Part 9.
TEXAS STATE BOARD OF MEDICAL EXAMINERS
Chapter 163.
LICENSURE
22 TAC §163.4
The Texas State Board of Medical Examiners adopts an amendment
to §163.4, concerning licensure, without changes to the proposed text
as published in the February 25, 2000, issue of the
Texas Register
(25 TexReg 1496).
The section amends language relating to procedural rules regarding licensure
examinations.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the authority of the Occupations
Code, §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 May 1, 2000.
TRD-200003041
Bruce A. Levy, M.D., J.D.
Executive Director
Texas State Board of Medical Examiners
Effective date: May 21, 2000
Proposal publication date: February 25, 2000
For further information, please call: (512) 305-7016
The Texas State Board of Medical Examiners adopts the repeal to §164.1
and new §§164.1-164.3, and 164.5, concerning physician advertising,
without changes to the proposed text as published in the February 25, 2000,
issue of the
Texas Register
(25 TexReg 1497).
Section 164.4 is not being adopted at this time do to rewriting the language
proposed in that section. The repeal and new sections are necessary to provide
clarity and definition to the terms false and deceptive advertising. The title
to this chapter is also being amended from Advertising to Physician Advertising.
There was one comment made on §164.2, regarding testimonials. The
board clarified the question for the commenter.
22 TAC §164.1
The repeal 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 May 1, 2000.
TRD-200003042
Bruce A. Levy, M.D., J.D.
Executive Director
Texas State Board of Medical Examiners
Effective date: May 21, 2000
Proposal publication date: February 25, 2000
For further information, please call: (512) 305-7016
22 TAC §§164.1 - 164.3, 164.5
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 May 1, 2000.
TRD-200003050
Bruce A. Levy, M.D., J.D.
Executive Director
Texas State Board of Medical Examiners
Effective date: May 21, 2000
Proposal publication date: February 25, 2000
For further information, please call: (512) 305-7016
22 TAC §165.2, §165.4
The Texas State Board of Medical Examiners adopts an amendment
to §165.2 and new §165.4, concerning medical records, without changes
to the proposed text as published in the February 25, 2000, issue of the
The amendment clarifies charges for affidavits that may accompany copies
of medical records certifying that the copy is a true and correct copy of
the original. New §165.4 includes statutory changes regarding the time
limit for release of copies of records and the procedure for appointing a
custodian of medical records.
No comments were received regarding adoption of the sections.
The amendment and new section are adopted under the authority
of the Occupations Code, §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 May 1, 2000.
TRD-200003044
Bruce A. Levy, M.D., J.D.
Executive Director
Texas State Board of Medical Examiners
Effective date: May 21, 2000
Proposal publication date: February 25, 2000
For further information, please call: (512) 305-7016
22 TAC §166.2
The Texas State Board of Medical Examiners adopts an amendment
to §166.2, concerning physician registration, without changes to the
proposed text as published in the February 25, 2000, issue of the
Texas Register
(25 TexReg 1500).
The amendment streamlines the process for gathering information to determine
a physician's compliance with continuing medical education requirements.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the authority of the Occupations
Code, §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 May 1, 2000.
TRD-200003045
Bruce A. Levy, M.D., J.D.
Executive Director
Texas State Board of Medical Examiners
Effective date: May 21, 2000
Proposal publication date: February 25, 2000
For further information, please call: (512) 305-7016
22 TAC §§167.4 - 167.6
The Texas State Board of Medical Examiners adopts new §§167.4,
167.5 and 167.6, concerning Best Interests of Physician, Best Interests of
the Public and Collateral Attack Prohibited, without changes to the proposed
text as published in the February 25, 2000, issue of the
Texas Register
(25 TexReg 1502).
The new sections outline the criteria to be considered when making a determination
of what is in the best interest of the physician and the public.
There were two comments in opposition to the rules. The commenters stated
that they did not feel it was fair to require a physician requesting reinstatement
of licensure to meet the same requirements as a physician applying for initial
licensure. The comments were received from an individual physician and his
attorney. The Board considered these comments, but felt it was in the best
interest of the public to adopt the rules as proposed.
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 May 1, 2000.
TRD-200003046
Bruce A. Levy, M.D., J.D.
Executive Director
Texas State Board of Medical Examiners
Effective date: May 21, 2000
Proposal publication date: February 25, 2000
For further information, please call: (512) 305-7016
22 TAC §171.7
The Texas State Board of Medical Examiners adopts new §171.7,
concerning institutional permits, with changes due to a typographical error
in the Arabic numbering to the proposed text as published in the February
25, 2000, issue of the
Texas Register
(25
TexReg 1503).
The new section outlines terms and conditions for a post graduate research
permit.
No comments were received regarding adoption of the new section.
The new section 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.
§171.7.Post Graduate Research Permit.
The board may issue a permit to practice medicine to a medical school
graduate, who holds a research appointment at a Texas medical school, in a
program approved by the board, under the following terms and conditions listed
in paragraphs (1)-(6) of this section.
