CHAPTER 162. SUPERVISION OF MEDICAL SCHOOL STUDENTS
The Texas Medical Board proposes an amendment to §162.1, concerning Supervision of Medical Students.
The amendment to §162.1 provides for the supervision of a medical student who is not enrolled at a Texas medical school as a full-time student or visiting student.
Elsewhere in this issue of the Texas Register, the Texas Medical Board contemporaneously proposes the rule review for Chapter 162.
Robert D. Simpson, General Counsel, Texas Medical Board, has determined that for the first five-year period the section is in effect there will be no fiscal implications to state or local government as a result of enforcing the section as proposed. There will be no effect to individuals required to comply with the rule as proposed.
Mr. Simpson also has determined that for each year of the first five years the section as proposed is in effect the public benefit anticipated as a result of enforcing the section will be to set forth requirements for the supervision of a medical student who is not enrolled at a Texas medical school as a full-time student or visiting student.
There will be no effect on small or micro businesses.
Comments on the proposal may be submitted to Sally Durocher, P.O. Box 2018, Austin, Texas 78768-2018. A public hearing will be held at a later date.
The amendment is proposed 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.
No other statutes, articles or codes are affected by the proposal.
§162.1.Supervision of Medical Students.
(a) In order to supervise a medical student: [,]
(1) a physician must have an active and unrestricted Texas license, and the medical student must meet the following criteria:
(A) [(1)] is enrolled at a Texas medical school; or
(B) [(2)] is a student at a medical
school located outside Texas and is enrolled as a visiting student
at a Texas medical school; or
(2) a physician must:
(A) have an active and unrestricted Texas license; and
(B) hold a faculty position in the graduate medical education program in the same specialty in which the student will receive undergraduate medical education; and
(C) supervise the student during the educational period; and
(D) [(3)] the medical student must [
will] receive supervised medical education in either
a Texas hospital or teaching institution, which sponsors or participates
[sponsoring or participating]
in a program of graduate medical education accredited by the Accrediting
Council for Graduate Medical Education, the American Osteopathic Association,
or the Texas Medical Board in the same subject as the medical or osteopathic
medical education in which the hospital or teaching institution has
an agreement with the applicant's school.
(b) If the physician is not licensed in Texas as required in subsection (a) of this section, the physician must be employed by the federal government and maintain an active and unrestricted license.
(c) Physician applicants who receive medical education in the United States in settings that do not comply with statutory requirements set forth in Texas Occupations Code §155.003(b) - (c) may be ineligible for 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 December 29, 2008.
TRD-200806704
Mari Robinson, J.D.
Interim Executive Director
Texas Medical Board
Earliest possible date of adoption: February 8, 2009
For further information, please call: (512) 305-7016
(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Medical Board or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Medical Board proposes the repeal of §171.7, concerning Inactive Status.
The repeal of §171.7 deletes a provision that recognizes an inactive status of a physician in training permit.
Robert D. Simpson, General Counsel, Texas Medical Board, has determined that for the first five-year period the repeal is in effect, there will be no fiscal implications to state or local government as a result of enforcing the repeal as proposed. There will be no effect to individuals required to comply with the repeal as proposed.
Mr. Simpson also has determined that for each year of the first five years the repeal as proposed is in effect the public benefit anticipated as a result of enforcing the repeal of the section will be to delete from the Board's rules a provision regarding inactive status of a physician in training permit that is no longer necessary.
There will be no effect on small or micro businesses.
Comments on the proposal may be submitted to Sally Durocher, P.O. Box 2018, Austin, Texas 78768-2018. A public hearing will be held at a later date.
The repeal is proposed 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.
No other statutes, articles or codes are affected by the proposal.
§171.7.Inactive Status.
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 December 29, 2008.
TRD-200806705
Mari Robinson, J.D.
Interim Executive Director
Texas Medical Board
Earliest possible date of adoption: February 8, 2009
For further information, please call: (512) 305-7016
SUBCHAPTER B. TEMPORARY LICENSES
The Texas Medical Board proposes an amendment to §172.8, concerning Faculty Temporary License.
The amendment to §172.8 changes the rule to correspond to statutory authority.
Robert D. Simpson, General Counsel, Texas Medical Board, has determined that for the first five-year period the section is in effect, there will be no fiscal implications to state or local government as a result of enforcing the section as proposed. There will be no effect to individuals required to comply with the rule as proposed.
Mr. Simpson also has determined that for each year of the first five years the section as proposed is in effect the public benefit anticipated as a result of enforcing the section will be to reflect the change in statutory authority that became effective August 9, 2008.
