22 TAC §§163.1, 163.2, 163.4, 163.6 - 163.9
The Texas Medical Board (Board) adopts the amendments to §§163.1, 163.2, 163.4, and 163.6, and new §§163.7 - 163.9, relating to Licensure, without changes to the proposed text as published in the May 4, 2007, issue of the Texas Register (32 TexReg 2439) and will not be republished.
Prior to publishing the proposed amendments and the new rules, the Board sought stakeholder input through a Licensure Stakeholder Group, which made comments on the suggested changes to the rules at a meeting held on March 23, 2007. The comments were incorporated into the published proposed rules.
The Board received no public written comments and no one appeared to testify at the public hearing held on June 8, 2007.
The amendment and new sections are adopted under the authority of the Texas Occupations Code Annotated, §153.001 and §155.003(d), which provides authority for the Texas Medical Board to adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine in this state; enforce this subtitle; and establish rules related to licensure.
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 13, 2007.
TRD-200702382
Donald W. Patrick, MD, JD
Executive Director
Texas Medical Board
Effective date: July 3, 2007
Proposal publication date: May 4, 2007
For further information, please call: (512) 305-7016
The Texas Medical Board (Board) adopts the amendments to §164.4, relating to physician advertising of board certification, without changes to the proposed text as published in the May 4, 2007, issue of the Texas Register (32 TexReg 2442) and will not be republished.
Prior to publishing the proposed amendments, the Board sought stakeholder input through a Enforcement Stakeholder Group, which made comments on the suggested changes to the rules at meetings held on March 23, 2007 and May 16, 2007. The comments were incorporated into the published proposed rules.
At the public hearing held on June 8, 2007, the Board received comments from the Texas Academy of Palliative Medicine. No other comments were received by the Board, either in writing or by testimony at the hearing.
Comment No. 1: The Texas Academy of Palliative Medicine commented that physicians certified by the American Board of Hospice and Palliative Medicine ("ABHPM") be allowed to advertise their board certification, even though ABHPM is not a member of the American Board of Medical Specialties ("ABMS") or the Bureau of Osteopathic Specialties ("BOS"). The basis of the recommendation is that palliative medicine is the newest member of the ABMS and certification for physicians in this field will not begin until 2008. Therefore, those certified by the former certifying organization should be allowed to advertise their board certification during the transition period.
Response to Comment No. 1: The Board disagrees with these comments. The Board's rules are designed to assure the quality of the certification process before a physician is allowed to advertise certification. If the ABHPM did not meet the requirements previously, it does not meet the requirements today and physicians should not be allowed to advertise board certification by an organization that does not meet the requirements. For these reasons, the Board does not believe that any changes should be made to the rule as published. The Board has adopted amendments to §164.4, as published, without changes.
The amendment is adopted under the authority of the Texas Occupations Code Annotated, §153.001, which provides authority for the Texas Medical Board to adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine in this state; enforce this subtitle; and establish rules related to licensure.
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 13, 2007.
TRD-200702383
Donald W. Patrick, MD, JD
Executive Director
Texas Medical Board
Effective date: July 3, 2007
Proposal publication date: May 4, 2007
For further information, please call: (512) 305-7016
The Texas Medical Board (Board) adopts the amendments to §166.5, relating to relicensure, without changes to the proposed text as published in the May 4, 2007, issue of the Texas Register (32 TexReg 2443) and will not be republished.
Prior to publishing the proposed amendments, the Board sought stakeholder input through a Licensure Stakeholder Group, which made comments on the suggested changes to the rules at a meeting held on March 23, 2007. The comments were incorporated into the published proposed rules.
The Board received no public written comments and no one appeared to testify at the public hearing held on June 8, 2007.
The amendment is adopted under the authority of the Texas Occupations Code Annotated, §153.001 and §155.003(d) which provides authority for the Texas Medical Board to adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine in this state; enforce this subtitle; and establish rules related to licensure.
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 13, 2007.
TRD-200702384
Donald W. Patrick, MD, JD
Executive Director
Texas Medical Board
Effective date: July 3, 2007
Proposal publication date: May 4, 2007
For further information, please call: (512) 305-7016
Subchapter B. TEMPORARY LICENSES
The Texas Medical Board (Board) adopts the amendments to §172.5, relating to temporary and limited licenses, without changes to the proposed text as published in the May 4, 2007, issue of the Texas Register (32 TexReg 2444) and will not be republished.
Prior to publishing the proposed amendments, the Board sought stakeholder input through a Licensure Stakeholder Group, which made comments on the suggested changes to the rules at a meeting held on March 23, 2007. The comments were incorporated into the published proposed rules.
The Board received comments regarding proposed amendments to §172.5 from the Texas Association of Community Health Centers, Inc. No other comments were received by the Board, either in writing or by testimony at the hearing.
Comment No. 1: The Texas Association of Community Health Centers, Inc. commented that the word "Visiting" should be removed from the title of the Visiting Physician Temporary Permit.
Response to Comment No. 1: The Board disagrees with this comment. Deleting the word "Visiting" would create confusion with temporary licenses that the Board issues pursuant to §172.11 of the Board Rules. For this reason, the Board does not believe that any changes should be made to the rules as published. The Board has adopted amendments to §172.5, as published, without changes.
Comment No. 2: The Texas Association of Community Health Centers, Inc. commented that the rule should add detail to better define facilities that might utilize the permit.
Response to Comment No. 2. The Board disagrees with this comment. The rule as proposed does not limit the facilities that might utilize the permit. To add such language could be interpreted as limiting the use of the permit. For this reason, the Board does not believe that any changes should be made to the rules as published. The Board has adopted amendment to §172.5, as published, without changes.
Comment No. 3: The Texas Association of Community Health Centers, Inc. commented that the rule should add a timeline of thirty days as a limit for issuing a Visiting Physician Temporary Permit.
Response to Comment No. 3. The Board disagrees with this comment. Historically, the Board has issued such permits in much less than the thirty days, requested by the comment. Therefore, a thirty day timeline is not necessary. For this reason, the Board does not believe that any changes should be made to the rules as published. The Board has adopted amendment to §172.5, as published, without changes.
Comment No. 4: The Texas Association of Community Health Centers, Inc. commented that the rule should extend the length of the temporary permit from one week to thirty days.
Response to Comment No. 4: The Board disagrees with this comment. The Executive Director is authorized to extend the permit as necessary and appropriate. The visiting Physician Temporary Permit is used in some instances in which it is used only for a few days. Therefore, the minimum length of the permit should be only for as long as might be necessary in these situations. For this reason, the Board does not believe that any changes should be made to the rules as published. The Board has adopted amendments to §172.5, as published, without changes.
Comment No. 5: The Texas Association of Community Health Centers, Inc. commented that the rule should include the supervising physician in the process to extend the length of the temporary permit.
Response to Comment No. 5. The Board disagrees with this comment. While this comment has merit, it in not necessary to accomplish this change by an amendment to the proposed rule. It can be accomplished by a revision to the application for a Visiting Physician Temporary Permit, which can be done by Board Staff. For this reason, the Board does not believe that any changes should be made to the rule as published. The Board has adopted amendments to §172.5, as published, without changes.
The amendment is adopted under the authority of the Texas Occupations Code Annotated, §153.001 and §155.009, which provides the Texas Medical Board to adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine in this state; enforce this subtitle; and establish rules related to licensure.
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 13, 2007.
TRD-200702385
Donald W. Patrick, MD, JD
Executive Director
Texas Medical Board
Effective date: July 3, 2007
Proposal publication date: May 4, 2007
For further information, please call: (512) 305-7016
The Texas Medical Board (Board) adopts the amendments to §173.3, relating to physician-initiated updates to physician profiles, without changes to the proposed text as published in the May 4, 2007, issue of the Texas Register (32 TexReg 2445) and will not be republished.
Prior to publishing the proposed amendment, the Board sought stakeholder input through a Enforcement Stakeholder Group, which made comments on the suggested changes to the rules at a meeting held on March 23, 2007 and May 16, 2007. The comments were incorporated into the published proposed rule.
The Board received no public written comments and no one appeared to testify at the public hearing held on June 8, 2007.
The amendment is adopted under the authority of the Texas Occupations Code Annotated, §153.001, which provides authority for the Texas Medical Board to adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine in this state; enforce this subtitle; and establish rules related to licensure.
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 13, 2007.
TRD-200702386
Donald W. Patrick, MD, JD
Executive Director
Texas Medical Board
Effective date: July 3, 2007
Proposal publication date: May 4, 2007
For further information, please call: (512) 305-7016
The Texas Medical Board (Board) adopts the amendments to §182.5, relating to expert panels, without changes to the proposed text as published in the May 4, 2007, issue of the Texas Register (32 TexReg 2446) and will not be republished.
Prior to publishing the proposed amendments, the Board sought stakeholder input through an Enforcement Stakeholder Group, which made comments on the suggested changes to the rules at a meeting held on March 23, 2007 and May 16, 2007. The comments were incorporated into the published proposed rule.
The Board received no public written comments; and no one appeared to testify at the public hearing held on June 8, 2007.
The amendment is adopted under the authority of the Texas Occupations Code Annotated, §153.001, which provides authority for the Texas Medical Board to adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine in this state; enforce this subtitle; and establish rules related to licensure.
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 13, 2007.
TRD-200702387
Donald W. Patrick, MD, JD
Executive Director
Texas Medical Board
Effective date: July 3, 2007
Proposal publication date: May 4, 2007
For further information, please call: (512) 305-7016
The Texas Medical Board (Board) adopts the amendments to §184.4 and §184.8, and new §184.26, relating to the licensure of surgical assistants, without changes to the proposed text as published in the May 4, 2007, issue of the Texas Register (32 TexReg 2446) and will not be republished.
Prior to publishing the proposed amendments, the Board sought stakeholder input through a Licensure Stakeholder Group, which made comments on the suggested changes to the rules at a meeting held on March 23, 2007. The comments were incorporated into the published proposed rules.
The Board received no public written comments; and no one appeared to testify at the public hearing held on June 8, 2007.
The amendments and new rules are adopted under the authority of the Texas Occupations Code Annotated, §206.101 and §206.210, which provides authority for the Texas Medical Board to adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine in this state; enforce this subtitle; and establish rules related to licensure.
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 13, 2007.
TRD-200702388
Donald W. Patrick, MD, JD
Executive Director
Texas Medical Board
Effective date: July 3, 2007
Proposal publication date: May 4, 2007
For further information, please call: (512) 305-7016
Subchapter G. SUSPENSION BY OPERATION OF LAW
The Texas Medical Board (Board) adopts new §§187.70 - 187.73, relating to suspension by operation of law, without changes to the proposed text as published in the May 4, 2007, issue of the Texas Register (32 TexReg 2448) and will not be republished.
Prior to publishing the proposed new rules, the Board sought stakeholder input through an Enforcement Stakeholder Group, which made comments on the suggested changes to the rules at a meeting held on March 23, 2007 and May 16, 2007. The comments were incorporated into the published proposed rules.
The Board received no public written comments; and no one appeared to testify at the public hearing held on June 8, 2007.
The new sections are adopted under the authority of the Texas Occupations Code Annotated, §153.001, which provides authority for the Texas Medical Board to adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine in this state; enforce this subtitle; and establish rules related to licensure.
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 13, 2007.
TRD-200702389
Donald W. Patrick, MD, JD
Executive Director
Texas Medical Board
Effective date: July 3, 2007
Proposal publication date: May 4, 2007
For further information, please call: (512) 305-7016
Subchapter B. VIOLATION GUIDELINES
The Texas Medical Board (Board) adopts the amendments to §190.8, relating to violation guidelines, with changes to the proposed text as published in the May 4, 2007, issue of the Texas Register (32 TexReg 2449).
Prior to publishing the proposed amendments, the Board sought stakeholder input through an Enforcement Stakeholder Group, which made comments on the suggested changes to the rules at meetings held on March 23, 2007 and May 16, 2007. The comments were incorporated into the published proposed rules.
The Board received comments regarding the proposed amendments from the Texas Department of Insurance ("TDI") and the Texas Association of Health Plans ("TAHP").
Comment No. 1: TDI commented that proposed §190.8(1)(N) arguably requires utilization review agents, who are certified by TDI, to follow conflicting requirements. TDI noted that §4201.304(a)(3), Insurance Code, requires that utilization review agents render a decision within one hour, which may conflict with the proposed amendment.
Response to Comment No. 1. The Board has responded to this comment by deleting the proposed amendment to §190.8(1)(N). The Board has also authorized the republication of this proposed amendment with the change suggested by TDI, which will provide an opportunity for further comment on the proposed rule. The proposed amendment will be published upon the effective date of this adoption.
Comment No. 2: TAHP commented that medical directors, who determine coverage under a health plan, rather than the course of treatment for a patient, may be covered by the proposed rule. TAHP argues that attempts to regulate the activities of health plan medical directors not engaged in the practice of medicine would exceed the Board's authority and that the proposed §190.8(1)(N) should be struck.
Response to Comment No. 2. The Board has responded to this comment by deleting the proposed amendment to §190.8(1)(N). The Board has also authorized the republication of this proposed amendment with a change suggested by TDI, which will provide an opportunity for the Board to further assess the Board's authority to adopt this proposed rule and to receive further comment on the proposed rule. The proposed amendment will be published upon the effective date of this adoption.
The Board received no further public written comments and no one appeared to testify at the public hearing held on June 8, 2007.
The amendment is adopted under the authority of the Texas Occupations Code Annotated, §153.001, which provides authority for the Texas Medical Board to adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine in this state; enforce this subtitle; and establish rules related to licensure.
§190.8.Violation Guidelines.
When substantiated by credible evidence, the following acts, practices, and conduct are considered to be violations of the Act. The following shall not be considered an exhaustive or exclusive listing.
(1) Practice Inconsistent with Public Health and Welfare. Failure to practice in an acceptable professional manner consistent with public health and welfare within the meaning of the Act includes, but is not limited to:
(A) failure to treat a patient according to the generally accepted standard of care;
(B) negligence in performing medical services;
(C) failure to use proper diligence in one's professional practice;
(D) failure to safeguard against potential complications;
(E) improper utilization review;
(F) failure to timely respond in person when on-call or when requested by emergency room or hospital staff;
(G) failure to disclose reasonably foreseeable side effects of a procedure or treatment;
(H) failure to disclose reasonable alternative treatments to a proposed procedure or treatment;
(I) failure to obtain informed consent from the patient or other person authorized by law to consent to treatment on the patient's behalf before performing tests, treatments, or procedures;
(J) termination of patient care without providing reasonable notice to the patient;
(K) prescription or administration of a drug in a manner that is not in compliance with Chapter 200 of this title (relating to Standards for Physicians Practicing Complementary and Alternative Medicine) or, that is either not approved by the Food and Drug Administration (FDA) for use in human beings or does not meet standards for off-label use, unless an exemption has otherwise been obtained from the FDA;
(L) prescription of any dangerous drug or controlled substance without first establishing a proper professional relationship with the patient.
(i) A proper relationship, at a minimum requires:
(I) establishing that the person requesting the medication is in fact who the person claims to be;
(II) establishing a diagnosis through the use of acceptable medical practices such as patient history, mental status examination, physical examination, and appropriate diagnostic and laboratory testing. An online or telephonic evaluation by questionnaire is inadequate;
(III) discussing with the patient the diagnosis and the evidence for it, the risks and benefits of various treatment options; and
(IV) ensuring the availability of the licensee or coverage of the patient for appropriate follow-up care.
(ii) A proper professional relationship is also considered to exist between a patient certified as having a terminal illness and who is enrolled in a hospice program, or another similar formal program which meets the requirements of subclauses (I) through (IV) of this clause, and the physician supporting the program. To have a terminal condition for the purposes of this rule, the patient must be certified as having a terminal illness under the requirements of 40 TAC §97.403 and 42 CFR 418.22.
(M) inappropriate prescription of dangerous drugs or controlled substances to oneself, family members, or others in which there is a close personal relationship that would include the following:
(i) prescribing or administering dangerous drugs or controlled substances without taking an adequate history, performing a proper physical examination, and creating and maintaining adequate records; and
(ii) prescribing controlled substances in the absence of immediate need. "Immediate need" shall be considered no more than 72 hours.
(N) providing on-call back-up by a person who is not licensed to practice medicine in this state or who does not have adequate training and experience.
(2) Unprofessional and Dishonorable Conduct. Unprofessional and dishonorable conduct that is likely to deceive, defraud, or injure the public within the meaning of the Act includes, but is not limited to:
(A) violating a board order;
(B) failing to comply with a board subpoena or request for information or action;
(C) providing false information to the board;
(D) failing to cooperate with board staff;
(E) engaging in sexual contact with a patient;
(F) engaging in sexually inappropriate behavior or comments directed towards a patient;
(G) becoming financially or personally involved with a patient in an inappropriate manner;
(H) referring a patient to a facility without disclosing the existence of the licensee's ownership interest in the facility to the patient;
(I) using false, misleading, or deceptive advertising;
(J) providing medically unnecessary services to a patient or submitting a billing statement to a patient or a third party payer that the licensee knew or should have known was improper. "Improper" means the billing statement is false, fraudulent, misrepresents services provided, or otherwise does not meet professional standards;
(K) behaving in an abusive or assaultive manner towards a patient or the patient's family or representatives that interferes with patient care or could be reasonably expected to adversely impact the quality of care rendered to a patient;
(L) failing to timely respond to communications from a patient;
(M) failing to complete the required amounts of CME;
(N) failing to maintain the confidentiality of a patient;
(O) failing to report suspected abuse of a patient by a third party, when the report of that abuse is required by law;
(P) behaving in a disruptive manner toward licensees, hospital personnel, other medical personnel, patients, family members or others that interferes with patient care or could be reasonably expected to adversely impact the quality of care rendered to a patient;
(Q) entering into any agreement whereby a licensee, peer review committee, hospital, medical staff, or medical society is restricted in providing information to the board; and
(R) commission of the following violations of federal and state laws whether or not there is a complaint, indictment, or conviction:
(i) any felony;
(ii) any offense in which assault or battery, or the attempt of either is an essential element;
(iii) any criminal violation of the Medical Practice Act or other statutes regulating or pertaining to the practice of medicine;
(iv) any criminal violation of statutes regulating other professions in the healing arts that the licensee is licensed in;
(v) any misdemeanor involving moral turpitude as defined by paragraph (6) of this section;
(vi) bribery or corrupt influence;
(vii) burglary;
(viii) child molestation;
(ix) kidnapping or false imprisonment;
(x) obstruction of governmental operations;
(xi) public indecency; and
(xii) substance abuse or substance diversion.
(S) contacting or attempting to contact a complainant or witness regarding an investigation by the board for purposes of intimidation. It is not a violation for a licensee under investigation to have contact with a complainant or witness if the contact is in the normal course of business and unrelated to the investigation.
(3) Disciplinary actions by another state board. A voluntary surrender of a license in lieu of disciplinary action or while an investigation or disciplinary action is pending constitutes disciplinary action within the meaning of the Act. The voluntary surrender shall be considered to be based on acts that are alleged in a complaint or stated in the order of voluntary surrender, whether or not the licensee has denied the facts involved.
(4) Disciplinary actions by peer groups. A voluntary relinquishment of privileges or a failure to renew privileges with a hospital, medical staff, or medical association or society while investigation or a disciplinary action is pending or is on appeal constitutes disciplinary action that is appropriate and reasonably supported by evidence submitted to the board, within the meaning of section 164.051(a)(7) the Act.
(5) Repeated or recurring meritorious health care liability claims. It shall be presumed that a claim is "meritorious," within the meaning of section 164.051(a)(8) of the Act, if there is a finding by a judge or jury that a licensee was negligent in the care of a patient or if there is a settlement of a claim without the filing of a lawsuit or a settlement of a lawsuit against the licensee in the amount of $50,000 or more. Claims are "repeated or recurring," within the meaning of section 164.051(a)(8) of the Act, if there are three or more claims in any five-year period. The date of the claim shall be the date the licensee or licensee's medical liability insurer is first notified of the claim, as reported to the board pursuant to section 160.052 of the Act or otherwise.
(6) Discipline based on Criminal Conviction. The board is authorized by the following separate statutes to take disciplinary action against a licensee based on a criminal conviction:
(A) Felonies.
(i) Section 164.051(a)(2)(B) of the Medical Practice Act, section 204.303(a)(2) of the Physician Assistant Act, and section 203.351(a)(7) of the Acupuncture Act, (collectively, the "Licensing Acts") authorize the board to take disciplinary action based on a conviction, deferred adjudication, community supervision, or deferred disposition for any felony.
(ii) Chapter 53, Tex. Occ. Code authorizes the board to revoke or suspend a license on the grounds that a person has been convicted of a felony that directly relates to the duties and responsibilities of the licensed occupation.
(iii) Because the provisions of the Licensing Acts may be based on either conviction or a form of deferred adjudication, the board determines that the requirements of the Act are stricter than the requirements of Chapter 53 and, therefore, the board is not required to comply with Chapter 53, pursuant to section 153.0045 of the Act.
(iv) Upon the initial conviction for any felony, the board shall suspend a physician's license, in accordance with section 164.057(a)(1)(A), of the Act.
(v) Upon final conviction for any felony, the board shall revoke a physician's license, in accordance with section 164.057(b) of the Act
(B) Misdemeanors.
(i) Section 164.051(a)(2)(B) of the Act authorizes the board to take disciplinary action based on a conviction, deferred adjudication, community supervision, or deferred disposition for any misdemeanor involving moral turpitude.
(ii) Chapter 53, Tex. Occ. Code authorizes the board to revoke or suspend a license on the grounds that a person has been convicted of a misdemeanor that directly relates to the duties and responsibilities of the licensed occupation.
(iii) For a misdemeanor involving moral turpitude, the provisions of section 164.051(a)(2) of the Medical Practice Act and section 205.351(a)(7) of the Acupuncture Act, may be based on either conviction or a form of deferred adjudication, and therefore the board determines that the requirements of these licensing acts are stricter than the requirements of Chapter 53 and the board is not required to comply with Chapter 53, pursuant to section 153.0045 of the Act.
(iv) The Medical Practice Act and the Acupuncture Act do not authorize disciplinary action based on conviction for a misdemeanor that does not involve moral turpitude. The Physician Assistant Act does not authorize disciplinary action based on conviction for a misdemeanor. Therefore these licensing acts are not stricter than the requirements of Chapter 53 in those situations. In such situations, the conviction will be considered to directly relate to the practice of medicine if the act:
(I) arose out of the practice of medicine, as defined by the Act;
(II) arose out of the practice location of the physician;
(III) involves a patient or former patient;
(IV) involves any other health professional with whom the physician has or has had a professional relationship;
(V) involves the prescribing, sale, distribution, or use of any dangerous drug or controlled substance; or
(VI) involves the billing for or any financial arrangement regarding any medical service;
(v) Misdemeanors involving moral turpitude. Misdemeanors involving moral turpitude, within the meaning of the Act, are those that involve dishonesty, fraud, deceit, misrepresentation, deliberate violence, or that reflect adversely on a licensee's honesty, trustworthiness, or fitness to practice under the scope of the person's license.
(C) In accordance with section 164.058 of the Act, the board shall suspend the license of a licensee serving a prison term in a state or federal penitentiary during the term of the incarceration regardless of the offense.
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 13, 2007.
TRD-200702390
Donald W. Patrick, MD, JD
Executive Director
Texas Medical Board
Effective date: July 3, 2007
Proposal publication date: May 4, 2007
For further information, please call: (512) 305-7016
The Texas Medical Board (Board) adopts the amendments to §196.1 and §196.4, relating to voluntary surrender of a license, without changes to the proposed text as published in the May 4, 2007, issue of the Texas Register (32 TexReg 2450) and will not be republished.
Prior to publishing the proposed amendments, the Board sought stakeholder input through a Enforcement Stakeholder Group, which made comments on the suggested changes to the rules at a meeting held on March 23, 2007 and May 16, 2007. The comments were incorporated into the published proposed rules.
The Board received no public written comments and no one appeared to testify at the public hearing held on June 8, 2007.
The amendments are adopted under the authority of the Texas Occupations Code Annotated, §153.001, which provides authority for the Texas Medical Board to adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine in this state; enforce this subtitle; and establish rules related to licensure.
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 13, 2007.
TRD-200702391
Donald W. Patrick, MD, JD
Executive Director
Texas Medical Board
Effective date: July 3, 2007
Proposal publication date: May 4, 2007
For further information, please call: (512) 305-7016
The Texas Medical Board (Board) adopts the amendments to §198.1 and new §§198.2 - 198.6, relating to the unlicensed practice of medicine, without changes to the proposed text as published in the May 4, 2007, issue of the Texas Register (32 TexReg 2450) and will not be republished.
Prior to publishing the proposed rules, the Board sought stakeholder input through a Enforcement Stakeholder Group, which made comments on the suggested changes to the rules at a meeting held on March 23, 2007 and May 16, 2007. The comments were incorporated into the published proposed rules.
The Board received no public written comments and no one appeared to testify at the public hearing held on June 8, 2007.
The amendment and new sections are adopted under the authority of the Texas Occupations Code Annotated, §153.001, which provides authority for the Texas Medical Board to adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine in this state; enforce this subtitle; and establish rules related to licensure.
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 13, 2007.
TRD-200702392
Donald W. Patrick, MD, JD
Executive Director
Texas Medical Board
Effective date: July 3, 2007
Proposal publication date: May 4, 2007
For further information, please call: (512) 305-7016