Part 3.
TEXAS BOARD OF CHIROPRACTIC EXAMINERS
Chapter 74.
CHIROPRACTIC FACILITIES
22 TAC §74.3
The Texas Board of Chiropractic Examiners proposes to amend §74.3(e)
relating to annual renewal for a chiropractic facility. The proposal deletes
the prohibition in subsection (e), placed on chiropractors, on practicing
in a chiropractic facility whose license is expired. This proposed change
is to conform this subsection to the same change being proposed in another
rulemaking on §74.5(a). Rule 75.11(b) is also proposed for revision to
conform that rule to §74.5(a), as proposed for amendment. As a consequence
of the changes to these rules, the requirement to obtain and maintain a facility
license shall fall on the owner of a facility.
Sandra Smith, Executive Director, has determined that for the first five-year
period the section as amended is in effect, there will be no fiscal implications
for state or local government as a result of enforcing or administering the
section as amended.
Ms. Smith has also determined that for each year of the first five years,
the section as amended is in effect, the public benefit anticipated as a result
of enforcing and administering the proposed amendment, will be continued enforcement
of TBCE rules against facilities that are not licensed or that have allowed
their licenses to lapse. For the same period, there is no anticipated adverse
economic effect on small or micro businesses, or anticipated economic cost
to persons who are required to comply with the amendment as proposed.
Written comments may be submitted, no later than 30 days from the date
of this publication, to Misty Whitcomb, Rules Committee, Texas Board of Chiropractic
Examiners, 333 Guadalupe, Tower III, Suite 825, Austin, TX 78701.
The amendment is proposed under the Occupations Code §201.152,
which the board interprets as authorizing it to adopt rules necessary for
the performance of its duties, the regulation of the practice of chiropractic,
and the enforcement of the Chiropractic Act, and §201.312, which the
board interprets as authorizing it to adopt rules providing for a facility
licensing and regulatory program.
The following are the statutes, articles, or codes affected by the amendments:
§74.3(e)--Occupations Code, §§201.152, 201.312
§74.3.Annual Renewal.
(a)-(d)
(No change.)
(e)
A facility shall not provide chiropractic services without
a current license[
(f)-(h)
(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 April 14, 2003.
TRD-200302386
Sandra Smith
Executive Director
Texas Board of Chiropractic Examiners
Earliest possible date of adoption: May 25, 2003
For further information, please call: (512) 305-6709
22 TAC §74.5
The Texas Board of Chiropractic Examiners proposes to amend §74.5(a)
relating to rules of conduct. The proposal deletes subsection (a) which prohibits
chiropractors from practicing in a chiropractic facility whose license is
expired. The prohibition on chiropractors in subsection (a) is being proposed
for deletion, with the consequence that the requirement to obtain and maintain
a facility license shall fall on the owner of a facility. Revisions are also
proposed, in separate rulemakings filed simultaneously to this rulemaking,
to §§74.3(e) and 75.11(b) to conform those rules to the proposed
amendment to §74.5(a).
Sandra Smith, Executive Director, has determined that for the first five-year
period the section as amended is in effect, there will be no fiscal implications
for state or local government as a result of enforcing or administering the
section as amended.
Ms. Smith has also determined that for each year of the first five years,
the section as amended is in effect, the public benefit anticipated as a result
of enforcing and administering the proposed amendment, will be continued enforcement
of TBCE rules against facilities that are not licensed or that have allowed
their licenses to lapse. For the same period, there is no anticipated adverse
economic effect on small or micro businesses, or anticipated economic cost
to persons who are required to comply with the amendment as proposed.
Written comments may be submitted, no later than 30 days from the date
of this publication, to Misty Whitcomb, Rules Committee, Texas Board of Chiropractic
Examiners, 333 Guadalupe, Tower III, Suite 825, Austin, TX 78701.
The amendment is proposed under the Occupations Code §201.152,
which the board interprets as authorizing it to adopt rules necessary for
the performance of its duties, the regulation of the practice of chiropractic,
and the enforcement of the Chiropractic Act, and §201.312, which the
board interprets as authorizing it to adopt rules providing for a facility
licensing and regulatory program.
The following are the statutes, articles, or codes affected by the amendments:
§74.5(a)--Occupations Code, §§201.152, 201.312
§74.5.Rules of Conduct.
(a)
[
[
(b)
[
(c)
[
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 April 14, 2003.
TRD-200302387
Sandra Smith
Executive Director
Texas Board of Chiropractic Examiners
Earliest possible date of adoption: May 25, 2003
For further information, please call: (512) 305-6709
22 TAC §75.11
The Texas Board of Chiropractic Examiners proposes to amend §75.11(b)
relating to the maximum sanction table for violations subject to the enforcement
authority of the TBCE. The proposal deletes the reference in the sanctions
table to violations by a chiropractor of practicing in a chiropractic facility
whose license is expired or which did not have a facility license.
See
Category II violations. This proposed change is to conform the
sanction table references to the change in violations being proposed to §74.5(a),
relating to rules of conduct for facilities. Rule 74.3(e), relating to annual
renewal of facility licenses, is also proposed for amendment to conform that
rule to §74.5(a), as proposed for amendment. As a consequence of the
changes to these rules, the requirement to obtain and maintain a facility
license shall fall on the owner of a facility.
Sandra Smith, Executive Director, has determined that for the first five-year
period the section as amended is in effect, there will be no fiscal implications
for state or local government as a result of enforcing or administering the
section as amended.
Ms. Smith has also determined that for each year of the first five years,
the section as amended is in effect, the public benefit anticipated as a result
of enforcing and administering the proposed amendment, will be continued enforcement
of TBCE rules against facilities that are not licensed or that have allowed
their licenses to lapse. For the same period, there is no anticipated adverse
economic effect on small or micro businesses, or anticipated economic cost
to persons who are required to comply with the amendment as proposed.
Written comments may be submitted, no later than 30 days from the date
of this publication, to Misty Whitcomb, Rules Committee, Texas Board of Chiropractic
Examiners, 333 Guadalupe, Tower III, Suite 825, Austin, TX 78701.
The amendment is proposed under the Occupations Code §201.152,
which the board interprets as authorizing it to adopt rules necessary for
the performance of its duties, the regulation of the practice of chiropractic,
and the enforcement of the Chiropractic Act, and §201.312, which the
board interprets as authorizing it to adopt rules providing for a facility
licensing and regulatory program.
The following are the statutes, articles, or codes affected by the amendments:
§75.11(b)--Occupations Code, §§201.152, 201.312
§75.11.Schedule of Sanctions.
(a)
(No change.)
(b)
The following table contains maximum sanctions that may
be assessed for each category of violation listed in the table:
(c)-(e)
(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 April 14, 2003.
TRD-200302388
Sandra Smith
Executive Director
Texas Board of Chiropractic Examiners
Earliest possible date of adoption: May 25, 2003
For further information, please call: (512) 305-6709
Chapter 163.
LICENSURE
22 TAC §163.3
The Texas State Board of Medical Examiners proposes an amendment
to §163.3, concerning Licensure. The amendment concerns the definition
of a graduate of an acceptable unapproved foreign medical school.
Michele Shackelford, General Counsel, Texas State Board of Medical Examiners,
has determined that for the first five-year period the amendment is in effect
there will be no fiscal implications to state or local government as a result
of enforcing the rule as proposed.
Ms. Shackelford also has determined that for each year of the first five
years the amendment as proposed is in effect the public benefit anticipated
as a result of enforcing the section will be an updated definition. There
will be no effect on small or micro businesses.
Comments on the proposal may be submitted to Pat Wood, P.O. Box 2018, MC-901,
Austin, Texas 78768-2018. A public hearing will be held at a later date.
The amendment is proposed under the authority of the Occupations
Code Annotated, §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.
The following are affected by the proposed amendment: Texas Occupations
Code Annotated, §§155.003, 155.0031, 155.004, 155.005.
§163.3.Licensure for Graduates of Acceptable Unapproved Foreign Medical Schools.
An applicant, to be eligible for licensure must:
(1)
be 21 years of age;
(2)
be of good professional character;
(3)
have completed 60 semester hours of college courses other
than in medical school or have completed the entire primary, secondary, and
premedical education required in the country of medical school graduation,
if the medical school is located outside the United States or Canada;
(4)
be a graduate of an acceptable unapproved
foreign
medical school that is substantially equivalent to a Texas medical
school;
(5)
have successfully completed a three-year training program
of graduate medical training in the United States or Canada that was approved
by the board on the date the training was completed;
(6)
submit evidence of passing, an examination, acceptable
by the board for licensure;
(7)
pass the Texas Medical Jurisprudence Examination with a
score of 75 or better;
(8)
be eligible for licensure in country of graduation;
(9)
possess a valid certificate issued by the Educational Commission
for Foreign Medical Graduates (ECFMG);
(10)
have the ability to communicate in the English language;
and
(11)
have supplied all additional information that the board
may require concerning the Applicant's medical school.
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 April 14, 2003.
TRD-200302392
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Earliest possible date of adoption: May 25, 2003
For further information, please call: (512) 305-7016
22 TAC §175.1, §175.4
The Texas State Board of Medical Examiners proposes amendments
to §175.1 and §175.4, concerning Fees, Penalties and Applications.
The amendments concern the fee and application required for reissuance of
a physician assistant license.
Michele Shackelford, General Counsel, Texas State Board of Medical Examiners,
has determined that for the first five-year period the amendments are in effect
there will be fiscal implications to state or local government as a result
of enforcing the rules as proposed. There is a $200 fee for physicians applying
for reissuance of a license. The revenue increase to the state will be minimal,
estimated at $400 per year.
Ms. Shackelford also has determined that for each year of the first five
years the amendments as proposed are in effect the public benefit anticipated
as a result of enforcing the sections will be updated rules for the fee and
application required for reissuance of a physician assistant license. There
will be no effect on small or micro businesses.
Comments on the proposal may be submitted to Pat Wood, P.O. Box 2018, MC-901,
Austin, Texas 78768-2018. A public hearing will be held at a later date.
The amendments are proposed under the authority of the Occupations
Code Annotated, §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.
The following are affected by the proposed amendments: Texas Occupations
Code Annotated, §§204.101, 204.102, 204.103.
§175.1.Fees.
The board shall charge the following fees.
(1)
Physicians:
(A)
processing an application for licensure examination (includes
a $200 surcharge and one jurisprudence examination sitting) -$800;
(B)
Jurisprudence examination fees (required and payable each
time applicant is scheduled for a repeat of examination) - $50;
(C)
processing an application for a special purpose license
for practice of medicine across state lines (includes a $200 surcharge and
one jurisprudence examination sitting) - $800;
(D)
temporary license:
(i)
regular - $50;
(ii)
distinguished professor - $50;
(iii)
state health agency - $50;
(iv)
rural/underserved areas - $50;
(v)
continuing medical education - $55;
(E)
annual registration permit (includes a $200 surcharge)
- $334;
(F)
duplicate wall certificate - $45;
(G)
processing an application for reissuance of license following
revocation (includes a $200 surcharge and one jurisprudence examination sitting)
- $800;
(H)
office-based anesthesia site registration - $300.
(2)
Physicians in Training:
(A)
institutional permit (began training program prior to 6-1-2000)
- $45;
(B)
postgraduate resident permit - $60;
(C)
temporary postgraduate resident permit - $50;
(D)
faculty temporary permit - $110;
(E)
visiting professor permit - $110;
(F)
evaluation or re-evaluation of postgraduate training program
-$250.
(3)
Physician Assistants:
(A)
processing application for licensure as a physician assistant
- $200;
(B)
temporary license - $50;
(C)
annual renewal - $155
;
[
(D)
processing application for
reissuance of license following revocation - $200.
(4)
Acupuncturists/Acudetox Specialists:
(A)
processing an application for licensure as an acupuncturist
- $300;
(B)
temporary license for an acupuncturist - $50;
(C)
annual renewal for an acupuncturist - $250;
(D)
acupuncturist distinguished professor - $50;
(E)
processing an application for acudetox specialist - $50;
(F)
annual renewal for acudetox specialist - $25;
(G)
review of continuing acupuncture education courses - $50;
(H)
review of continuing acudetox acupuncture education courses
- $50.
(5)
Non-Certified Radiologic Technicians:
(A)
processing an application - $50;
(B)
annual renewal - $50.
(6)
Certification as a Non-Profit Health Organization:
(A)
processing an application for new or initial certification
- $2,500;
(B)
processing an application for biennial recertification
- $1,000;
(C)
fee for a late application for biennial recertification
- $1,000.
§175.4.Applications.
(a)
All information required on applications used by this board
will conform to the Medical Practice Act and rules promulgated by this board.
