TITLE examining-boards

Part IX. Texas State Board of Medical Examiners

Chapter 162. Supervision of Medical School Students

22 TAC §162.3

The Texas State Board of Medical Examiners adopts an amendment to §162.3, concerning registration for the supervision of medical students without changes to the proposed text as published in the March 5, 1999, issue of the Texas Register (24 TexReg 1523) and will not be republished.

The amendment is adopted to ensure that the medical school has a certificate of authority from the Texas Higher Education Coordinating Board. The adopted review of Chapter 162 is contemporaneously published elsewhere in this issue of the Texas Register . The review is in accordance with the Appropriations Act of 1997, House Bill 1, Article IX, §167.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Medical Practice Act, Texas Civil Statutes, Article 4495b, §2.09(a), which provides 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.

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 April 19, 1999.

TRD-9902257

Bruce A. Levy, M.D., J.D.

Executive Director

Texas State Board of Medical Examiners

Effective date: May 9, 1999

Proposal publication date: March 5, 1999

For further information, please call: (512) 305-7016


Chapter 163. Licensure

22 TAC §163.10

The Texas State Board of Medical Examiners adopts an amendment to §163.10, concerning Distinguished Professors Temporary License without changes to the proposed text as published in the March 5, 1999, issue of the Texas Register (24 TexReg 1523) and will not be republished.

The amendment is adopted to specify who may request a temporary license for distinguished professors. The amendment also corrects the names of two medical schools in subsection (a)(4).

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Medical Practice Act, Texas Civil Statutes, Article 4495b, §2.09(a), which provides 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.

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 April 19, 1999.

TRD-9902258

Bruce A. Levy, M.D., J.D.

Executive Director

Texas State Board of Medical Examiners

Effective date: May 9, 1999

Proposal publication date: March 5, 1999

For further information, please call: (512) 305-7016


Chapter 166. Physician Registration

22 TAC §166.2, §166.4

The Texas State Board of Medical Examiners adopts amendments to §166.2 and §166.4, concerning Continuing Medical Education and Renewal of Expired License without changes to the proposed text as published in the March 5, 1999, issue of the Texas Register (24 TexReg 1524) and will not be republished.

The amendments are adopted to clarify existing requirements. The adopted review of Chapter 166 is contemporaneously published elsewhere in this issue of the Texas Register . The review is in accordance with the Appropriations Act of 1997, House Bill 1, Article IX, §167.

No comments were received regarding adoption of the amendments.

The amendments are adopted under the Medical Practice Act, Texas Civil Statutes, Article 4495b, §2.09(a), which provides 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.

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 April 19, 1999.

TRD-9902259

Bruce A. Levy, M.D., J.D.

Executive Director

Texas State Board of Medical Examiners

Effective date: May 9, 1999

Proposal publication date: March 5, 1999

For further information, please call: (512) 305-7016


Chapter 171. Institutional Permits

The Texas State Board of Medical Examiners adopts the repeal of §§171.1-171.9 and new §§171.1-171.6, concerning Institutional Permits without changes to the proposed text as published in the March 5, 1999, issue of the Texas Register (24 TexReg 1525) and will not be republished.

The repeals and new rules are necessary to improve the regulation of postgraduate medical training in the State of Texas.

The Board received a comment from Paul C. Mohl, M.D., Professor and Residency Training Director, University of Texas Southwestern Medical Center. Dr. Mohl expressed concern that §171.1(e)(2) requiring the director of each approved postgraduate training program to report if a permit holder has been absent from the program for more than 30 days is too burdensome on the training program directors. Dr. Mohl asserted that residents routinely take approved leaves of absence for pregnancy, illness and other harmless reasons.

The following are the reasons why the Board disagrees with the submissions and proposals set forth above: The provisions of §171.1(e) were drafted by the Board in an effort to create rules that were specifically not onerous to program directors but at the same time facilitated good communication between the programs and the Board. It should be noted that permits must now be proactively renewed before their expiration date. As such, the Board needs to be notified when a permit holder will be absent for an extended period of time in order to grant a renewal of the permit before it expires. Additionally, if the permit holder requires additional time beyond the initially allocated permit dates, a Temporary Permit might need to be issued. Receiving notice of a permit holder's absence ahead of time will facilitate the Board's timely issuance of permits.

The following is a restatement of the rule's factual basis: The repeal and the new sections are necessary to improve the regulation of postgraduate medical training in the State of Texas and it was felt that extensive rewrite of the sections was necessary to accomplish this.

22 TAC §§171.1-171.9

The repeals are adopted under the Medical Practice Act, Texas Civil Statutes, Article 4495b, §2.09(a), which provides 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.

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 April 19, 1999.

TRD-9902260

Bruce A. Levy, M.D., J.D.

Executive Director

Texas State Board of Medical Examiners

Effective date: May 9, 1999

Proposal publication date: March 5, 1999

For further information, please call: (512) 305-7016


22 TAC §§171.1-171.6

The new sections are adopted under the Medical Practice Act, Texas Civil Statutes, Article 4495b, §2.09(a), which provides 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.

