EMERGENCY 
 RULES 
 
 An agency may adopt a new or amended section or repeal an existing section on 
an emergency basis if it determines that such action is necessary for the public 
health, safety, or welfare of this state. The section may become effective 
immediately upon filing with the  Texas Register, or on a stated date less than 
20 days after filing and remaining in effect no more than 120 days. The 
emergency action is renewable once for no more than 60 additional days. 
  Symbology in amended emergency sections. New language added to an existing 
section is indicated by the use of  bold text. [Brackets] indicate deletion of 
existing material within a section. 
 
   
  TITLE 22. EXAMINING BOARDS 
 Part IX. Texas State Board of Medical Examiners 
  Chapter 166. Physician Registration 
  
  22 TAC sec.166.6 
 
  The Texas State Board of Medical Examiners adopts on an emergency basis new 
sec.166.6, concerning retired physicians providing voluntary charity care. The 
new section will provide a mechanism for implementing the exemption from the 
annual registration fee for these physicians under certain conditions. 
 The new section is adopted on an emergency basis under the Medical Practice 
Act, Texas Civil Statutes, Article 4495b,  s2.09(a), which provide 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. In 
addition, this emergency rule is authorized by the Administrative Procedure Act, 
Texas Government Code, sec.2001.034. 
 Reason for emergency-House Bill 3116, 74th Legislature, set the effective date 
of May 27, 1995, for implementation of these provisions. 
 Article 4495b, sec.3.01(g) is affected by this new section. 
 
 
  sec.166.6. Exemption From Annual Registration Fee for Retired Physician 
Providing Voluntary Charity Care. 
 
  (a) A retired physician licensed by the board whose only practice is the 
provision of voluntary charity care shall be exempt from the annual registration 
fee. To qualify for and obtain such an exemption, a physician must truthfully 
certify under oath, on a form approved by the board, and received by the board 
at least 30 days prior to the expiration date of the license, that the following 
information is correct: 
 
  (1) the physician's practice of medicine does not include the provision of 
medical services for either direct or indirect compensation which has monetary 
value of any kind; 
   
  (2) the physician's practice of medicine is limited to voluntary charity care 
for which the physician receives no direct or indirect compensation of any kind 
for medical services rendered; 
   
  (3) the physician's practice of medicine does not include the provision of 
medical services to members of the physician's family; and 
   
  (4) the physician's practice of medicine does not include the self-prescribing 
of controlled substances or dangerous drugs. 
     
  (b) A physician who qualifies for and obtains an exemption from the annual 
registration fee authorized under this section shall obtain and report 
continuing medical education as required under the Medical Practice Act, Article 
4495b, sec.3.025 and sec.166.2 of this title (relating to Continuing Medical 
Education). 
   
  (c) A physician who qualifies for and obtains an exemption from the annual 
registration fee authorized under this section shall file an application for 
registration with the board on an annual basis as required under the Medical 
Practice Act, Article 4495b, sec.3.01. 
   
  (d) A retired physician who has obtained an exemption from the annual 
registration fee as provided for under this section, may be subject to 
disciplinary action under the Medical Practice Act, Article 4495b, sec.3.08(4), 
based on unprofessional or dishonorable conduct likely to deceive, defraud, or 
injure the public if the physician engages in the compensated practice of 
medicine, the provision of medical services to members of the physician's 
family, or the self-prescribing of controlled substances or dangerous drugs. 
   
  (e) A physician who attempts to obtain an exemption from the annual 
registration fee under this section by submitting false or misleading statements 
to the board shall be subject to disciplinary action pursuant to the Medical 
Practice Act, Article 4495b, sec.3.08(4), in addition to any civil or criminal 
actions provided for by state or federal law. 
 
  Issued in Austin, Texas, on July 12, 1995. 
 TRD-9508651 
  Bruce A. Levy, M.D., J.D. 
 Executive Director 
 Texas State Board of Medical Examiners 
    Effective date: July 12, 1995 
 Expiration date: November 9, 1995 
 For further information, please call: (512) 834-7728