The board hereby adopts by reference the following forms:
(1)
Physicians:
(A)
application for licensure;
(B)
application for a special purpose license for practice
of medicine across state lines;
(C)
application for annual registration of physician's permit;
(D)
application for a duplicate wall certificate;
(E)
application for reissuance of license following revocation;
(F)
physician designation of prescriptive delegation;
(G)
application for office-based anesthesia registration.
(2)
Physicians in Training:
(A)
application for institutional permit (physician began program
prior to 5-31-2000);
(B)
application for basic postgraduate resident permit;
(C)
application for advanced postgraduate resident permit;
(D)
application for renewal of basic postgraduate resident
permit;
(E)
application for renewal of advanced postgraduate resident
permit;
(F)
application for faculty temporary permit;
(G)
application for visiting professor permit;
(H)
application for National Health Service Corps Permit.
(3)
Physician Assistants:
(A)
licensure application;
(B)
application for temporary license;
(C)
notice of intent to supervise a physician assistant;
(D)
notice of intent to practice as a physician assistant;
(E)
application for annual renewal of license
;
[
(F)
application for reissuance
of license following revocation.
(4)
Acupuncturists/Acudetox Specialists:
(A)
licensure application for acupuncturist;
(B)
application for acupuncture distinguished professor temporary
license;
(C)
application for annual renewal of acupuncturist license;
(D)
application for acudetox specialist certification;
(E)
application for annual renewal of acudetox specialist certification;
(F)
application for approval of continuing acupuncture education
courses;
(G)
application for approval of continuing acudetox acupuncture
education courses.
(5)
Non-Certified Radiologic Technicians:
(A)
application for initial non-certified radiologic technician
permit;
(B)
application for annual renewal of non-certified radiologic
technician permit;
(C)
application for supervision of a non-certified radiologic
technician.
(6)
Certification as a Non-Profit Health Organization:
(A)
application for initial certification;
(B)
application for biennial recertification.
(b)
These forms may be examined and copies may be obtained
at the offices of the Texas State Board of Medical Examiners, 333 Guadalupe,
Tower 3, Suite 610, Austin, Texas.
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 April 14, 2003.
TRD-200302393
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Earliest possible date of adoption: May 25, 2003
For further information, please call: (512) 305-7016
The Texas State Board of Medical Examiners proposes amendments to §§179.1-179.4,
the repeal and replacement of §179.5 and the repeal of §179.6, concerning
Investigation Files. The amendment to the chapter is necessary for general
clean up of the chapter and update of statutory cites.
Elsewhere in this issue of the
Texas Register
, the Texas State Board of Medical Examiners contemporaneously proposes
the rule review of Chapter 179.
Michele Shackelford, General Counsel, Texas State Board of Medical Examiners,
has determined that for the first five-year period the rules are in effect
there will be no fiscal implications to state or local government as a result
of enforcing the rules as proposed.
Ms. Shackelford also has determined that for each year of the first five
years the rules as proposed are in effect the public benefit anticipated as
a result of enforcing the sections will be an updated chapter. There will
be no effect on small or micro businesses.
Comments on the proposal may be submitted to Pat Wood, P.O. Box 2018, MC-901,
Austin, Texas 78768-2018. A public hearing will be held at a later date.
22 TAC §§179.1 - 179.4
The amendments are proposed under the authority of the Occupations
Code Annotated, §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.
The following are affected by the proposed amendments: Texas Occupations
Code Annotated, §§160.002, 160.003, 160.006, 160.009, 160.052, 160.053,
204.208, 205.304, and 206.159.
§179.1.Confidentiality.
All complaints, adverse reports, investigation files, other investigation
reports, and other investigative information in the possession of, received
or gathered by the board shall be confidential as provided by
the Medical
Practice Act ("the Act"), Title 3 Subtitle B Tex. Occ. Code Ann.
[
(1)
to the appropriate licensing authorities in other states,
the District of Columbia, or a territory or country in which the physician
is licensed;
(2)
to a peer review committee considering a physician's application
to obtain or retain privileges;
(3)
to appropriate law enforcement agencies if the investigative
information indicates a crime may have been committed;
(4)
to a health care entity upon receipt of written request.
Disclosures by the board to a health care entity shall include only information
concerning whether a complaint has been filed, whether the licensee is under
investigation, the basis of the complaint or investigation, and its current
status; and
(5)
to other persons if required during the
course
[
§179.2.Request for Information and Records from Physicians.
(a)
Medical records. Upon the request of the board or board
representatives, a licensee shall furnish to the board copies of medical records
or the original records within two weeks of the date
of receipt
of
the request.
(b)
Renewal of licenses. A licensee shall furnish a written
explanation of his or her answer to any question asked on the application
for license renewal, if requested by the board. This explanation shall include
all details as the board may request and shall be furnished within two weeks
of the date of
receipt of
the board's request.
(c)
Professional liability suits and claims. Following receipt
of a notice of claim letter or a complaint filed in court against a licensee
that is reported to the board pursuant to the Medical Practice Act,
§§160.052-.053
[
(1)
a completed questionnaire to provide summary information
concerning the suit or claim;
(2)
a completed questionnaire to provide information deemed
necessary in assessing the licensee's competency;
(3)
true and complete copies of the licensee's office medical
records and the hospital records, if applicable, concerning the patient on
whose behalf damages are sought; and
(4)
current information on the status of any suit or claim
previously reported to the board.
(d)
Impaired physicians.
(1)
The board shall require a licensee to submit to a mental
and/or physical examination by physician or physicians designated by the board
if the board has probable cause to believe that the licensee is impaired.
Under
the Act
[
(2)
Probable cause may include, but is not limited to, any
one of the following:
(A)
sworn statements from two people, willing to testify before
the board, that a certain licensee is impaired;
(B)
a sworn statement from a representative of the Texas Medical
Association's or the Texas Osteopathic Medical Association's impaired physician
program, stating that the representative is willing to testify before the
board that a certain licensee is impaired;
(C)
evidence that a licensee left a treatment program for alcohol
or chemical dependency before a completion of that program;
(D)
evidence that a licensee is guilty of intemperate use of
drugs or alcohol;
(E)
evidence of repeated arrests of a licensee for intoxication;
(F)
evidence of recurring temporary commitments to a mental
institution of a licensee; or
(G)
medical records showing that a licensee has an illness
or condition which results in the inability to function properly in his or
her practice.
(e)
Prescription drugs and controlled substances. The board
or its authorized representative shall have the power to inspect a licensee's
inventory of prescription drugs and obtain samples of those substances, and
to inspect and copy records of purchases and disposals of drugs, including
those listed in the Texas Controlled Substances Act or controlled substances
scheduled in the Federal Comprehensive Drug Abuse Prevention and Control Act
of 1970.
(f)
In addition to the requirements of responding or reporting
to the
board
[
§179.3.Investigation of Professional Review Actions.
A written report of a professional review action taken by a medical
peer review committee or a health care entity provided to the board as required
by
§§160.002, 204.208, and 205.304 of the Tex. Occ.Code Ann.
[
(1)
the specific basis for the professional review action,
whether or not such action was directly related to care of individual patients;
and
(2)
the specific limitations imposed upon the physician's clinical
privileges, or upon the physician's membership in the professional society
or association, and the duration of such limitations.
§179.4.Other Reports.
(a)
Relevant information required to be reported to the board
pursuant to
§§160.003, 204.208, 205.304, and 206.159 of the
Tex. Occ. Code Ann.
[
(b)
A report that a physician's
,
physician assistant's,
[
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 April 14, 2003.
TRD-200302394
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Earliest possible date of adoption: May 25, 2003
For further information, please call: (512) 305-7016
22 TAC §179.5, §179.6
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas State Board of Medical Examiners or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeals are proposed under the authority of the
Occupations Code Annotated, §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.
The following are affected by the proposed repeals: Texas Occupations Code
Annotated, §§160.002, 160.003, 160.006, 160.009, 160.052, 160.053,
204.208, 205.304, and 206.159.
§179.5.Moral Turpitude.
§179.6.Reporting Medical Professional Liability Claims.
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 April 14, 2003.
TRD-200302395
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Earliest possible date of adoption: May 25, 2003
For further information, please call: (512) 305-7016
22 TAC §179.5
The new rule is proposed under the authority of the Occupations
Code Annotated, §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.
The following are affected by the proposed new rule: Texas Occupations
Code Annotated, §§160.002, 160.003, 160.006, 160.009, 160.052, 160.053,
204.208, 205.304, and 206.159.
§179.5.Reporting Medical Professional Liability Claims.
(a)
Reporting responsibilities. The reporting form must be
completed and forwarded to the Texas State Board of Medical Examiners for
each defendant physician against whom a professional liability claim or complaint
has been filed. The information is to be reported by insurers or other entities
providing medical professional liability insurance for a physician. If a nonadmitted
insurance carrier does not report, reporting shall be the responsibility of
the physician.
(b)
Separate reports required and identifying information.
One separate report shall be filed for each defendant insured physician. When
Part II is filed, it shall be accompanied by the completed Part I or other
identifying information as described in subsection (d)(1) of this section.
(c)
Timeframes and attachments. The information in Part I of
the form must be provided within 30 days of receipt of the claim or suit.
A copy of the claim letter or petition must be attached. The information in
Part II must be reported within 105 days after disposition of the claim. Disposed
claims shall be defined as those claims where a court order has been entered,
a settlement agreement has been reached, or the complaint has been dropped
or dismissed.
(d)
Alternate reporting formats. The information may be reported
either on the form provided or in any other legible format which contains
at least the requested data.
(1)
If the reporter elects to use a reporting format other
than the board's form for data required in Part II, there must be enough identification
data available to enable board staff to match the closure report to the original
file. The data required to accomplish this include:
(A)
name and license number of defendant physician(s); and
(B)
name of plaintiff.
(2)
A court order or settlement agreement is an acceptable
alternative submission for Part II. An order or settlement agreement should
contain the necessary information to match the closure information to the
original file. If the order or agreement is lacking some of the required data,
the additional information may be legibly written on the order or agreement.
(e)
Penalty. Failure by a licensed insurer to report under
this section shall be referred to the State Board of Insurance. Sanctions
under the Insurance Code, Article 1.10, section 7, may be imposed for failure
to report.
(f)
Definition. For the purposes of this chapter a professional
liability claim or complaint shall be defined as a cause of action against
a physician for treatment, lack of treatment, or other claimed departure from
accepted standards of medical or health care or safety which proximately results
in injury to or death of the patient, whether the patient's claim or cause
of action sounds in tort or contract, to include interns, residents, supervising
physicians, on-call physicians, consulting physicians, and those physicians
who administer, read or interpret laboratory tests, x-rays, and other diagnostic
studies.
(g)
Claims not required to be reported. Examples of claims
that are not required to be reported under this chapter but which may be reported
include, but are not limited to, the following:
(1)
product liability claims (i.e. where a physician invented
a medical device which may have injured a patient but the physician has had
no personal physician-patient relationship with the specific patient claiming
injury by the device);
(2)
antitrust allegations;
(3)
allegations involving improper peer review activities;
(4)
civil rights violations; or
(5)
allegations of liability for injuries occurring on a physician's
property, but not involving a breach of duty in the physician-patient relationship
(i.e. slip and fall accidents).
(h)
Claims that are not required to be reported under this
chapter may however be voluntarily reported pursuant to the provision of the
Act.
(i)
The reporting form shall be as follows.
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 April 14, 2003.
TRD-200302396
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Earliest possible date of adoption: May 25, 2003
For further information, please call: (512) 305-7016
22 TAC §183.3, §183.20
The Texas State Board of Medical Examiners proposes amendments
to §183.3 and §183.20, concerning Acupuncture. The amendments concern
the number of board meetings to be held and continuing acupuncture education
requirements.
Michele Shackelford, General Counsel, Texas State Board of Medical Examiners,
has determined that for the first five-year period the amendments are in effect
there may be fiscal implications to state or local government as a result
of enforcing the rules as proposed. If the number of board meetings is decreased
from the current four times per year, there is a potential savings to the
agency to be used for other programs. There is also a potential impact to
those persons required to comply due to the delay in being considered for
licensure if the number of board meetings is reduced.
Ms. Shackelford also has determined that for each year of the first five
years the amendments as proposed are in effect the public benefit anticipated
as a result of enforcing the sections will be updated rules. There will be
no effect on small or micro businesses.
Comments on the proposal may be submitted to Pat Wood, P.O. Box 2018, MC-901,
Austin, Texas 78768-2018. A public hearing will be held at a later date.
The amendments are proposed under the authority of the Occupations
Code Annotated, §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.
The following are affected by the proposed amendments: Texas Occupations
Code Annotated, §205.255.
§183.3.Meetings.
(a)
The acupuncture board
may meet up to four times
[
(b)
Special meetings may be called by the presiding officer
of the acupuncture board, by resolution of the acupuncture board, or upon
written request to the presiding officer of the acupuncture board signed by
at least three members of the board.
(c)
Acupuncture board and committee meetings shall, to the
extent possible, be conducted pursuant to the provisions of Robert's Rules
of Order Newly Revised unless, by rule, the acupuncture board adopts a different
procedure.
(d)
All elections and any other issues requiring a vote of
the acupuncture board shall be decided by a simple majority of the members
present. A quorum for transaction of any business by the acupuncture board
shall be one more than half the acupuncture board's membership at the time
of the meeting. If more than two candidates contest an election or if no candidate
receives a majority of the votes cast on the first ballot, a second ballot
shall be conducted between the two candidates receiving the highest number
of votes.
(e)
The acupuncture board, at a regular meeting or special
meeting, may elect from its membership an assistant presiding officer and
a secretary-treasurer to serve a term of one year or for a term of a set duration
established by majority vote of the acupuncture board.
(f)
The acupuncture board, at a regular meeting or special
meeting, upon majority vote of the members present may remove the assistant
presiding officer or secretary-treasurer from office.
(g)
The following are standing and permanent committees of
the acupuncture board. Each committee, with the exception of the Executive
Committee, shall consist of at least one board member who is a licensed physician,
one board member who is a licensed acupuncturist, and one public board member.
In the event that a committee does not have a representative of one or more
of these groups, the presiding officer shall appoint additional members as
necessary to maintain this composition. The Executive Committee shall include
the presiding officer, the assistant presiding officer, and the secretary-treasurer,
plus additional members so that the committee consists of a minimum of two
board members who are licensed acupuncturists, one board member who is a licensed
physician, and one public board member. The responsibilities and authority
of these committees shall include those duties and powers as set forth below
and such other responsibilities and authority which the acupuncture board
may from time to time delegate to these committees.
(1)
Licensure Committee:
(A)
draft and review proposed rules regarding licensure, and
make recommendations to the acupuncture board regarding changes or implementation
of such rules;
(B)
draft and review proposed application forms for licensure,
and make recommendations to the acupuncture board regarding changes or implementation
of such rules;
(C)
oversee the application process for licensure;
(D)
receive and review applications for licensure;
(E)
present the results of reviews of applications for licensure
and make recommendations to the acupuncture board regarding licensure of applicants;
(F)
oversee and make recommendations to the acupuncture board
regarding any aspect of the examination process including the approval of
an appropriate licensure examination and the administration of such an examination;
(G)
draft and review proposed rules regarding any aspect of
the examination;
(H)
make recommendations to the acupuncture board regarding
matters brought to the attention of the Licensure Committee.
(2)
Discipline and Ethics Committee:
(A)
draft and review proposed rules regarding the discipline
of acupuncturists and enforcement of Subchapter H of the Act;
(B)
oversee the disciplinary process and give guidance to the
acupuncture board and staff regarding methods to improve the disciplinary
process and more effectively enforce Subchapter H of the Act;
(C)
monitor the effectiveness, appropriateness, and timeliness
of the disciplinary process;
(D)
make recommendations regarding resolution and disposition
of specific cases and approve, adopt, modify, or reject recommendations from
staff or representatives of the acupuncture board regarding actions to be
taken on pending cases. Approve dismissals of complaints and closure of investigations;
(E)
draft and review proposed ethics guidelines and rules for
the practice of acupuncture, and make recommendations to the acupuncture board
regarding the adoption of such ethics guidelines and rules;
(F)
make recommendations to the acupuncture board and staff
regarding policies, priorities, budget, and any other matters related to the
disciplinary process and enforcement of Subchapter H of the Act; and
(G)
make recommendations to the acupuncture board regarding
matters brought to the attention of the Discipline and Ethics Committee.
(3)
Education Committee:
(A)
draft and propose rules regarding educational requirements
for licensure in Texas and make recommendations to the acupuncture board regarding
changes or implementation of such rules;
(B)
draft and propose rules regarding training required for
licensure in Texas and make recommendations to the acupuncture board regarding
changes or implementation of such rules;
(C)
draft and propose rules regarding continuing education
requirements for renewal of a Texas license and make recommendations to the
acupuncture board regarding changes or implementation of such rules;
(D)
consult with the Texas Higher Education Coordinating Board
regarding educational requirements for schools of acupuncture, oversight responsibilities
of each entity, degrees which may be offered by schools of acupuncture;
(E)
maintain communication with acupuncture schools;
(F)
plan and make visits to acupuncture schools at specified
intervals, with the goal of promoting opportunities to meet with the students
so they may become aware of the board and its functions;
(G)
develop information regarding foreign acupuncture schools
in the areas of curriculum, faculty, facilities, academic resources, and performance
of graduates;
(H)
draft and propose rules which would set the requirements
for degree programs in acupuncture;
(I)
be available for assistance with problems relating to acupuncture
school issues which may arise within the purview of the board;
(J)
offer assistance to the Licensure Committee in determining
eligibility of graduates of foreign acupuncture schools for licensure;
(K)
study and make recommendations regarding documentation
and verification of records from foreign acupuncture schools;
(L)
make recommendations to the acupuncture board regarding
matters brought to the attention of the Education Committee[
(4)
Executive Committee:
(A)
review agendum for board meetings;
(B)
ensure records are maintained of all committee actions;
(C)
review requests from the public to appear before the board
and to speak regarding issues relating to acupuncture;
(D)
review inquiries regarding policy or administrative procedures;
(E)
delegate tasks to other committees;
(F)
take action on matters of urgency that may arise between
board meetings;
(G)
assist the medical board in the organization, preparation,
and delivery of information and testimony to the Legislature and committees
of the Legislature;
(H)
formulate and make recommendations to the board concerning
future board goals and objectives and the establishment of priorities and
methods for their accomplishment;
(I)
study and make recommendations to the board regarding the
role and responsibility of the board offices and committees;
(J)
study and make recommendations to the board regarding ways
to improve the efficiency and effectiveness of the administration of the board
pursuant to the Occupations Code, §205.102(b);
(K)
make recommendations to the board regarding matters brought
to the attention of the executive committee.
(h)
Meetings of the acupuncture board and of its committees
are open to the public unless such meetings are conducted in executive session
pursuant to the Open Meetings Act and the Act. In order that board meetings
may be conducted safely, efficiently, and with decorum, members of the public
shall refrain at all times from smoking or using tobacco products, eating,
or reading newspapers and magazines. Members of the public may not engage
in disruptive activity that interferes with board proceedings, including,
but not limited to, excessive movement within the meeting room, noise or loud
talking, and resting of feet on tables and chairs. The public shall remain
within those areas of the board's offices designated as open to the public.
Members of the public shall not address or question board members during meetings
unless recognized by the board's presiding officer pursuant to a published
agenda item.
(i)
Journalists have the same right of access as other members
of the public to acupuncture board meetings conducted in open session, and
are also subject to the rules of conduct described in subsection (h) of this
section. Observers of any board meeting may make audio or visual recordings
of such proceedings conducted in open session subject to the following limitations:
the acupuncture board's presiding officer may request periodically that camera
operators extinguish their artificial lights to allow excessive heat to dissipate;
camera operators may not assemble or disassemble their equipment while the
board is in session and conducting business; persons seeking to position microphones
for recording board proceedings may not disrupt the meeting or disturb participants;
journalists may conduct interviews in the reception area of the board's offices
or, at the discretion of the acupuncture board's presiding officer, in the
meeting room after recess or adjournment; no interview may be conducted in
the hallways of the board's offices; and the acupuncture board's presiding
officer may exclude from a meeting any person who, after being duly warned,
persists in conduct described in this subsection and subsection (h) of this
section.
(j)
The assistant presiding officer of the acupuncture board
shall assume the duties of the presiding officer in the event of the presiding
officer's absence or incapacity.
(k)
In the absence or incapacity of both the presiding officer
and the assistant presiding officer, the secretary-treasurer shall assume
the duties of the presiding officer.
(l)
In the event of the absence or incapacity of the presiding
officer, the assistant presiding officer, and secretary-treasurer, the members
of the acupuncture board may elect another member to act as the presiding
officer of a board meeting or may elect an interim acting presiding officer
for the duration of the absences or incapacity or until another presiding
officer is appointed by the governor.
(m)
Upon the death, resignation, or permanent incapacity of
the assistant presiding officer or the secretary-treasurer, the acupuncture
board shall elect from its membership an officer to fill the vacant position.
Such an election shall be conducted as soon as practicable at a regular or
special meeting of the acupuncture board.
§183.20.Continuing Acupuncture Education.
(a)
Purpose. This section is promulgated to promote the health,
safety, and welfare of the people of Texas through the establishment of minimum
requirements for continuing acupuncture education (CAE) for licensed Texas
acupuncturists so as to further enhance their professional skills and knowledge.
(b)
Minimum Continuing Acupuncture Education. As a prerequisite
to the annual registration of the license of an acupuncturist, the acupuncturist
shall complete 17 hours of continuing acupuncture education (CAE) each year.
(1)
The required hours shall be from courses that are designated
or otherwise approved for credit by the Texas State Board of Acupuncture Examiners
at the time the courses were taken based on a review and recommendation of
the Education Committee of the board as described in subsection (n) of this
section.
(2)
At least eight hours shall be in general acupuncture
in order to ensure that a licensee's CAE is comprehensive and that the licensee's
overall acupuncture knowledge, skills, and competence are enhanced.
[
(3)
At least
one
[
(4)
At least two of the required hours shall
be in herbology. More than two hours shall be expected of a licensee whose
primary practice includes prescriptions of herbs.
(c)
Reporting Continuing Acupuncture Education. An acupuncturist
must report on the licensee's annual registration form the number of hours
and type of continuing acupuncture education completed during the previous
year.
(d)
Grounds for Exemption from Continuing Acupuncture Education.
An acupuncturist may request in writing and may be exempt from the annual
minimum continuing acupuncture education requirements for one or more of the
following reasons:
(1)
catastrophic illness;
(2)
military service of longer than one year in duration;
(3)
acupuncture practice and residence of longer than one year
in duration outside the United States; and/or
(4)
good cause shown on written application of the licensee
which gives satisfactory evidence to the board that the licensee is unable
to comply with the requirements of continuing acupuncture education.
(e)
Exemption Requests. Exemption requests shall be subject
to the approval of the executive director of the board, and shall be submitted
in writing at least 30 days prior to the expiration of the license.
(f)
Exemption Duration and Renewal. An exemption granted under
subsections (d) and (e) of this section may not exceed one year, but may be
renewed annually upon written request submitted at least 30 days prior to
the expiration of the current exemption.
(g)
Verification of Credits. The board may require written
verification of both formal and informal continuing acupuncture education
hours from any licensee and the licensee shall provide the requested verification
within 30 calendar days of the date of the request. Failure to timely provide
the requested verification may result in disciplinary action by the board.
(h)
Nonrenewal for Insufficient Continuing Acupuncture Education.
Unless exempted under the terms of this section, the apparent failure of an
acupuncturist to obtain and timely report the 17 hours of continuing education
hours as required and provided for in this section shall result in nonrenewal
of the license until such time as the acupuncturist obtains and reports the
required hours; however, the executive director of the board may issue to
such an acupuncturist a temporary license numbered so as to correspond to
the nonrenewed license. Such a temporary license issued pursuant to this subsection
may be issued to allow the board to verify the accuracy of information related
to the continuing acupuncture education hours of the acupuncturist and to
allow the acupuncturist who has not obtained or timely reported the required
number of hours an opportunity to correct any deficiency so as not to require
termination of ongoing patient care.
(i)
Fee for Issuance of Temporary License. The fee for issuance
of a temporary license pursuant to the provisions of this section shall be
in the amount specified under §175.1 of this title (relating to Fees,
Penalties, and Applications); however, the fee need not be paid prior to the
issuance of the temporary license, but shall be paid prior to the renewal
of a permanent license.
(j)
Application of Additional Hours. Continuing acupuncture
education hours that are obtained to comply with the requirements for the
preceding year as a prerequisite for licensure renewal, shall first be credited
to meet the requirements for that previous year. Once the requirements of
the previous year are satisfied, any additional hours obtained shall be credited
to meet the continuing acupuncture education requirements of the current year.
A licensee may carry forward CAE hours earned prior to an annual registration
report which are in excess of the 17-hour annual requirement and such excess
hours may be applied to the following years' requirements. A maximum of 34
total excess hours may be carried forward. Excess CAE hours may not be carried
forward or applied to an annual report of CAE more than two years beyond the
date of the annual registration following the period during which the hours
were earned.
(k)
False Reports/Statements. An intentionally false report
or statement to the board by a licensee regarding continuing acupuncture education
hours reportedly obtained shall be a basis for disciplinary action by the
board pursuant to the Act, §§205.351(a)(2) and (6).
(l)
Monetary Penalty. Failure to obtain and timely report the
continuing acupuncture education hours for renewal of a license shall subject
the licensee to a monetary penalty for late registration in the amount set
forth in '175.2 of board rules (relating to Fees, Penalties, and Applications).
(m)
Disciplinary Action, Conditional Licensure, and Construction.
This section shall be construed to allow the board to impose requirements
for completion of additional continuing acupuncture education hours for purposes
of disciplinary action and conditional licensure.
(n)
Approval of Continuing Acupuncture Education. Continuing
Acupuncture Education credit hours shall be approved by the Texas State Board
of Acupuncture Examiners based on the recommendation of the Education Committee
of the board in regard to courses, programs, and activities submitted by licensees
to satisfy the CAE requirements of this section. Approval shall be based on
a showing by the education provider that:
(1)
the content of the course, program, or activity is related
to the practice of acupuncture or oriental medicine, and is not a course on
practice enhancement, business, or office administration;
(2)
the method of instruction is adequate to teach the content
of the course, program, or activity;
(3)
the credentials of the instructor(s) indicate competency
and sufficient training, education, and experience to teach the specific course,
program, or activity;
(4)
the education provider maintains an accurate attendance/participation
record on individuals completing the course, program, or activity;
(5)
each credit hour for the course, program, or activity is
equal to no less than 50 minutes of actual instruction or training;
(6)
the course, program, or activity is provided by a knowledgeable
health care provider or reputable school, state, or professional organization;
(7)
the course description provides adequate information so
that each participant understands the basis for the program and the goals
and objectives to be met; and,
(8)
the education provider obtain written evaluations at the
end of each program, collate the evaluations in a statistical summary, and
make the summary available to the board upon request.
(o)
Continuing Acupuncture Education Approval Requests. All
requests for approval of courses, programs, or activities for purposes of
satisfying CAE credit requirements shall be submitted in writing to the Education
Committee of the board on a form approved by the board, along with any required
fee, and accompanied by information, documents, and materials accurately describing
the course, program, or activity, and necessary for verifying compliance with
the requirements set forth in subsection (n) of this section. At the discretion
of the board or the Education Committee, supplemental information, documents,
and materials may be requested as needed to obtain an adequate description
of the course, program, or activity and to verify compliance with the requirements
set forth in subsection (n) of this section. At the discretion of the board
or the Education Committee, inspection of original supporting documents may
be required for a determination on an approval request. The Acupuncture Board
shall have the authority to conduct random and periodic checks of courses,
programs, or activities to ensure that criteria for education approval as
set forth in subsection (n) of this section have been met and continue to
be met by the education provider. Upon requesting approval of a course, program,
or activity, the education provider shall agree to such checks by the Acupuncture
Board or its designees, and shall further agree to provide supplemental information,
documents, and material describing the course, program, or activity which,
in the discretion of the Acupuncture Board, may be needed for approval or
continued approval of the course, program, or activity. Failure of an education
provider to provide the necessary information, documents, and materials to
show compliance with the standards set forth in subsection (n) of this section
shall be grounds for denial of CAE approval or recision of prior approval
in regard to the course, program, or activity.
(p)
Reconsideration of Denials of Approval Requests. Determinations
to deny approval of a CAE course, program, or activity may be reconsidered
by the Education Committee or the board based on additional information concerning
the course, program, or activity, or upon a showing of good cause for reconsideration.
A decision to reconsider a denial determination shall be a discretionary decision
based on consideration of the additional information or the good cause showing.
Requests for reconsideration shall be made in writing by the education provider,
and may be made orally or in writing by board staff or a committee of the
board.
(q)
Reconsideration of Approvals. Determinations to approve
a CAE course, program, or activity may be reconsidered by the Education Committee
or the board based on additional information concerning the course, program,
or activity, or upon a showing of good cause. A decision to reconsider an
approval determination shall be a discretionary decision based on consideration
of the additional information or the good cause showing. Requests for reconsideration
may be made in writing by a member of the public or may be made orally or
in writing by board staff or a committee of the board.
(r)
CAE Credit for Course Instruction. Instructors of board-approved
CAE courses may receive three hours of CAE credit for each hour of lecture,
not to exceed six hours of continuing education credit per year, regardless
of how many hours taught. Participation as a member of a panel presentation
for the approved course shall not entitle the participant to earn CAE credit
as an instructor. No CAE credit shall be granted to school faculty members
as credit for their regular teaching assignments.
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 April 14, 2003.
TRD-200302397
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Earliest possible date of adoption: May 25, 2003
For further information, please call: (512) 305-7016
22 TAC §185.3, §185.16
The Texas State Board of Medical Examiners proposes amendments
to §185.3 and §185.16, concerning Physician Assistants. The amendments
concern the number of board meetings to be held and supervision of physician
assistants in hospital emergency room settings.
Michele Shackelford, General Counsel, Texas State Board of Medical Examiners,
has determined that for the first five-year period the amendments are in effect
there may be fiscal implications to state or local government as a result
of enforcing the rules as proposed. If the number of board meetings is decreased
from the current four times per year, there is a potential savings to the
agency to be used for other programs. There is also a potential impact to
those persons required to comply due to the delay in being considered for
licensure if the number of board meetings is reduced.
Ms. Shackelford also has determined that for each year of the first five
years the amendments as proposed are in effect the public benefit anticipated
as a result of enforcing the sections will be updated rules. There will be
no effect on small or micro businesses.
Comments on the proposal may be submitted to Pat Wood, P.O. Box 2018, MC-901,
Austin, Texas 78768-2018. A public hearing will be held at a later date.
The amendments are proposed under the authority of the Occupations
Code Annotated, §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.
The following are affected by the proposed amendments: Texas Occupations
Code Annotated, §§204.204, 204.205, 204.206.
§185.3.Meetings.
(a)
The board
may meet up to four times a year, with a
minimum of two times
[
(b)
Special meetings may be called by the presiding officer
of the board, by resolution of the board, or upon written request to the presiding
officer of the board signed by at least three members of the board.
(c)
Board and committee meetings shall, to the extent possible,
be conducted pursuant to the provisions of Robert's Rules of Order Newly Revised
unless, by rule, the board adopts a different procedure.
(d)
All elections and any other issues requiring a vote of
the board shall be decided by a simple majority of the members present. A
quorum for transaction of any business by the board shall be one more than
half the board's membership at the time of the meeting. If more than two candidates
contest an election or if no candidate receives a majority of the votes cast
on the first ballot, a second ballot shall be conducted between the two candidates
receiving the highest number of votes.
(e)
The board, at a regular meeting or special meeting, may
elect from its membership a presiding officer and a secretary for one year.
(f)
The board, at a regular meeting or special meeting, upon
majority vote of the members present, may remove the presiding officer or
the secretary from office.
(g)
The following are standing and permanent committees of
the board. The responsibilities and authority of these committees shall include
those duties and powers as defined in paragraphs (1)-(3) of this subsection
and such other responsibilities and authority which the board may from time
to time delegate to these committees.
(1)
Licensure Committee.
(A)
Draft and review proposed rules regarding licensure, and
make recommendations to the board regarding changes or implementation of such
rules.
(B)
Draft and review proposed rules pertaining to the overall
licensure process, and make recommendations to the board regarding changes
or implementation of such rules.
(C)
Receive and review applications for licensure in the event
the eligibility for licensure of an applicant is in question.
(D)
Present the results of reviews of applications for licensure,
and make recommendations to the board regarding licensure of applicants whose
eligibility is in question.
(E)
Make recommendations to the board regarding matters brought
to the attention of the Licensure Committee.
(2)
Disciplinary and Ethics Committee.
(A)
Draft and review proposed rules regarding the discipline
of physician assistants and enforcement of the Physician Assistant Licensing
Act.
(B)
Oversee the disciplinary process and give guidance to the
board and staff regarding methods to improve the disciplinary process and
more effectively enforce the Physician Assistant Licensing Act.
(C)
Monitor the effectiveness, appropriateness, and timeliness
of the disciplinary process.
(D)
Make recommendations regarding resolution and disposition
of specific cases and approve, adopt, modify, or reject recommendations from
staff or representatives of the board regarding actions to be taken on pending
cases. Approve dismissals of complaints and closure of investigations.
(E)
Draft and review proposed ethics guidelines and rules for
the practice of physician assistants, and make recommendations to the board
regarding the adoption of such ethics guidelines and rules.
(F)
Make recommendations to the board and staff regarding policies,
priorities, budget, and any other matters related to the disciplinary process
and enforcement of the Physician Assistant Licensing Act.
(G)
Make recommendations to the board regarding matters brought
to the attention of the Disciplinary and Ethics Committee.
(3)
Long Range Planning Committee.
(A)
Formulate and make recommendations to the board concerning
future board goals and objectives and the establishment of priorities and
methods for their accomplishment.
(B)
Study and make recommendations to the board regarding the
role and responsibility of the board officers and committees.
(C)
Study and make recommendations to the board regarding ways
to improve the efficiency and effectiveness of the administration of the board.
(D)
Study and make recommendations to the board regarding board
rules or any area of a board function that, in the judgment of the committee
needs consideration.
(E)
Study and make recommendations to the board regarding legislative
changes pertinent to the practice of Physician Assistants.
(F)
Study and make recommendations to the board regarding financial
issues.
(h)
Meetings of the board and of its committees are open to
the public unless such meetings are conducted in executive session pursuant
to the Open Meetings Act, the Physician Assistant Licensing Act, or the Medical
Practice Act. In order that board meetings may be conducted safely, efficiently,
and with decorum, members of the public shall refrain at all times from smoking
or using tobacco products, eating, or reading newspapers and magazines. Members
of the public may not engage in disruptive activity that interferes with board
proceedings, including excessive movement within the meeting room, noise or
loud talking, and resting of feet on tables and chairs. The public shall remain
within those areas designated as open to the public. Members of the public
shall not address or question board members during meetings unless recognized
by the board's presiding officer pursuant to a published agenda item.
(i)
Journalists have the same right of access as other members
of the public to board meetings conducted in open session, and are also subject
to the rules of conduct described in subsection (h) of this section. Observers
of any board meeting may make audio or visual recordings of such proceedings
conducted in open session subject to the following limitations: the board's
presiding officer may request periodically that camera operators extinguish
their artificial lights to allow excessive heat to dissipate; camera operators
may not assemble or disassemble their equipment while the board is in session
and conducting business; persons seeking to position microphones for recording
board proceedings may not disrupt the meeting or disturb participants; journalists
may conduct interviews in the reception area of the medical board's offices
or, at the discretion of the board's presiding officer, in the meeting room
after recess or adjournment; no interview may be conducted in the hallways
of the medical board's offices; and the board's presiding officer may exclude
from a meeting any person who, after being duly warned, persists in conduct
described in this subsection and subsection (h) of this section.
(j)
The secretary of the board shall assume the duties of the
presiding officer in the event of the presiding officer's absence or incapacity.
(k)
In the event of the absence or temporary incapacity of
the presiding officer, and the secretary, the members of the board may elect
another member to act as the presiding officer of a board meeting or may elect
an interim acting presiding officer for the duration of the absences or incapacity.
(l)
Upon the death, resignation, removal or permanent incapacity
of the presiding officer or the secretary, the board shall elect from its
membership an officer to fill the vacant position. Such an election shall
be conducted as soon as practicable at a regular or special meeting of the
board.
§185.16.Employment Guidelines.
(a)
Except as otherwise provided in this section, a physician
may supervise up to five physician assistants, or their full-time equivalents.
"Full time" shall mean no more than 50 hours per week.
(b)
A physician assistant may not independently bill patients
for the services provided by the physician assistant except where provided
by law.
(c)
Except at a site serving medically underserved populations,
a physician assistant shall not practice at a site where that physician assistant's
supervising physician is not present at least 20 percent of the site's listed
business hours unless the supervising physician has obtained a waiver under §193.6(i)
of this title (relating to Waivers).
(d)
A physician who provides medical services in preventive
medicine, disease management, health and wellness education, or similar services
in an accredited academic/teaching institution listed in paragraphs (1)-(10)
of this subsection, or its affiliates, may be denoted as the supervising physician
for more than five physician assistants in that institution or its affiliates,
provided the supervising physician determines that the physician assistants
are properly trained to deliver the services, that the services are of such
a nature that they may be safely and competently delivered by the supervised
physician assistants, and the proper paperwork has been filed with the
Texas State Board of Medical Examiners
[
(1)
University of Texas Medical Branch at Galveston;
(2)
University of Texas Southwestern Medical Center at Dallas;
(3)
University of Texas Health Science Center at Houston;
(4)
University of Texas Health Science Center at San Antonio;
(5)
University of Texas Health Center at Tyler;
(6)
University of Texas M.D. Anderson Cancer Center;
(7)
Texas A&M University College of Medicine;
(8)
Texas Tech University School of Medicine;
(9)
Baylor College of Medicine; or
(10)
University of North Texas Health Science Center at Fort
Worth.
(e)
A physician who holds the position of
Medical Director, Chief of Staff, or Emergency Room Department Chair at a
licensed hospital may be denoted as the supervising physician for more than
five physician assistants for the purpose of staffing a hospital emergency
room. This physician may then delegate the direct supervision of the physician
assistant to staff physicians providing medical services within the emergency
room, provided that the supervising physician determines that the physician
assistants are properly trained to deliver the services, that the services
are of such a nature that they may be safely and competently delivered by
the supervised physician assistants, and that the proper paperwork has been
filed with the Texas State Board of Medical Examiners. The supervision of
physician assistants must comply with all institutional rules and there must
be accurate and timely internal institutional records, which are available
upon request within 24 hours to the Texas State Board of Medical Examiners,
which list the name and license number of the physician who is specifically
assigned to actively supervise each physician assistant.
(f)
[
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 April 14, 2003.
TRD-200302398
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Earliest possible date of adoption: May 25, 2003
For further information, please call: (512) 305-7016
The Texas State Board of Medical Examiners proposes amendments to §187.18
and §187.58, concerning Procedural Rules. The amendments concern the
role of the board's legal counsel during hearings.
Michele Shackelford, General Counsel, Texas State Board of Medical Examiners,
has determined that for the first five-year period the amendments are in effect
there will be no fiscal implications to state or local government as a result
of enforcing the rules as proposed.
Ms. Shackelford also has determined that for each year of the first five
years the amendments as proposed are in effect the public benefit anticipated
as a result of enforcing the sections will be updated rules concerning the
role of the board's legal counsel during hearings. There will be no effect
on small or micro businesses.
Comments on the proposal may be submitted to Pat Wood, P.O. Box 2018, MC-901,
Austin, Texas 78768-2018. A public hearing will be held at a later date.
Subchapter B. INFORMAL BOARD PROCEEDINGS
22 TAC §187.18
The amendment is proposed under the authority of the Occupations
Code Annotated, §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.
The following are affected by the proposed amendment: Texas Occupations
Code Annotated, §§164.003, 164.004, 164.059.
§187.18.Informal Show Compliance Proceeding and Settlement Conference Based on Personal Appearance ("ISC").
(a)
Notice of the ISC shall be extended to the licensee and
the complainant(s) in writing, by hand delivery, regular mail, certified mail
-return receipt requested, overnight or express mail, courier service, or
registered mail, to the address of record of the complainants and the address
of record of the licensee or the licensee's authorized representative to be
received at least ten days prior to the date of the ISC. The notice shall
include the time, date, and location of the ISC; the rules governing the proceeding;
the deadline for submitting any additional material for presentation to the
board representatives; and a brief written statement of the nature of the
allegations to be addressed at the ISC.
(b)
Unless a timely written request from the licensee for an
informal show compliance proceeding based on written information is received,
the licensee shall be scheduled to appear in person for an ISC with one or
more board representatives.
(c)
Requests to reschedule the ISC may be granted only if the
licensee is able to show that extraordinary circumstances exist such as illness,
death or natural disaster, which suggest the need to reschedule the ISC. The
licensee must submit a written request within five days of receipt of the
notice that includes the reasons for the requested continuance. Counsel to
the board shall make the determination as to whether to grant a request to
reschedule.
(d)
Prior to the ISC, the board representatives shall be provided
with the information sent to the licensee by the board staff and all information
timely received in response from the licensee. If no information has been
received from the licensee that shall be reported to the board representatives.
(e)
The ISC shall allow:
(1)
the board staff to present a synopsis of the allegations
and the facts that the board staff reasonably believes could be proven by
competent evidence at a hearing;
(2)
the licensee to reply to the board staff's presentation
and present facts the licensee reasonably believes could be proven by competent
evidence at a hearing;
(3)
presentation of evidence by the board staff and the licensee
which may include medical and office records, x rays, pictures, film recordings
of all kinds, audio and video recordings, diagrams, charts, drawings, and
any other illustrative or explanatory materials which in the discretion of
the board representatives are relevant to the proceeding;
(4)
representation of the licensee by an authorized representative;
(5)
presentation of oral or written statements by the licensee
or authorized representative;
(6)
presentation of oral or written statements or testimony
by witnesses;
(7)
questioning of the witnesses in a manner prescribed by
the panel;
(8)
questioning of the licensee;
(9)
rebuttal by board staff; and
(10)
upon request by board representatives, the board staff
may propose appropriate disciplinary action and the licensee or authorized
representative may respond.
(f)
The board representatives, board staff, the licensee, and
the licensee's authorized representative shall be present during the presentation
of statements and testimony during the ISC.
(g)
Notwithstanding subsection (f) of this section, the board
representatives may allow the person alleged to have suffered harm due to
actions of the licensee to testify outside the physical presence of the licensee
to protect the person from harassment and/or undue embarrassment, for personal
safety concerns, or for any other demonstrated and legitimate need. If such
testimony is allowed, arrangements will be made to allow the licensee to listen
to the testimony contemporaneously as it is given.
(h)
All evidence that a licensee wishes the board representatives
to consider at the ISC must be submitted to the board at least seven days
before the ISC. The board representatives may refuse to consider any evidence
not submitted in a timely manner. If the board representatives allow the licensee
to submit late evidence, the representatives may reschedule and/or assess
an administrative penalty for the late submission.
(i)
[
(j)
At the ISC, the board representatives shall attempt to
resolve disputed matters and the representatives may call upon the board staff
at any time for assistance in conducting the ISC.
(k)
The board representatives shall prohibit or limit access
to the board's investigative file by the licensee, the licensee's authorized
representative, the complainant(s), witnesses, and the public consistent with
Act, §164.007.
(l)
Although the participants may make notes, mechanical or
electronic recordings shall not be made of the ISC, settlement discussions,
or mediation efforts.
(m)
The ISC shall be informal and shall not follow the procedures
established under this title for formal board proceedings.
(n)
At the conclusion of the presentations, the board representatives
shall deliberate in order to make recommendations for the disposition of the
complaint or allegations. During the deliberations by the board representatives,
the board representatives shall exclude, except with agreement of the licensee,
the board staff who presented the allegations and facts related to the complaint
against the licensee, the licensee, the licensee's authorized representative,
the complainant(s), witnesses, and the general public. Counsel of the board
shall be available for assistance during deliberations.
(o)
The board representatives may make recommendations to dismiss
the complaint or allegations.
(p)
Upon a determination by the board representatives that
the licensee has violated the Act, board rules, or board order, the board
representatives may propose resolution of the issues to the licensee to be
reduced to writing and processed in accordance with §187.19 of this title
(relating to Resolution by Agreed Order).
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 April 14, 2003.
TRD-200302399
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Earliest possible date of adoption: May 25, 2003
For further information, please call: (512) 305-7016
22 TAC §187.58
The amendment is proposed under the authority of the Occupations
Code Annotated, §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.
The following are affected by the proposed amendment: Texas Occupations
Code Annotated, §§164.003, 164.004, 164.059.
§187.58.Procedures before the Disciplinary Panel.
(a)
In accordance with the Act, §164.004, an ISC is not
required to be held prior to a hearing on temporary suspension. §164.004
further exempts a temporary suspension proceeding from the requirements of §2001.054(c),
TEX. GOV'T CODE.
(b)
To the extent practicable, in the discretion of the chair
of the disciplinary panel, the sequence of events will be as follows:
(1)
Call to Order;
(2)
Roll Call;
(3)
Calling of the Case;
(4)
Recusal Statement;
(5)
Introductions/Appearances on the Record;
(6)
Opening Statements by Board Staff and Respondent;
(7)
Presentation of evidence and information by Board Staff;
(8)
Presentation of evidence and information on behalf of Respondent;
(9)
Rebuttal by Board Staff and Respondent;
(10)
Closing Arguments:
(A)
Argument by Board Staff;
(B)
Argument by Respondent;
(C)
Final Argument by Board Staff;
(11)
Deliberations;
(12)
Announcement of Decision;
(13)
Adjournment.
(c)
A board attorney shall be designated as
Counsel to the Panel and shall be present during the hearing and deliberations
by the panel and shall advise the panel on all legal issues that arise during
the hearing including objections to evidence and other evidentiary matters.
The Counsel to the Panel shall be permitted to ask questions of witnesses,
the board staff, the attorney for the licensee and other participants in the
hearing.
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 April 14, 2003.
TRD-200302400
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Earliest possible date of adoption: May 25, 2003
For further information, please call: (512) 305-7016
22 TAC §200.3
The Texas State Board of Medical Examiners proposes an amendment
to §200.3, concerning Standards for Physicians Practicing Complementary
and Alternative Medicine. The amendment concerns detailed requirements regarding
informed consent, treatment plan, adequate medical records, therapeutic validity,
and clinical investigations.
Elsewhere in this issue of the
Texas Register
, the Texas State Board of Medical Examiners contemporaneously adopts
an amendment to §200.1 and §200.2. An amendment to §200.3 was
previously proposed for comment in the February 28, 2003 issue of the
The title for chapter 200 has changed to Standards for Physicians Practicing
Complementary and Alternative Medicine. The change was made in the February
28, 2003
Texas Register
.
Elsewhere in this issue of the
Texas Register
, the Texas State Board of Medical Examiners contemporaneously adopts
the rule review of Chapter 200.
Michele Shackelford, General Counsel, Texas State Board of Medical Examiners,
has determined that for the first five-year period the amendment is in effect
there will be no fiscal implications to state or local government as a result
of enforcing the rule as proposed.
Ms. Shackelford also has determined that for each year of the first five
years the amendment as proposed is in effect the public benefit anticipated
as a result of enforcing the section will be detailed requirements regarding
informed consent, treatment plan, adequate medical records, therapeutic validity,
and clinical investigations.. There will be no effect on small or micro businesses.
Comments on the proposal may be submitted to Pat Wood, P.O. Box 2018, MC-901,
Austin, Texas 78768-2018. A public hearing will be held at a later date.
The amendment is proposed under the authority of the Occupations
Code Annotated, §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.
The following are affected by the proposed amendment: Texas Occupations
Code Annotated, §§164.051, 164.052, 164.053.
§200.3.Practice Guidelines for the Provision of [
A licensed physician shall not be found guilty of unprofessional conduct
or be found to have committed professional failure to practice medicine in
an acceptable manner solely on the basis of employing a health care method
of [
(1)
Patient Assessment.
Prior to offering advice
about complementary
and alternative
health care therapies, the
physician shall undertake an assessment of the patient. This assessment should
include but not be limited to, conventional methods of diagnosis and may include
non-conventional methods of diagnosis [
(A)
an appropriate medical history and physician
examination of the patient;
[(A)
adequate medical records as defined in §165.1
of this title (relating to Medical Records);]
(B)
[
(C)
[
(D)
[
[
(2)
Disclosure. Prior to rendering any complementary
or alternative treatment, the physician shall provide information to the patient
that includes the following with the disclosure documented in the patient's
records:
(A)
the objectives, expected outcomes, or goals of the proposed
treatment, such as functional improvement, pain relief, or expected psychosocial
benefit;
(B)
the risks and benefits of the proposed treatment;
(C)
the extent the proposed treatment could interfere with
any ongoing or recommended medical care;
(D)
a description of the underlying therapeutic basis or mechanism
of action of the proposed treatment purporting to have a reasonable potential
for therapeutic gain that is written in a manner understandable to the patient;
and
(E)
if applicable, whether a drug, supplement, or remedy employed
in the treatment is:
(i)
approved for human use by the U.S. Food and
Drug Administration (FDA);
(ii)
exempt from FDA preapproval under the Dietary
Supplement and Health Education Act (DSHEA); or
(iii)
a pharmaceutical compound not commercially
available and, therefore, is also an investigation article subject to clinical
investigation standards as discussed in paragraph (7) of this subsection.
(3)
Treatment Plan.
(A)
[
(B)
The treatment offered should:
(i)
have a favorable risk/benefit ratio compared to other treatments
for the same condition;
(ii)
be based upon a reasonable expectation that it will result
in a favorable patient outcome, including preventive practices; and
(iii)
be based upon the expectation that a greater benefit
for the same condition will be achieved than what can be expected with no
treatment.
(4)
[
[(4)
Complete and accurate records of the
care provided including the elements addressed in paragraph 1 (A)-(E) of this
section should be kept.]
(5)
Adequate Medical Records. In addition
to those elements addressed in paragraph (1)(A)-(D) of this section, a physician
implementing complementary and alternative therapies shall keep accurate and
complete medical records to include:
(A)
any diagnostic, therapeutic and laboratory results;
(B)
the results of evaluations, consultations and referrals;
(C)
treatments employed and their progress toward the stated
objectives, expected outcomes, and goals of the treatment;
(D)
the date, type, dosage, and quantity prescribed of any
drug, supplement, or remedy used in the treatment plan;
(E)
all patient instructions and agreements;
(F)
periodic reviews;
(G)
documentation of any communications with the patient's
concurrent healthcare providers informing them of treatment plans.
(6)
Therapeutic Validity All physicians must
be able to demonstrate the medical, scientific, or other theoretical principles
connected with any healthcare method offered and provided to patients.
(7)
Clinical Investigations. Physicians using
conventional medical practices or providing complementary and alternative
medicine treatment while engaged in the clinical investigation of new drugs
and procedures (a.k.a. medical research, research studies) are obligated to
maintain their ethical and professional responsibilities. Physicians shall
be expected to conform to the following ethical standards:
(A)
Clinical investigations, medical research, or clinical
studies should be part of a systematic program competently designed, under
accepted standards of scientific research, to produce data that are scientifically
valid and significant;
(B)
A clinical investigator should demonstrate the same concern
and caution for the welfare, safety and comfort of the patient involved as
is required of a physician who is furnishing medical care to a patient independent
of any clinical investigation; and
(C)
A clinical investigator must have patients sign informed
consent forms that are compliant with federal regulations, if applicable,
and that indicate that the patients understand that they are participating
in a clinical trial or investigational research.
(8)
[
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 April 14, 2003.
TRD-200302402
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Earliest possible date of adoption: May 25, 2003
For further information, please call: (512) 305-7016
Chapter 741.
SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
The State Board of Examiners for Speech-Language Pathology and Audiology
(board) proposes amendments to §§741.1, 741.12, 741.32, 741.41,
741.62, 741.65, 741.102, 741.112, 741.121, 741.161, 741.162, 741.163, 741.164,
741.191, 741.192, and 741.195; new 741.15 and repeal of 741.67, concerning
speech-language pathology and audiology. Specifically, the sections cover
definitions; committees; hearing screening; code of ethics; practice of interns
and assistants; fitting and dispensing of a hearing instrument; notary requirement
on forms; examination code; renewal procedures, including continuing education,
inactive status, and late renewal; basis and procedures for denial of license
and disciplinary actions; and schedule of sanctions. The new section covers
impartiality and nondiscrimination. The section being repealed covers the
limited license to practice speech-language pathology in the public schools
that is no longer valid.
The proposed amendments move the definition of an assistant in speech-language
pathology to §741.1 from §741.65; correct the definition of hearing
screening; define "under the direction of"; identify who may provide hearing
screening; require licensees to provide specified therapy in a safe environment
with appropriate equipment; expand misleading advertising to include advertising
audiological services when an audiologist is not readily available to assist
clients; establish supervisory responsibilities including experience required
and amount of supervision for interns and assistants; comply with requirements
of legislation, now codified in the Occupations Code, Chapter 401, passed
by the 77th Legislature, Regular Session, as Senate Bill (SB) 12 relating
to prohibition of discrimination based on the use of certain information in
the determination of eligibility for employment, an occupational license,
or insurance coverage, SB 700 relating to the suspension of a license for
failure to comply with the terms of a court order providing for the possession
of or access to a child, and certain sections of House Bill 2812 relating
to nonsubstantive additions to and corrections in enacted codes, to the nonsubstantive
codification or disposition of various laws omitted from enacted codes, and
to conform codifications enacted by the 76th Legislature to other Acts of
that legislature; establish the time frame for the board's designee to respond;
issue an intern license to doctoral students; establish procedures upon completion
of the internship; clarify core curriculum for applicants for the assistant
license; establish procedures to evaluate foreign-educated applicants; identify
procedures an assistant may not perform; specify that the physician should
preferably be one who specializes in diseases of the ear to coincide with
the federal Food and Drug Administration, 21 CFR, §801.420; require a
fitting and dispensing contract to include a specific date for when the client
must return the hearing instrument to qualify for a refund; remove notary
requirement from board forms; correct the reference code for examination reporting;
delete the renewal reference to the limited license; clarify that providing
false information and failure to respond timely to requests are grounds for
disciplinary action; clarify that it is the licensee's knowledge and service
delivery that are impacted by the continuing education event; clarify that
inactive status must be maintained or the license record will be deleted;
establish time frame for submission of renewal documentation before license
renewal is denied and the fee forfeited; identify which anonymous complaints
will not be investigated; and clarify the schedule of sanctions. Because of
the amendments the following sections were renumbered as required §§741.1,
741.41, 741.62, 741.65, 741.161, and 741.164. Editorial corrections were made
to §§741.12(a)(2), 741.32(a), 741.41(b)(11)(A) and (C), 741.41(d)(2),
741.41(d)(5), 741.41(e)(1)-(3), 741.41(j)(4), 741.41(k), 741.41(o), 741.62(i),
741.65(b)(2), 741.112(e)(5), 741.161(m), 741.162(o)(3), 741.192(q)(3) and
741.192(r). New §741.15 defines impartiality and nondiscrimination to
include genetic information or family health history. Section 741.67 is being
repealed because the license is no longer valid.
Dorothy Cawthon, Executive Secretary, has determined that for the first
five-year period the sections are in effect the only fiscal implications to
state government as a result of enforcing or administering the section would
be an increase in the amount of fees received for applicants for the intern
license. The exact amount cannot be determined because it is not known how
many doctoral students will seek the license. There are no anticipated fiscal
implications to local government as a result of enforcing or administering
the section as proposed.
Ms. Cawthon has also determined that for each year of the first five years
that the sections are in effect the public benefit anticipated as a result
of enforcing the sections will be to protect the safety and health of consumers
by requiring that licensees provide appropriate therapy in a safe environment
and ensuring that only qualified individuals are providing services under
appropriate supervision as required. The amendments to add the time frame
for when the board's designee will respond to a request and clarify core curriculum
will enable an applicant to understand the requirements and to better coordinate
submission of required documentation. The notary removal is necessary in anticipation
of online applications. The amendment relating to the statement signed by
a physician when a client wishes to purchase a hearing instrument identifies
that it is preferable that the physician specialize in diseases of the ear
but this may not always be the case. Current language may create an undue
expense for a client to see a specialist when the primary care physician could
determine the need for a hearing device. The Board has received numerous complaints
relating to the refund upon the return of a hearing instrument because the
consumers do not understand when the return must be made. By requiring that
the contract give a specific date, the consumer should be better informed.
Complaint investigation is costly and anonymous complaints without sufficient
information or documentation usually result in insufficient evidence. The
amendments to require timely submission of documentation, submitting false
information, and the schedule of sanctions will inform customers of possible
disciplinary action and the severity level of the violation.
There may be economic costs to micro-businesses and small businesses if
the business pays the cost of licensure for individuals seeking the intern
license or if a business must revise its contract. There will be economic
costs to an individual seeking the intern license because the application
and initial license fee of $70 is required, to a licensee who must forfeit
the fee of $40 for incomplete submission of late renewal documentation, or
to a licensee who must revise his or her contract relating to the sale of
a hearing instrument. It is not know what the cost to revise a contract may
be. There may be economic costs to an individual who wishes to supervise before
acquiring the necessary experience because some employers may pay a stipend
for this service. There should be no anticipated impact on local employment.
Comments on the proposal may be submitted to the Program Administrator,
State Board of Examiners for Speech-Language Pathology and Audiology, 1100
West 49th Street, Austin, Texas 78756-3183, telephone (512) 834-6627, fax
(512) 834-6786. Public comments will be accepted for 60 days following the
publication of the proposal in the
Texas Register
.
Subchapter A. DEFINITIONS
22 TAC §741.1
The amendment is proposed under Texas Occupations Code, §401.202,
which provides the State Board of Examiners for Speech-Language Pathology
and Audiology with the authority to adopt rules necessary to administer and
enforce the Texas Occupations Code, Chapter 401.
The amendment affects the Texas Occupations Code, Chapter 401.
§741.1.Definitions.
Unless the context clearly indicates otherwise, the words and terms
below shall have the following meanings. Also, refer to the Texas Occupations
Code, §401.001, for definitions of additional words and terms.
(1)
Assistant in Speech-Language
Pathology--An individual who provides speech language pathology support services
to clinical programs under supervision of a licensed speech-language pathologist.
(2)
[
(3)
[
(4)
[
(5)
[
(6)
[
(7)
[
(8)
[
(9)
[
(10)
[
(11)
Under the direction of--The
licensed speech-language pathologist or audiologist directly oversees the
services provided and accepts professional responsibility for the actions
of the personnel he or she agrees to direct.
(12)
[
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 April 14, 2003.
TRD-200302406
Cheryl Sancibrian
Presiding Officer
State Board of Examiners for Speech-Language Pathology and Audiology
Earliest possible date of adoption: May 25, 2003
For further information, please call: (512) 458-7236
22 TAC §741.12, §741.15
The amendment and new rule are proposed under Texas Occupations
Code, §401.202, which provides the State Board of Examiners for Speech-Language
Pathology and Audiology with the authority to adopt rules necessary to administer
and enforce the Texas Occupations Code, Chapter 401.
The amendment and new rule affect the Texas Occupations Code, Chapter 401.
§741.12.Committees.
(a)
The presiding officer may appoint board members to committees
to assist the board in its work. Other individuals may be appointed to committees.
Appointed committee members shall serve a two-year term. All committees shall
consist of no more than four members and shall make regular reports to the
board by interim written reports or at regular meetings. The board shall direct
all such reports to the executive secretary for distribution. Standing committees
may include:
(1)
(No change.)
(2)
rules [
(3)-(6)
(No change.)
(b)-(c)
(No change.)
§741.15.Impartiality and Nondiscrimination.
The board shall make no decision in the discharge of its statutory
authority with regard to any person's race, religion, color, gender, national
origin, age, disability, sexual orientation, genetic information, or family
health history.
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 April 14, 2003.
TRD-200302407
Cheryl Sancibrian
Presiding Officer
State Board of Examiners for Speech-Language Pathology and Audiology
Earliest possible date of adoption: May 25, 2003
For further information, please call: (512) 458-7236
22 TAC §741.32
The amendment is proposed under Texas Occupations Code, §401.202,
which provides the State Board of Examiners for Speech-Language Pathology
and Audiology with the authority to adopt rules necessary to administer and
enforce the Texas Occupations Code, Chapter 401.
The amendment affects the Texas Occupations Code, Chapter 401.
§741.32.Hearing Screening.
(a)
The board defined hearing screening as required by the
Texas Occupations Code, §401.052 and §401.053, in
§741.1(9)
[
(1)
individuals licensed under this title
[
(2)-(3)
(No change.)
(b)-(c)
(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 April 14, 2003.
TRD-200302408
Cheryl Sancibrian
Presiding Officer
State Board of Examiners for Speech-Language Pathology and Audiology
Earliest possible date of adoption: May 25, 2003
For further information, please call: (512) 458-7236
22 TAC §741.41
The amendment is proposed under Texas Occupations Code, §401.202,
which provides the State Board of Examiners for Speech-Language Pathology
and Audiology with the authority to adopt rules necessary to administer and
enforce the Texas Occupations Code, Chapter 401.
The amendment affects the Texas Occupations Code, Chapter 401.
§741.41.Code of Ethics.
(a)
A licensee or registrant shall:
(1)
insure a safe therapy environment;
(2)
provide services as specified
in the treatment plan, Individual Education Plan (IEP), or Individualized
Family Service Plans (IFSP);
(3)
[
(4)
[
(5)
[
(6)
ensure that all equipment used
is in proper working order and is properly calibrated;
(7)
[
(8)
[
(b)
A licensee or registrant shall not:
(1)
(No change.)
(2)
jeopardize a client's safety
by any inattentive behavior;
(3)
[
(A)
a reasonable statement of prognosis may be made; and
(B)
caution must be exercised not to mislead clients to expect
results that cannot be predicted from reliable evidence;
(4)
[
(5)
[
(6)
[
(7)
[
(8)
[
(9)
[
(10)
[
(11)
[
(A)
[
(B)
lack of accuracy in the performance description of a product
a licensee or registrant has developed; or
(C)
[
(12)
[
(13)
[
(c)
(No change.)
(d)
A licensee or registrant shall not present false, misleading,
deceptive, or not readily verifiable information relating to the services
of the licensee or registrant or any person supervised or employed by the
licensee or registrant which includes, but is not limited to:
(1)
advertising audiological services
when an audiologist is not readily available to assist clients;
(2)
[
(3)
[
(4)
[
(A)
any advertisement, announcement, or presentation;
(B)
any announcement of services;
(C)
letterhead or business cards;
(D)
commercial products;
(E)
billing statements;
(F)
facsimile broadcast; or
(G)
Internet website.