(1)
The research must be in clinical medicine and/or the basic
sciences of medicine.
(2)
The research must be conducted in the Texas medical
school or its affiliated institutions.
(3)
The research appointment must be approved by the Dean
of Medicine or by the President of the Health Science Center.
(4)
The research appointment must be supervised by a faculty
member of the Texas medical school who has an active unrestricted Texas medical
license.
(5)
The research appointment must be of good professional
character as elaborated in the Medical Practice Act.
(6)
The Post Graduate Research Permit may be issued for
a maximum of one year and is not renewable.
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 May 1, 2000.
TRD-200003047
Bruce A. Levy, M.D., J.D.
Executive Director
Texas State Board of Medical Examiners
Effective date: May 21, 2000
Proposal publication date: February 25, 2000
For further information, please call: (512) 305-7016
22 TAC §174.3
The Texas State Board of Medical Examiners adopts an amendment
to §174.3, concerning telemedicine, without changes to the proposed text
as published in the February 25, 2000, issue of the
Texas Register
(25 TexReg 1503).
The amendment allows the board to consider licensing a physician whose
license from another state has been cancelled, suspended, or restricted for
reasons other than disciplinary.
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 May 1, 2000.
TRD-200003048
Bruce A. Levy, M.D., J.D.
Executive Director
Texas State Board of Medical Examiners
Effective date: May 21, 2000
Proposal publication date: February 25, 2000
For further information, please call: (512) 305-7016
22 TAC §§192.1 - 192.6
The Texas State Board of Medical Examiners adopts new Chapter
192, §§192.1-192.6, concerning responsibilities of physicians providing,
or overseeing by proper delegation, anesthesia services in outpatient settings
and to provide the minimum acceptable standards for the provision of anesthesia
services in outpatient settings, as mandated by Senate Bill 1340, 76th Legislature,
without changes to the proposed text as published in the February 25, 2000,
issue of the
Texas Register
(25 TexReg 1504).
These rules protect the public by assuring that physicians adhere to acceptable
standards in the provision of anesthesia services in office-based settings.
There were several comments in support of the chapter. One comment was
made by a physician in support of the chapter, but he also asked for a technical
change regarding a particular procedure. The Board will take his comment into
consideration and review it for a possible future amendment.
The new sections are adopted under the authority of the Occupations
Code, §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 May 1, 2000.
TRD-200003049
Bruce A. Levy, M.D., J.D.
Executive Director
Texas State Board of Medical Examiners
Effective date: May 21, 2000
Proposal publication date: February 25, 2000
For further information, please call: (512) 305-7016
Chapter 321.
DEFINITIONS
22 TAC §321.1
The Texas Board of Physical Therapy Examiners adopts amendments
to §321.1, Definitions, with changes to the proposed text as published
in the February 25, 2000, issue of the
Texas Register
(25 TexReg 1507). Changes were grammatical only.
These amendments are being adopted to clarify terms used in the Board's
rules.
These amendments formally define the terms "jurisprudence exam" and "board-approved
organization or entity."
No comments were received regarding these amendments.
The rule is adopted under the Physical Therapy Practice Act,
Title 3, Subtitle H, Occupations Code, which provides the Texas Board of Physical
Therapy Examiners with the authority to adopt rules consistent with this Act
to carry out its duties in administering this Act.
§321.1.Definitions.
The following words, terms, and phrases, when used in the rules of
the Texas Board of Physical Therapy Examiners, shall have the following meanings,
unless the context clearly indicates otherwise.
(1)
Accredited curriculum in physical therapy education - A
body of courses in a physical therapy program at a school, college, or university
which has satisfied the accreditation standards of the Commission on Accreditation
for Physical Therapy Education.
(2)
Accredited physical therapist assistant program -
A body of courses at a school, college, or university which has satisfied
the accreditation standards of the Commission on Accreditation for Physical
Therapy Education.
(3)
Asymptomatic - Without any significant perceptible
change in the body or its functions that indicates disease.
(4)
Board-approved organization or entity - an organization
or entity to which the board has formally delegated a role in the licensure,
regulation or enforcement functions of the Physical Therapy Practice Act and
board rules.
(5)
Emergency circumstances - Instances where emergency
medical care is called for, including first aid.
(6)
Emergency medical care - Bona fide emergency services
provided after the sudden onset of a medical condition manifesting itself
by acute symptoms of sufficient severity, including severe pain, such that
the absence of immediate medical attention could reasonably be expected to
result in placing the patient's health in serious jeopardy, serious impairment
to bodily functions, or serious dysfunction of any bodily organ or part.
(7)
Evidence satisfactory to the board - Should all official
school records be destroyed, sworn affidavits satisfactory to the board must
be received from three persons having personal knowledge of the applicant's
physical therapy education. These affidavits will not be used when official
school records are available.