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 April 19, 1999.

TRD-9902261

Bruce A. Levy, M.D., J.D.

Executive Director

Texas State Board of Medical Examiners

Effective date: May 9, 1999

Proposal publication date: March 5, 1999

For further information, please call: (512) 305-7016


Chapter 185. Physician Assistants

22 TAC §185.2, §185.14

The Texas State Board of Medical Examiners adopts amendments to §185.2 and §185.14, concerning Definitions and Notification of Intent to Practice and Supervise without changes to the proposed text as published in the March 5, 1999, issue of the Texas Register (24 TexReg 1532) and will not be republished.

The definitions in §185.2 were numbered to comply with Texas Register requirements. Also, the amendments clarify the term "submit" as it relates to documentation required for approval for a physician assistant to practice and for a physician to supervise a physician assistant. In addition, the combining of two separate applications into one form will be more efficient.

No comments were received regarding adoption of the amendments.

The amendments are adopted under the Medical Practice Act, Texas Civil Statutes, Article 4495b, §2.09(a), which provides 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.

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 April 19, 1999.

TRD-9902263

Bruce A. Levy, M.D., J.D.

Executive Director

Texas State Board of Medical Examiners

Effective date: May 9, 1999

Proposal publication date: March 5, 1999

For further information, please call: (512) 305-7016


Chapter 193. Standing Delegation Orders

22 TAC §193.2

The Texas State Board of Medical Examiners adopts an amendment to §193.2, concerning Definitions without changes to the proposed text as published in the March 5, 1999, issue of the Texas Register (24 TexReg 1533) and will not be republished.

The definitions are numbered to comply with Texas Register requirements. Also, the amendment clarifies the term "submit" as it relates to documentation required for approval for a physician to delegate prescriptive authority to a physician assistant or advanced practice nurse.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Medical Practice Act, Texas Civil Statutes, Article 4495b, §2.09(a), which provides 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.

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 April 19, 1999.

TRD-9902262

Bruce A. Levy, M.D., J.D.

Executive Director

Texas State Board of Medical Examiners

Effective date: May 9, 1999

Proposal publication date: March 5, 1999

For further information, please call: (512) 305-7016


Part XXIII. Texas Real Estate Commission

Chapter 541. Rules Relating to the Provisions of Texas Civil Statutes, Article 6252–13c

22 TAC §541.1

The Texas Real Estate Commission (TREC) adopts an amendment to §541.1, concerning criminal offense guidelines, without changes to the proposed text as published in the March 12, 1999, issue of the Texas Register (24 TexReg 1733).

The amendment adds registered easement or right-of-way agents to the list of licensees subject to the section. The section enumerates the kinds of criminal offenses which may result in the disapproval of an application for a license or disciplinary action against a licensee under the authority of Texas Civil Statutes, Article 6252-13c. Adoption of the amendment was necessary to clarify that the section applies to persons licensed or registered by the commission or seeking a license or registration.

No comments were received on the proposal.

The amendment is adopted under Texas Civil Statutes, Article 6573a, §5(h), which authorize the Texas Real Estate Commission to make and enforce all rules and regulations necessary for the performance of its duties.

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 April 14, 1999.

TRD-9902193

Mark A. Moseley

General Counsel

Texas Real Estate Commission

Effective date: May 4, 1999

Proposal publication date: March 12, 1999

For further information, please call: (512) 465-3900


Part XXIX. Texas Board of Professional Land Surveying

Chapter 663. Standards of Responsibility and Rules of Conduct

Subchapter B. Professional and Technical Standards

22 TAC §663.13, §663.23

The Texas Board of Professional Land Surveying adopts an amendment to §663.13 and new §663.23, concerning Introduction, Descriptions Prepared for Political Subdivisions and Certifying Services, without changes to the proposed text as published in the March 19, 1999, issue of the Texas Register (24 TexReg 1899) and will not be republished.

Section 663.13 is adopted to provide the public with a better, more informative, surveying product.

Section 663.23 is adopted to establish a regulation that will allow professional land surveyors to sign and seal documents, which are not within the definition of professional land surveying.

One comment was received in support of §663.13. The following were received regarding §663.23: three commenters thought the rule was unnecessary; one commenter requested clarification; one commenter had concerns regarding the use of record information and one commenter was in favor of the rule. The board feels that the rule is necessary and record information used for this type of survey should pose no harm to the public.

The amendment and new section are adopted under Texas Civil Statutes, Article 5282c, §9, which provides the Texas Board of Professional Land Surveying with the authority to make and enforce all reasonable and necessary rules, regulations and bylaws not inconsistent with the Texas Constitution, the laws of this state, and this Act.

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 April 19, 1999.

TRD-9902247

Sandy Smith

Executive Director

Texas Board of Professional Land Surveying

Effective date: May 9, 1999

Proposal publication date: March 19, 1999

For further information, please call: (512) 452-9427