(5)
[
(A)
makes a material misrepresentation of fact or omits a fact
necessary to make the statement as a whole not materially misleading;
(B)
makes a representation likely to create an unjustified
expectation about the results of a health care service or procedure;
(C)
compares a health care professional's services with another
health care professional's services unless the comparison can be factually
substantiated;
(D)
contains a testimonial;
(E)
causes confusion or misunderstanding as to the credentials,
education, or licensure of a health care professional;
(F)
advertises or represents that health care insurance deductibles
or co-payments may be waived or are not applicable to health care services
to be provided if the deductibles or co-payments are required;
(G)
advertises or represents that the benefits of a health
benefit plan will be accepted as full payment when deductibles or co-payments
are required;
(H)
makes a representation that is designed to take advantage
of the fears or emotions of a particularly susceptible type of patient; and
(I)
advertises or represents in the use of a professional name,
a title, or professional identification that is expressly or commonly reserved
to or used by another profession or professional.
(e)
A licensee or registrant shall maintain accurate records
of professional services rendered
.
[
(1)
Records
[
(2)
Records
[
(3)
Records
[
(f)-(h)
(No change.)
(i)
Effective August 1, 2004, a
licensee must have three years of professional experience in providing direct
patient services in the area of licensure in order to supervise an intern
or assistant. The licensee's practice when completing the 36-week full time
internship may be counted toward the three years of experience. If the supervisor
does not have the required experience, he or she may submit a written request
outlining his or her qualifications and the reason for the request. The board's
designee shall evaluate the request and approve or disapprove it within 15
working days of receipt by the board.
(j)
[
(1)
ensure that all services provided are in compliance with
this chapter and the Texas Occupations Code, Chapter 401, such as verifying:
(A)
the intern or assistant holds a license;
(B)
the supervisor has been approved by the board office;
(C)
the scope of practice is appropriate; and
(D)
the intern or assistant is qualified to perform the procedure;
(2)
be responsible for all client services performed by the
intern or assistant;
(3)
provide appropriate supervision after the board office
approved the supervisory arrangement; and
(4)
limit the number of interns and assistants being supervised
in order to assure that the appropriate level of service is provided to the
client/patient in accordance with subsection
(b)(5)
[
(k)
[
(1)
be responsible for evaluations, interpretation, and case
management of the assistant's clients; and
(2)
not designate anyone other than a licensed speech-language
pathologist or intern in speech-language pathology to represent speech-language
pathology to an Admission, Review, and Dismissal (ARD).
(l)
[
(m)
[
(n)
[
(o)
[
(p)
[
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 April 14, 2003.
TRD-200302409
Cheryl Sancibrian
Presiding Officer
State Board of Examiners for Speech-Language Pathology and Audiology
Earliest possible date of adoption: May 25, 2003
For further information, please call: (512) 458-7236
22 TAC §741.62, §741.65
The amendments are proposed under Texas Occupations Code, §401.202,
which provides the State Board of Examiners for Speech-Language Pathology
and Audiology with the authority to adopt rules necessary to administer and
enforce the Texas Occupations Code, Chapter 401.
The amendments affect the Texas Occupations Code, Chapter 401.
§741.62.Requirements for an Intern in Speech-Language Pathology License.
(a)
(No change.)
(b)
In the event the course work and clinical experience set
out in subsection (a) of this section were earned more than 10 years before
the date of application for the intern license, the applicant shall submit
proof of current knowledge of the practice of speech-language pathology [
(c)-(d)
(No change.)
(e)
An applicant who has successfully
completed all academic and clinical requirements of §741.61(a)-(c) of
this title (relating to Requirements for a Speech-Language Pathology License),
but who has not had the degree officially conferred may be licensed as an
intern in order to begin the supervised professional experience. The applicant
shall submit an original or certified copy of a letter from the program director
or designee verifying the applicant is enrolled in a professionally recognized
accredited doctoral program as approved by the board and has met all academic
course work, clinical experience requirements, and completed a thesis or passed
a comprehensive examination, if required, but has not had the degree officially
conferred. This letter is in addition to transcripts required in subsection
(c) of this section.
(f)
[
(g)
[
(1)
Approval from the board office shall be required prior
to practice by the intern. The form shall be submitted upon:
(A)
application for a license;
(B)
license renewal;
(C)
changes in supervision; and
(D)
when other supervisors are added.
(2)
In the event more than one licensed speech-language pathologist
agrees to supervise the intern, the primary supervisor shall be identified
and separate forms submitted by each supervisor.
(3)
An intern may renew the license without submitting a new
form but may not practice.
(4)
In the event the supervisor ceases supervision of the intern,
the intern shall stop practicing immediately.
The board shall hold the
supervisor responsible for the practice of the intern until the supervisor
notifies the board, in writing, of the change in supervision.
(5)
Should the intern practice without approval from the board
office, disciplinary action shall be initiated against the intern. If the
supervisor had knowledge of this violation, disciplinary action against the
supervisor shall also be initiated.
(h)
[
(1)
begin within four years after the academic and clinical
experience requirements as required by subsection (a) of this section have
been met;
(2)
be completed within a maximum period of 36 months once
initiated;
(3)
consist of 36 weeks of full-time, or its part-time equivalent,
of supervised professional experience in which bona fide clinical work has
been accomplished in speech-language pathology. Full-time employment is defined
as a minimum of 30 hours per week in direct patient/client clinical work.
Part-time equivalent is defined as follows:
(A)
0-15 hours per week--no credit will be given;
(B)
15-19 hours per week for over 72 weeks;
(C)
20-24 hours per week for over 60 weeks; or
(D)
25-29 hours per week for over 48 weeks;
(4)
involve primarily clinical activities such as assessment,
diagnosis, evaluation, screening, treatment, report writing, family/client
consultation, and/or counseling related to the management process of individuals
who exhibit communication disabilities;
(5)
be divided into three segments with no fewer than 36 clock
hours of supervisory activities to include:
(A)
six face-to-face observations per segment by the board
approved supervisor of the intern's direct client contact at the worksite
in which the intern provides screening, evaluation, assessment, habilitation,
and rehabilitation; and
(B)
six other monitoring activities per segment with the board
approved supervisor which may include correspondence, review of videotapes,
evaluation of written reports, phone conferences with the intern, evaluations
by professional colleagues; and
(6)
not be initiated if other options to complete the supervisory
process set out in paragraph (5) of this section are requested unless approval
by the board's designee is granted. The supervisor shall provide a detailed
plan of supervision, in writing, with the request.
Within 15 working
days of receipt of the plan, the board's designee shall accept or reject the
plan.
(i)
[
(1)
should be revised or extended; and
(2)
whether additional course work, continuing professional
education hours, or passing the examination referenced in §741.121 of
this title (relating to Examination Administration) is required.
(j)
An intern who is employed full-time
as defined by subsection (h)(3) of this section and wishes to practice on
an as needed basis at an additional site, shall submit the intern plan and
agreement of supervision form. At the additional site, the intern shall receive
the minimum of one hour of face-to-face supervision and one hour of indirect
supervision per month.
(k)
[
(l)
[
(1)
If the intern changes his or her supervisor or adds additional
supervisors, a current intern plan and agreement of supervision form shall
be submitted by the new supervisor and approved by the board before the intern
may resume practice. A report of completed internship form shall be completed
by the past supervisor and intern and submitted to the board office upon completion
of that portion of the internship.
It is the decision of the supervisor
to determine whether the internship is acceptable.
The board office
shall evaluate the form and inform the intern of the results.
(2)
If the intern changes his or her employer but the supervisor
and the number of hours employed per week remain the same, the supervisor
shall submit a signed statement giving the name, address and phone number
of the new location.
(3)
If the number of hours worked per week changes but the
supervisor and the location remain the same, the supervisor shall submit a
signed statement giving the date the change occurred and the number of hours
per week the intern is now working. A report of completed internship form
shall be submitted for the past experience, clearly indicating the number
of hours worked per week.
(m)
[
(n)
[
(1)
a speech-language pathology license under §741.61
of this title if the intern passed the examination referenced in §741.121
of this title; or
(2)
a temporary certificate of registration under §741.66
of this title (relating to Requirements for a Temporary Certificate of Registration
in Speech-Language Pathology) if the intern has not passed the examination
referenced in §741.121 of this title.
(o)
[
(1)
The current supervisor shall submit a signed statement
agreeing to supervise the intern from the "Ending Date of Internship" as shown
on the report of completed internship form until the intern receives either
the speech-language pathology license or the temporary certificate of registration.
(2)
If the intern changes supervisors, the new supervisor shall
first submit the intern plan and agreement of supervision form and receive
board approval before the intern may resume practice.
(3)
Supervision required while
awaiting approval of either the speech-language pathology license or the temporary
certificate of registration shall be consistent with supervision requirements
established in subsection (h) of this section.
§741.65.Requirements for an Assistant in Speech-Language Pathology License.
(a)
An applicant for an assistant in speech-language pathology
license shall meet the requirements set out in the Texas Occupations Code, §401.312,
and this section within 10 years of the date of application for the assistant
license.
The applicant for the assistant license must:
(1)
possess a baccalaureate degree
with an emphasis in communicative sciences and disorders;
(2)
have acquired no fewer than
24 semester hours in speech-language pathology and/or audiology, at least
18 of which must be in speech-language pathology core curriculum as follows:
(A)
at least three semester hours in language disorders;
(B)
at least three semester hours in speech disorders;
and
(C)
excludes clinical experience and course work
such as special education, deaf education, or sign language; and
(3)
have earned no fewer than 25
hours of clinical observation in the area of speech-language pathology and
25 hours of clinical assisting experience in the area of speech-language pathology
obtained within an educational institution or in one of its cooperating programs.
[
[
[
[
(b)
[
(1)
Original or certified copy of transcripts shall be submitted
and reviewed as follows:
(A)
only course work completed within the past 10 years with
a grade of "C" or above is acceptable;
(B)
a quarter hour of academic credit shall be considered as
two-thirds of a semester credit hour; and
(C)
academic courses, the titles of which are not self-explanatory,
shall be substantiated through course descriptions in official school catalogs
or bulletins or by other official means.
(2)
In the event the course work and clinical experience set
out in subsection
(a)
[
(c)
[
(d)
Degrees and/or course work
received at foreign universities shall be acceptable only if such course work
and clinical practicum hours may be verified as meeting the requirements of
subsection (a) of this section. The applicant must bear all expenses incurred
during the procedure. The board's designee shall evaluate the documentation
within 15 working days of receipt of all documentation which shall include
an original report from a credential evaluation services agency acceptable
to the board.
(e)
(No change.)
(f)
A supervisory responsibility statement form shall be completed
and signed by both the applicant and the licensed speech-language pathologist
who agrees to assume responsibility for all services provided by the assistant.
Effective August 1, 2004, the supervisor shall have practiced for at least
three years and shall submit a signed statement verifying he or she has met
this requirement.
(1)-(3)
(No change.)
(4)
In the event the supervisor ceases supervision of the assistant,
the
supervisor shall notify the board, in writing, and shall inform the
assistant
to
[
(5)
(No change.)
(g)
A licensed speech-language pathologist shall assign duties
and provide appropriate supervision to the assistant.
(1)-(4)
(No change.)
(5)
An exception to paragraph (3) of this subsection may be
requested. The supervising speech-language pathologist shall submit a proposed
plan of supervision for review by the board's designee.
Within 15 working
days of receipt of the request, the board's designee shall accept or reject
the plan.
The plan shall be for not more than one year's duration and
shall include:
(A)-(F)
(No change.)
(6)
If the exception referenced in paragraph (5) of this subsection
is approved and the reason continues to exist, the licensed supervising speech-language
pathologist shall annually resubmit a request to be evaluated by the board's
designee.
Within 15 working days of receipt of the request, the Board's
designee shall approve or reject the plan.
(7)
Supervisory records shall be maintained by the licensed
speech-language pathologist which verify regularly scheduled monitoring, assessment,
and evaluation of the assistant's and client's performance. Such documentation
may be requested by the board.
(A)
An assistant may conduct assessments which includes data
collection, clinical observation and routine test administration if the assistant
has been appropriately trained and the assessments are conducted under the
direction of the supervisor.
An assistant may not conduct a test if the
test developer has specified that a graduate degreed examiner should conduct
the test.
(B)
(No change.)
(h)
Although the licensed supervising speech-language pathologist
may delegate specific clinical tasks to an assistant, the responsibility to
the client for all services provided cannot be delegated. The licensed speech-language
pathologist shall ensure that all services provided are in compliance with
this chapter.
(1)-(3)
(No change.)
(4)
Examples of duties which an assistant may be assigned by
the speech-language pathologist who agreed to accept responsibility for the
services provided by the assistant, provided appropriate training has been
received, are to:
(A)-(D)
(No change.)
(E)
administer routine tests as defined by the board
if the test developer does not specify a graduate degreed examiner and the
supervisor has determined the assistant is competent to perform the test
;
(F)-(H)
(No change.)