There will be no effect on small or micro businesses.
Comments on the proposal may be submitted to Sally Durocher, P.O. Box 2018, Austin, Texas 78768-2018. A public hearing will be held at a later date.
The amendment is proposed 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.
No other statutes, articles or codes are affected by the proposal.
§172.8.Faculty Temporary License.
(a) The board may issue a faculty temporary license to practice medicine to a physician in accordance with §155.104, Tex. Occ. Code. "Physician," as used in that statute and in this section, is interpreted to mean a person who holds an M.D., D.O., or equivalent degree and who is licensed to practice medicine in another state or Canadian province or has completed at least three years of postgraduate residency, but does not hold a license to practice medicine in this state.
(1) - (2) (No change.)
(3) "Institution," as used in this section, shall mean any of the following:
(A) (No change.)
(B) The University of Texas Health Center at Tyler; or
(C) The University of Texas M.D. Anderson Cancer Center. [; or
]
[(D) a program of graduate medical
education, accredited by the Accreditation Council for Graduate Medical
Education, that exceeds the requirements for eligibility for first
board certification in the discipline.]
(4) - (5) (No change.)
(b) - (i) (No change.)
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 December 29, 2008.
TRD-200806706
Mari Robinson, J.D.
Interim Executive Director
Texas Medical Board
Earliest possible date of adoption: February 8, 2009
For further information, please call: (512) 305-7016
The Texas Medical Board proposes amendments to §175.1, concerning Application Fees, and §175.3, concerning Penalties.
The amendment to §175.1 corrects fees charged for application for surgical assistant licenses and penalty fees for surgical assistants and physician assistants. The amendment to §175.3 corrects penalty fees in accordance with statutory requirements.
Robert D. Simpson, General Counsel, Texas Medical Board, has determined that for the first five-year period the sections are in effect there will be no fiscal implications to state or local government as a result of enforcing the sections as proposed. There will be no effect to individuals required to comply with the rules as proposed.
Mr. Simpson also has determined that for each year of the first five years the sections as proposed are in effect the public benefit anticipated as a result of enforcing the sections will be to correct the amount of fees charged for application for surgical assistant licenses and penalty fees for surgical assistants and physician assistants.
There will be no effect on small or micro businesses.
Comments on the proposal may be submitted to Sally Durocher, P.O. Box 2018, Austin, Texas 78768-2018. A public hearing will be held at a later date.
The amendments are proposed 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.
No other statutes, articles or codes are affected by the proposal.
§175.1.Application Fees.
The board shall charge the following fees for processing an application for a license or permit:
(1) - (5) (No change.)
(6) Surgical Assistants:
>(A) Surgical assistant licensure--$300 [ (includes
surcharge of $5)--$305].
(B) (No change.)
§175.3.Penalties.
In addition to any other application, registration, or renewal fees, the board shall charge the following late fee penalties:
(1) (No change.)
(2) Physician Assistants:
(A) Physician assistant's registration permit expired
for 90 days or less--half the registration fee [$78].
(B) Physician assistant's registration permit expired
for longer than 90 days but less than one year--
full registration fee [$156].
(3) Acupuncturists/Acudetox Specialists:
(A) Acupuncturist's registration permit expired for
90 days or less--half the registration fee [$128].
(B) Acupuncturist's registration permit expired for
longer than 90 days but less than one year--full registration fee
[$256].
(C) Renewal of acudetox specialist certification expired for less than one year--$25.
(4) - (5) (No change.)
(6) Surgical Assistants:
(A) Surgical Assistant's registration permit expired
for 90 days or less--half the registration fee [$201].
(B) Surgical Assistant - registration permit expired
for longer than 90 days but less than one year--full registration
fee [$402].
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 December 29, 2008.
TRD-200806707
Mari Robinson, J.D.
Interim Executive Director
Texas Medical Board
Earliest possible date of adoption: February 8, 2009
For further information, please call: (512) 305-7016
The Texas Medical Board proposes amendments to §189.1, concerning Purpose and Scope, §189.2, concerning Definitions, and §189.4, concerning Limitations on Physician Probationer's Practice.
Elsewhere in this issue of the Texas Register, the Texas Medical Board contemporaneously proposes the rule review of Chapter 189.
The amendment to §189.1 adds a citation to statutory authority authorizing the Board to promulgate rules relating to the development of a program to monitor compliance of license holders who are subject to disciplinary action. The amendment to §189.2 updates the names of the Texas Medical Board and the Texas Physician Assistant Board and adds chart monitoring to the definition of a monitoring physician. The amendment to §189.4 adds a provision recognizing Board Rule §185.2(19), which provides that a physician with a restricted license may not supervise or delegate prescriptive authority to a physician assistant.
Robert D. Simpson, General Counsel, Texas Medical Board, has determined that for the first five-year period the sections are in effect there will be no fiscal implications to state or local government as a result of enforcing the sections as proposed. There will be no effect to individuals required to comply with the rules as proposed.
Mr. Simpson also has determined that for each year of the first five years the sections as proposed are in effect the public benefit anticipated as a result of enforcing the sections will be to clarify the authority of the board to adopt rules relating to the development of a program to monitor compliance of license holders who are subject to disciplinary action.
There will be no effect on small or micro businesses.
Comments on the proposal may be submitted to Sally Durocher, P.O. Box 2018, Austin, Texas 78768-2018. A public hearing will be held at a later date.
The amendments are proposed 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.
No other statutes, articles or codes are affected by the proposal.
§189.1.Purpose and Scope.
(a) - (b) (No change.)
(c) Authority. Pursuant to §164.010 of the Act, the Board is authorized to promulgate rules relating to the development of a program to monitor compliance of license holders who are subject to disciplinary action.
§189.2.Definitions.
(a) Act--Title 3, Subtitle B, Chapters [Chapter
] 151 - 165, Tex. Occ. Code Ann. for physicians;
Title 3, Subtitle C, Chapter[.] 204, Tex. Occ.
Code Ann. for physician assistants; Title 3 Subtitle C, Chapter 206,
Tex. Occ. Code Ann. for surgical assistants; and Title
3, Subtitle C, Chapter 205, Tex. Occ. Code Ann. for acupuncturists.
(b) (No change.)
(c) Agency--The divisions, departments, and employees
of the Texas Medical Board [State Board of Medical
Examiners], the Texas Physician Assistant [
State] Board [of Physician Assistant Examiners
], and the Texas State Board of Acupuncture Examiners.
(d) - (f) (No change.)
(g) Board--The [the] appointed
members of the Medical Board [of Medical Examiners]
for physicians and surgical assistants, the Physician Assistant Board
[of Physician Assistants] for physicians assistants, and
the Board of Acupuncture for acupuncturists.
(h) Board representative--A [a]
board member or district review committee member who sits on a panel
at a proceeding to determine compliance with an order.
(i) - (m) (No change.)
(n) Modification/termination hearing--A [a
] hearing before board representatives conducted upon the written
request of a probationer for the modification of one or more terms
and conditions of an order, the termination of an order prior to the
prescribed termination of an order, or the reinstatement of a license
following a suspension.
(o) Monitoring physician--A licensed Texas physician who meets the requirements as set out in §189.11 of this title (relating to Process for Approval of Physicians, Other Professionals, Group Practices and Institutional Settings) and who reviews a probationer's medical/billing records and/or conducts onsite reviews of a probationer's practice site on a periodic basis for the purpose of monitoring and educating a probationer, and periodically reports in writing to the board on the probationer's medical practice and practice of medicine as stipulated by an order.
(p) - (r) (No change.)
(s) Proctor--A licensed Texas physician who meets the
requirements as set out in §189.11 of this title [(relating
to Process for Approval of Physicians, Other Professionals, Group
Practices and Institutional Settings)] and who physically and
actually works with and oversees a probationer's practice of medicine
on a daily basis and periodically reports in writing to the board
on the probationer's medical practice and practice of medicine as
stipulated by an order.
(t) SOAH--The State Office of Administrative Hearings.
(u) Supervising physician--A licensed Texas physician
who meets the requirements as set out in §189.11 of this title [
(relating to Process for Approval of Physicians, Other Professionals,
Group Practices and Institutional Settings)] and who is physically
present at a probationer's practice on a daily basis in order to evaluate,
educate, and provide guidance regarding the probationer's practice
of medicine; and periodically reports in writing to the board on probationer's
medical practice and practice of medicine as stipulated by an order.
§189.4.Limitations on Physician Probationer's Practice.
(a) - (c) (No change.)
(d) Notwithstanding subsections (a) and (b) of this section, a probationer with a restriction on his or her license and therefore does not have an unrestricted license as defined by §185.2(19) of this title (relating to Definitions) may not supervise or delegate prescriptive authority to a physician assistant.
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 December 29, 2008.
TRD-200806708
Mari Robinson, J.D.
Interim Executive Director
Texas Medical Board
Earliest possible date of adoption: February 8, 2009
For further information, please call: (512) 305-7016