying organization; and
(B)
a certificate of successful completion of an educational
program whose curriculum includes surgical assisting submitted directly from
the program, unless the applicant qualifies for the special eligibility provision
regarding education under §184.4(c) of this title (relating to Qualifications
for Licensure).
(5)
Evaluations.
(A)
All applicants must provide evaluations, on forms provided
by the board, of their professional affiliations for the past three years
or since graduation from an educational program, in compliance with §184.4(a)(13)
of this chapter (relating to Qualifications for Licensure), whichever is the
shorter period.
(B)
The evaluations must come from at least three physicians
who have each supervised the applicant for more than 100 hours or a majority
of the applicant's work experience.
(C)
An exception to subparagraph (B) of this paragraph may
be made for those applicants who provide adequate documentation that they
have not been supervised by at least three physicians for the three years
preceding the board's receipt of application or since graduation, whichever
is the shorter period.
(6)
Temporary license affidavit. Each applicant must submit
a completed form, furnished by the board, titled "Temporary License Affidavit"
prior to the issuance of a temporary license.
(7)
License verifications. Each applicant for licensure who
is licensed, registered, or certified in another state must have that state
submit directly to the board, that the applicant's license, registration,
or certification is current and in full force and that the license, registration,
or certification has not been restricted, suspended, revoked or otherwise
subject to disciplinary action. The other state shall also include a description
of any sanctions imposed by or disciplinary matters pending in the state.
(c)
Applicants may be required to submit other documentation,
which may include the following:
(1)
Translations. Any document that is in a language other
than the English language will need to have a certified translation prepared
and a copy of the translation submitted with the translated document.
(A)
An official translation from the school or appropriate
agency attached to the foreign language transcript or other document is acceptable.
(B)
If a foreign document is received without a translation,
the board will send the applicant a copy of the document to be translated
and returned to the board.
(C)
Documents must be translated by a translation agency who
is a member of the American Translation Association or a United States college
or university official.
(D)
The translation must be on the translator's letterhead,
and the translator must verify that it is a "true word for word translation"
to the best of his/her knowledge, and that he/she is fluent in the language
translated, and is qualified to translate the document.
(E)
The translation must be signed in the presence of a notary
public and then notarized. The translator's name must be printed below his/her
signature. The notary public must use the phrase: "Subscribed and Sworn this
_______ day of ________, 20___." The notary must then sign and date the translation,
and affix his/her notary seal to the document.
(2)
Arrest records. If an applicant has ever been arrested
the applicant must request that the arresting authority submit to the board
copies of the arrest and arrest disposition.
(3)
Inpatient treatment for alcohol/substance abuse or mental
illness. Each applicant that has been admitted to an inpatient facility within
the last five years for treatment of alcohol/substance abuse or mental illness
must submit the following:
(A)
applicant's statement explaining the circumstances of the
hospitalization;
(B)
all records, submitted directly from the inpatient facility;
(C)
a statement from the applicant's treating physician/psychotherapist
as to diagnosis, prognosis, medications prescribed, and follow-up treatment
recommended; and
(D)
a copy of any contracts signed with any licensing authority,
professional society or impaired practitioner committee.
(4)
Outpatient treatment for alcohol/substance abuse or mental
illness. Each applicant that has been treated on an outpatient basis within
the past five years for alcohol/substance abuse must submit the following:
(A)
applicant's statement explaining the circumstances of the
outpatient treatment;
(B)
a statement from the applicant's treating physician/psychotherapist
as to diagnosis, prognosis, medications prescribed, and follow-up treatment
recommended; and
(C)
a copy of any contracts signed with any licensing authority,
professional society or impaired practitioners committee.
(5)
Malpractice. If an applicant has ever been named in a malpractice
claim filed with any liability carrier or if an applicant has ever been named
in a malpractice suit, the applicant must:
(A)
have each liability carrier complete a form furnished by
this board regarding each claim filed against the applicant's insurance;
(B)
for each claim that becomes a malpractice suit, have the
attorney representing the applicant in each suit submit a letter to the board
explaining the allegation, relevant dates of the allegation, and current status
of the suit. If the suit has been closed, the attorney must state the disposition
of the suit, and if any money was paid, the amount of the settlement. If such
letter is not available, the applicant will be required to furnish a notarized
affidavit explaining why this letter cannot be provided; and
(C)
provide a statement composed by the applicant, explaining
the circumstances pertaining to patient care in defense of the allegations.
(6)
Additional documentation. Additional documentation may
be required as is deemed necessary to facilitate the investigation of any
application for medical licensure.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on March 17, 2003.
TRD-200301772
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Earliest possible date of adoption: April 27, 2003
For further information, please call: (512) 305-7016
Chapter 801.
LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS
Subchapter L. COMPLAINTS AND VIOLATIONS
scores
]
verification
.
Each applicant for licensure must have [
a certified transcript of grades
submitted directly from
] the appropriate testing service
that administered
the surgical assistant examination submit directly
to the board
verification of the applicant’s passage of the examination
[
for all examinations used in Texas or another state for licensure
].
Part 35.
TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS