Part 9.
TEXAS STATE BOARD OF MEDICAL EXAMINERS
Chapter 163.
LICENSURE
22 TAC §163.14
The Texas State Board of Medical Examiners adopts new §163.14,
concerning Licensure to Practice Medicine Across State Lines, without changes
to the proposed text as published in the April 23, 2004, issue of the
The new rule is created in order to implement requirements for practicing
medicine across state lines.
No comments were received regarding adoption of the rule.
The new section is adopted 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.
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 June 14, 2004.
TRD-200403861
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Effective date: July 4, 2004
Proposal publication date: April 23, 2004
For further information, please call: (512) 305-7016
The Texas State Board of Medical Examiners adopts the repeal of §§174.1
- 174.17 and new §§174.1 - 174.5, concerning Telemedicine, without
changes to the proposed text as published in the April 23, 2004, issue of
the
Texas Register
(29 TexReg 3895) and will
not be republished.
The new rules relate to standards for provision of telemedicine medical
services and use of the Internet in transmission of information.
No comments were received regarding adoption of the rules.
22 TAC §§174.1 - 174.17
The repeals are adopted 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.
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 June 14, 2004.
TRD-200403862
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Effective date: July 4, 2004
Proposal publication date: April 23, 2004
For further information, please call: (512) 305-7016
22 TAC §§174.1 - 174.5
The new sections are adopted 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.
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 June 14, 2004.
TRD-200403863
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Effective date: July 4, 2004
Proposal publication date: April 23, 2004
For further information, please call: (512) 305-7016
The Texas State Board of Medical Examiners adopts amendments to §§177.1
- 177.3, 177.5-177.8, the repeal of §§177.9 - 177.16 and new §§177.9
- 177.13, concerning Certification of Non-Profit Health Organizations, without
changes to the proposed text as published in the April 23, 2004, issue of
the
Texas Register
(29 TexReg 3898) and will
not be republished. The Texas State Board of Medical Examiners also adopts
an amendment to §177.4 with changes to the proposed text as published
in the April 23, 2004, issue of the
Texas Register
(29 TexReg 3898). The text of the rule will be republished. There
is a minor change in paragraph (2)(F). The words at the end of the sentence
"unless the physician is terminated" have been removed.
The amendments, repeals and new rules are necessary for general cleanup
of the chapter.
Elsewhere in this issue of the
Texas Register
, the Texas State Board of Medical Examiners adopts the rule review
of Chapter 177.
No comments were received regarding adoption of the rules.
22 TAC §§177.1 - 177.8
The amendments are adopted 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.
§177.4.Applications for Certification as a 162.001(b) Health Organization.
A health organization seeking certification under §162.001(b)
of the Act shall submit an application to the board, to the attention of the
Non-Profits department, on a form approved by the board. The application shall
include:
(1)
Initial Identification Statement. A statement signed and
verified by the chief executive officer:
(A)
indicating the name and mailing address of the health organization;
(B)
indicating the names and mailing addresses of all members
or that there are no members;
(C)
indicating the names and mailing addresses of all officers;
and
(D)
indicating the names and mailing addresses of all directors.
(2)
Initial Document Statement. A statement signed and verified
by the chief executive officer attaching a copy of the current certificate
of incorporation of the health organization and attaching a copy of the current
by-laws of the health organization including provisions that:
(A)
the health organization is organized for any or all of
the following purposes:
(i)
the carrying out of scientific research and research projects
in the public interest in the fields of medical sciences, medical economics,
public health, sociology, or related areas;
(ii)
the supporting of medical education in medical schools
through grants and scholarships;
(iii)
the improving and developing of the abilities of individuals
and institutions studying, teaching, and practicing medicine;
(iv)
the delivery of health care to the public;
(v)
the engaging in the instruction of the general public in
the area of medical science, public health, and hygiene and related instruction
useful to the individual and beneficial to the community.
(B)
the physician(s) organizing and incorporating the health
organization shall select the initial board of directors consistent with the
mission, goals, and purposes of the health organization;
(C)
the by-laws of the health organization shall be interpreted
in a manner that reserves to the health organization through its retained
physicians the sole authority to engage in the practice of medicine and reserves
to the health organization through its board of directors the sole authority
to direct the medical, professional, and ethical aspects of the practice of
medicine;
(D)
each director is required to immediately report to the
board any action or event which such director reasonably and in good faith
believes constitutes a violation or attempted violation of the Act or the
Rules;
(E)
each director is required to individually disclose to the
member(s), if any, and to the board of directors (at the times of nomination
and appointment) and to the board (at the times of initial application and
biennial reports) the identity of each financial relationship known to such
director, if any, which such director has with any member, any other director,
any supplier of the health organization or any affiliate of any member, other
director , or supplier of the health organization, and to provide a concise
explanation of the nature of each such financial relationship; and
(F)
the termination of the retention of any physician to provide
medical services on behalf of the health organization during such physician's
term of retention may be accomplished only by the board of directors or its
physician designee(s) and such termination shall be subject to due process
procedures adopted by the board of directors or its physician designee(s)
or provided by the retention agreement between the health organization and
the subject physician.