(8)
Foreign-trained applicant - Any applicant whose education
is from a country outside the United States, the District of Columbia, or
Territories of the United States.
(9)
Hearing - An adjudicative proceeding concerning the
issuance, denial, suspension, reprimand, revocation of license, after which
the legal rights of an applicant or licensee are to be determined by the board.
(10)
Jurisprudence exam - An open-book examination made
up of multiple-choice and/or true/false questions covering information contained
in the Texas Physical Therapy Practice Act and Board rules.
(11)
On-site supervision - The physical therapist or physical
therapist assistant is on the premises and readily available to respond.
(12)
Physical therapy - The evaluation, examination, and
utilization of exercises, rehabilitative procedures, massage, manipulations,
and physical agents including, but not limited to, mechanical devices, heat,
cold, air, light, water, electricity, and sound in the aid of diagnosis or
treatment. Physical therapists may perform evaluations without referrals.
Physical therapy practice includes the use of modalities, procedures, and
tests to make evaluations. Physical therapy practice includes, but is not
limited to the use of: Electromyographic (EMG) Tests, Nerve Conduction Velocity
(NCV) Tests, Thermography, Transcutaneous Electrical Nerve Stimulation (TENS),
bed traction, application of topical medication to open wounds, sharp debridement,
provision of soft goods, inhibitive casting and splinting, Phonophoresis,
Iontophoresis, and biofeedback services.
(13)
Supervision - The delegation and continuing direction
by a person or persons responsible for the practice of physical therapist,
physical therapist assistant, or physical therapy aide as specified in the
Physical Therapy Practice 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 24, 2000.
TRD-200002931
John P. Maline
Executive Director
Texas Board of Physical Therapy Examiners
Effective date: May 14, 2000
Proposal publication date: February 25, 2000
For further information, please call: (512) 305-6900
22 TAC §322.3
The Texas Board of Physical Therapy Examiners adopts amendments
to §322.3, Supervision without changes to the proposed text as published
in the February 25, 2000, issue of the
Texas Register
(25 TexReg 1508).
This amendment is being adopted to clarify that it is the professional
responsibility of the licensee to determine how many people he or she can
supervise safely.
No comments were received regarding amendment of this section.
The rule is adopted under the Physical Therapy Practice Act,
Title 3, Subtitle H, Occupations Code, which provides the Texas Board of Physical
Therapy Examiners with the authority to adopt rules consistent with this Act
to carry out its duties in administering 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 24, 2000.
TRD-200002932
John P. Maline
Executive Director
Texas Board of Physical Therapy Examiners
Effective date: May 14, 2000
Proposal publication date: February 25, 2000
For further information, please call: (512) 305-6900
Chapter 463.
APPLICATIONS AND EXAMINATIONS
22 TAC §463.9
The Texas State Board of Examiners of Psychologists adopts
an amendment to §463.9, concerning Licensed Specialist in School Psychology,
without changes to the proposed text as published in the March 10, 2000, issue
of the
Texas Register
(25 TexReg 1935).
The rule is being amended in order to reflect the time parameters and formal
requirements necessary for completing an internship for licensure as a specialist
in school psychology and to reflect the correct citation reference in accordance
with the recodification of the Psychologists' Licensing Act in the Occupations
Code.
The amended rule will make the rules easier for licensees and the general
public to follow and understand.
No comments were received regarding adoption of the amendments.
The amendments are adopted under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provide the Texas State Board of Examiners
of Psychologists with the authority to promulgate rules consistent with the
Statute.
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 26, 2000.
TRD-200002957
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: May 16, 2000
Proposal publication date: March 10, 2000
For further information, please call: (512) 305-7700
22 TAC §469.8
The Texas State Board of Examiners of Psychologists adopts
new §469.8, concerning Rehabilitation Guidelines, without changes to
the proposed text as published in the March 10, 2000, issue of the
Texas Register
(25 TexReg 1936).
The rule is being amended to reorganize and clarify the rules of the Board.
The new rule will make the rules easier for licensees and the general public
to follow and understand.
No comments were received regarding adoption of the new rule.
The new rule is adopted under Texas Occupations Code, Title 3,
Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to promulgate rules consistent with the
Statute.
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 26, 2000.
TRD-200002958
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: May 16, 2000
Proposal publication date: March 10, 2000
For further information, please call: (512) 305-7700
Chapter 164.
ADVERTISING
Chapter 164.
PHYSICIAN ADVERTISING
Chapter 165.
MEDICAL RECORDS
Chapter 166.
PHYSICIAN REGISTRATION
Chapter 167.
REINSTATEMENT
Chapter 171.
INSTITUTIONAL PERMITS
Chapter 174.
TELEMEDICINE
Chapter 192.
OFFICE-BASED ANESTHESIA
Part 16.
TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS
Chapter 322.
PRACTICE
Part 21.
TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS
Chapter 469.
COMPLAINTS AND ENFORCEMENT
Chapter 470.
ADMINISTRATIVE PROCEDURES