(3)
Initial Director Statements. Statements signed and verified
by each current director indicating that:
(A)
such director is licensed by the board;
(B)
such director is actively engaged in the practice of medicine
and has no restrictions on his or her Texas medical license ;
(C)
such director will, as a director, exercise independent
judgment in all matters and, specifically, matters relating to credentialing,
quality assurance, utilization review, peer review, and the practice of medicine;
(D)
such director will, as a director, exercise best efforts
to cause the health organization to comply with all relevant provisions of
the Act and the Rules;
(E)
such director will, as a director, immediately report to
the board any action or event which such director reasonably and in good faith
believes constitutes a violation or attempted violation of the Act or the
Rules; and
(F)
such director has disclosed within such director's statement
the identity of all of such director's financial relationships, if any, of
the type described in paragraph (2)(E) of this subsection and provided a concise
explanation of the nature of each such financial relationship within such
director's statement.
(4)
Initial Compliance Statement. A statement signed and verified
by the chief executive officer indicating that the health organization is
in compliance with the requirements for certification and continued certification
as required by the provisions of the Act and the Rules.
(5)
Initial Fee Payment. A fee in the amount and form specified
by the Rules.
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 June 14, 2004.
TRD-200403864
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Effective date: July 4, 2004
Proposal publication date: April 23, 2004
For further information, please call: (512) 305-7016
22 TAC §§177.9 - 177.16
The repeals are adopted 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.
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 June 14, 2004.
TRD-200403865
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Effective date: July 4, 2004
Proposal publication date: April 23, 2004
For further information, please call: (512) 305-7016
22 TAC §§177.9 - 177.13
The new rules are adopted 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.
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 June 14, 2004.
TRD-200403866
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Effective date: July 4, 2004
Proposal publication date: April 23, 2004
For further information, please call: (512) 305-7016
22 TAC §184.14
The Texas State Board of Medical Examiners adopts an amendment
to §184.14, concerning qualifications of supervising physicians without
changes to the proposed text as published in the April 23, 2004, issue of
the
Texas Register
(29 TexReg 3902) and will
not be republished.
The amendment clarifies that a supervising physician's license must be
unrestricted and active.
No comments were received regarding adoption of the rule.
The amendment is adopted 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.
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 June 14, 2004.
TRD-200403867
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Effective date: July 4, 2004
Proposal publication date: April 23, 2004
For further information, please call: (512) 305-7016
22 TAC §§185.8, 185.16, 185.20
The Texas State Board of Medical Examiners adopts amendments
to §§185.8, 185.16 and 185.20, concerning Physician Assistants,
without changes to the proposed text as published in the April 23, 2004, issue
of the
Texas Register
(29 TexReg 3903) and
will not be republished.
The amendments regard inactive status, supervising physicians, employment
guidelines, and complaints.
Elsewhere in this issue of the
Texas Register
, the Texas State Board of Medical Examiners adopts the rule review
of Chapter 185.
No comments were received regarding adoption of the rules.
The amendments are adopted 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.
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 June 14, 2004.
TRD-200403868
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Effective date: July 4, 2004
Proposal publication date: April 23, 2004
For further information, please call: (512) 305-7016
The Texas State Board of Medical Examiners adopts an amendment to §187.2
and §187.31, the repeal of §§187.26-187.28 and new §187.26
and §187.27, concerning Procedural Rules, without changes to the proposed
text as published in the April 23, 2004, issue of the
Texas Register
(29 TexReg 3904) and will not be republished.
The amendments, repeals and new rules regard default judgments by the Board
in SOAH administrative proceedings.
No comments were received regarding adoption of the rules.
Subchapter A. GENERAL PROVISIONS AND DEFINITIONS
22 TAC §187.2
The amendment is adopted 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.
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 June 14, 2004.
TRD-200403869
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Effective date: July 4, 2004
Proposal publication date: April 23, 2004
For further information, please call: (512) 305-7016
22 TAC §§187.26 - 187.28
The repeals are adopted 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.
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 June 14, 2004.
TRD-200403870
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Effective date: July 4, 2004
Proposal publication date: April 23, 2004
For further information, please call: (512) 305-7016
22 TAC §187.26, §187.27
The new rules are adopted 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.
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 June 14, 2004.
TRD-200403871
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Effective date: July 4, 2004
Proposal publication date: April 23, 2004
For further information, please call: (512) 305-7016
22 TAC §187.31
The amendment is adopted 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.
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 June 14, 2004.
TRD-200403872
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Effective date: July 4, 2004
Proposal publication date: April 23, 2004
For further information, please call: (512) 305-7016
Subchapter B. VIOLATION GUIDELINES
Chapter 174.
TELEMEDICINE
Chapter 177.
CERTIFICATION OF NON-PROFIT HEALTH ORGANIZATIONS
Chapter 177.
CERTIFICATION OF NON-PROFIT ORGANIZATIONS
Chapter 177.
CERTIFICATION OF NON-PROFIT HEALTH ORGANIZATIONS
Chapter 184.
SURGICAL ASSISTANTS
Chapter 185.
PHYSICIAN ASSISTANTS
Chapter 187.
PROCEDURAL RULES
Subchapter C. FORMAL BOARD PROCEEDINGS AT SOAH
Chapter 190.
DISCIPLINARY GUIDELINES