(5)
The assistant shall not:
(A)-(E)
(No change.)
(F)
design
or alter
a treatment program or individual
education plan (IEP);
(G)-(I)
(No change.)
(J)
use any title which connotes the competency of a licensed
speech-language pathologist; [
(K)
practice as an assistant in speech-language pathology without
a valid supervisory responsibility statement on file in the board office
;
[
(L)
perform invasive procedures;
(M)
screen or diagnose patient
or clients for feeding and swallowing disorders;
(N)
use a checklist or tabulated
results of feeding or swallowing evaluations;
(O)
demonstrate swallowing strategies
or precautions to patients, family, or staff;
(P)
provide patient or family counseling;
or
(Q)
write or sign any formal document
(e.g., treatment plans, diagnostic reports, reimbursement forms, reports).
(i)-(j)
(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 April 14, 2003.
TRD-200302410
Cheryl Sancibrian
Presiding Officer
State Board of Examiners for Speech-Language Pathology and Audiology
Earliest possible date of adoption: May 25, 2003
For further information, please call: (512) 458-7236
22 TAC §741.67
(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 State Board of Examiners for Speech-Language Pathology and Audiology or
in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos
Street, Austin.)
The repeal is proposed under Texas Occupations Code, §401.202,
which provides the State Board of Examiners for Speech-Language Pathology
and Audiology with the authority to adopt rules necessary to administer and
enforce the Texas Occupations Code, Chapter 401.
The repeal affects the Texas Occupations Code, Chapter 401.
§741.67.Requirements for a Limited License to Practice Speech-Language Pathology in the Public Schools.
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 April 14, 2003.
TRD-200302411
Cheryl Sancibrian
Presiding Officer
State Board of Examiners for Speech-Language Pathology and Audiology
Earliest possible date of adoption: May 25, 2003
For further information, please call: (512) 458-7236
22 TAC §741.102
The amendment is proposed under Texas Occupations Code, §401.202,
which provides the State Board of Examiners for Speech-Language Pathology
and Audiology with the authority to adopt rules necessary to administer and
enforce the Texas Occupations Code, Chapter 401.
The amendment affects the Texas Occupations Code, Chapter 401.
§741.102.General Practice Requirements of Audiologists and Interns in Audiology who Fit and Dispense Hearing Instruments.
In accordance with the Texas Occupations Code, §§401.401,
401.403, and 401.404, a licensed audiologist or licensed intern in audiology
registered to fit and dispense hearing instruments shall:
(1)-(2)
(No change.)
(3)
receive a written statement before selling a hearing instrument
that is signed by a licensed physician
preferably one
who specializes
in diseases of the ear and states that the client's hearing loss has been
medically evaluated during the preceding six-month period and that the client
may be a candidate for a hearing instrument. If the client is age 18 or over,
the registered audiologist or intern in audiology may inform the client that
the medical evaluation requirement may be waived as long as the registered
audiologist or intern in audiology:
(A)-(C)
(No change.)
(4)
inform the consumer of a hearing instrument by written
contract of a trial period of 30 consecutive days.
The contract shall
include a specific date by which the client must return the instrument to
qualify for a refund. If the date falls on a holiday, weekend, or a day the
business is not open, the effective date shall be the first day the business
reopens.
(A)-(B)
(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 April 14, 2003.
TRD-200302412
Cheryl Sancibrian
Presiding Officer
State Board of Examiners for Speech-Language Pathology and Audiology
Earliest possible date of adoption: May 25, 2003
For further information, please call: (512) 458-7236
22 TAC §741.112
The amendment is proposed under Texas Occupations Code, §401.202,
which provides the State Board of Examiners for Speech-Language Pathology
and Audiology with the authority to adopt rules necessary to administer and
enforce the Texas Occupations Code, Chapter 401.
The amendment affects the Texas Occupations Code, Chapter 401.
§741.112.Required Application Materials.
(a)
An applicant applying for a speech-language pathology or
audiology license under §741.61 of this title (relating to Requirements
for a Speech-Language Pathology License) or §741.81 of this title (relating
to Requirements for an Audiology License) shall submit the following:
(1)
an
[
(2)-(6)
(No change.)
(b)
An applicant applying for an intern in speech-language
pathology license under §741.62 of this title (relating to Requirements
for an Intern in Speech-Language Pathology License) or an intern in audiology
license under §741.82 of this title (relating to Requirements for an
Intern in Audiology License) shall submit the following:
(1)
an
[
(2)-(6)
(No change.)
(c)
An applicant who holds the American Speech-Language-Hearing
Association certificate of clinical competence applying for licensure under §741.63
of this title (relating to Waiver of Licensure for Speech-Language Pathologists)
or §741.83 of this title (relating to Waiver of Licensure for Audiologists)
shall submit the following:
(1)
an
[
(2)-(4)
(No change.)
(d)
An applicant applying for a speech-language pathology or
audiology provisional license under §741.64 of this title (relating to
Requirements for a Provisional Speech-Language Pathology License) or §741.84
of this title (relating to Requirements for a Provisional Audiology License)
shall submit the following:
(1)
an
[
(2)-(8)
(No change.)
(e)
An applicant applying for an assistant in speech-language
pathology license under §741.65 of this title (relating to Requirements
for an Assistant in Speech-Language Pathology License) or an assistant in
audiology license under §741.85 of this title (relating to Requirements
for an Assistant in Audiology License) shall submit the following:
(1)
an
[
(2)-(4)
(No change.)
(5)
an original board clinical observation and experience form
completed by the director or designee of the college or university training
program verifying the applicant completed the requirements set out in
§741.65(a)(3)
[
(6)
(No change.)
(f)
An applicant applying for a speech-language pathology temporary
certificate of registration under §741.66 of this title (relating to
Requirements for a Temporary Certificate of Registration in Speech-Language
Pathology) or an audiology temporary certificate of registration under §741.86
of this title (relating to Requirements for a Temporary Certificate of Registration
in Audiology) shall submit the following:
(1)
an
[
(2)-(6)
(No change.)
(g)
A licensed audiologist or licensed intern in audiology
who wishes to fit and dispense hearing instruments under §741.101 of
this title (relating to Requirements for Registration of Audiologists and
Interns in Audiology who Fit and Dispense Hearing Instruments) shall submit
the following:
(1)
an
[
(2)
(No change.)
(h)
An applicant for dual licenses in speech-language pathology
and audiology under §741.91 of this title (relating to Requirements for
Dual Licenses in Speech-Language Pathology and Audiology) shall submit separate
documentation and fees as follows:
(1)
an
[
(2)-(3)
(No change.)
(i)
An applicant who currently holds one license and wishes
to obtain dual licenses shall submit the following:
(1)
an
[
(2)-(3)
(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 April 14, 2003.
TRD-200302413
Cheryl Sancibrian
Presiding Officer
State Board of Examiners for Speech-Language Pathology and Audiology
Earliest possible date of adoption: May 25, 2003
For further information, please call: (512) 458-7236
22 TAC §741.121
The amendment is proposed under Texas Occupations Code, §401.202,
which provides the State Board of Examiners for Speech-Language Pathology
and Audiology with the authority to adopt rules necessary to administer and
enforce the Texas Occupations Code, Chapter 401.
The amendment affects the Texas Occupations Code, Chapter 401.
§741.121.Examination Administration.
(a)-(c)
(No change.)
(d)
An applicant shall indicate on the registration form the
Code
R8327
[
(e)-(f)
(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 April 14, 2003.
TRD-200302414
Cheryl Sancibrian
Presiding Officer
State Board of Examiners for Speech-Language Pathology and Audiology
Earliest possible date of adoption: May 25, 2003
For further information, please call: (512) 458-7236
22 TAC §§741.161 - 741.164
The amendments are proposed under Texas Occupations Code, §401.202,
which provides the State Board of Examiners for Speech-Language Pathology
and Audiology with the authority to adopt rules necessary to administer and
enforce the Texas Occupations Code, Chapter 401.
The amendments affect the Texas Occupations Code, Chapter 401.
§741.161.Renewal Procedures.
(a)-(j)
(No change.)
[
[
[
(k)
[
(1)
an original letter from the licensing board where he or
she currently holds a valid license verifying:
(A)
the area in which the license was issued;
(B)
the date of issue;
(C)
the expiration date of the license; and
(D)
whether derogatory information is on record;
(2)
a fee equal to the examination fee; and
(3)
proof of having earned at least ten approved continuing
education hours during the preceding 12 months.
(l)
[
(1)
a signed statement requesting renewal due to medical hardship;
(2)
an original letter signed by the licensee's physician stating
the licensee was unable to practice for at least six months during the renewal
period because of a physical or mental disability;
(3)
the completed, dated, and signed renewal form;
(4)
any approved continuing education hours earned during the
renewal period; and
(5)
the license renewal fee and the registration to fit and
dispense hearing instruments fee, if applicable.
(m)
[
(n)
[
(o)
Failure to timely furnish required
documentation or providing false information during the audit or renewal process
is grounds for disciplinary action against the licensee.
(p)
(No change.)
(q)
The board shall deny renewals
when subject to suspension
of license provision contained in
[
(r)-(v)
(No change.)
§741.162.Requirements for Continuing Professional Education.
(a)-(g)
(No change.)
(h)
University or college course work or events approved by
the American Medical Association in a related area as referenced in subsection
(e)(4) of this section may be approved if the activity furthers the
licensee's
knowledge of speech-language pathology or audiology or enhances
the licensee's
service delivery. A licensee shall contact the board
office for prior approval of such events by submitting a description of the
activity to the board office for review by the board's designee. In some instances
additional information may be required. Partial credit may be awarded.
(i)-(n)
(No change.)
(o)
The audit process shall be as follows.
(1)-(2)
(No change.)
(3)
Failure to timely furnish this information or
providing
[
§741.163.Inactive Status.
(a)-(f)
(No change.)
(g)
A late renewal penalty fee shall be assessed if the inactive
licensee fails to submit the board form and fee within the required time frames
stated in subsection (f) of this section. If the inactive licensee wishes
to practice, the license must first be renewed under §741.164 of this
title (relating to Late Renewal of a License).
If the licensee maintained
inactive status at a date that was one year after the expiration date of the
license, he or she shall be notified 45 days before a date that is two years
after the expiration date of the license, to return the form and fee to maintain
inactive status. If the inactive licensee fails to do so, the licensee's record
shall be deleted as defined in Texas Occupations Code, §401.352(c).
(h)-(m)
(No change.)
(n)
Failure to timely furnish information
or providing false information during this process is grounds for disciplinary
action against the licensee.
§741.164.Late Renewal of a License.
(a)-(g)
(No change.)
(h)
If additional documentation
is required, the request to renew the license shall remain open no longer
than 90 days following the date the board office received the initial request
to renew the license. If the documentation requested is not received before
the 90 days referenced, the request for late renewal of a license shall be
denied and the fee forfeited.
(i)
Failure to timely furnish information
or providing false information during the late renewal process are grounds
for disciplinary action.
(j)
[
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 April 14, 2003.
TRD-200302415
Cheryl Sancibrian
Presiding Officer
State Board of Examiners for Speech-Language Pathology and Audiology
Earliest possible date of adoption: May 25, 2003
For further information, please call: (512) 458-7236
22 TAC §§741.191, 741.192, 741.195
The amendments are proposed under Texas Occupations Code, §401.202,
which provides the State Board of Examiners for Speech-Language Pathology
and Audiology with the authority to adopt rules necessary to administer and
enforce the Texas Occupations Code, Chapter 401.
The amendments affect the Texas Occupations Code, Chapter 401.
§741.191.Basis for Denial, Probation, Suspension, or Revocation of a License or Registration.
(a)-(d)
(No change.)
(e)
The board shall suspend the license or registration upon
receipt of a final court or attorney general's order
when the licensee
or registrant is subject to suspension of license provision contained in the
Family Code, Chapter 232
[
(f)-(g)
(No change.)
§741.192.Procedures for Filing a Complaint and Denying, Suspending, or Revoking a License or Registration.
(a)
(No change.)
(b)
An individual shall report a complaint by notifying the
executive secretary, 1100 West 49th Street, Austin, Texas 78756-3183, telephone
1-800-942-5540 or (512) 834-6627.
(1)
The initial notification of a complaint may be in writing,
by telephone, or by personal visit to the board office.
Anonymous complaints
received without sufficient information or supporting documentation will not
be investigated.
(2)
(No change.)
(c)-(l)
(No change.)
(m)
On receipt of a final court or attorney general's order
suspending a license
when the licensee or registrant is subject to suspension
of license provision contained in the Family Code, Chapter 232
[
(1)-(6)
(No change.)
(n)-(p)
(No change.)
(q)
If a license or registration suspension is probated, the
board may require the license or registration holder to:
(1)-(2)
(No change.)
(3)
continue
to
[
(r)
The executive secretary shall monitor each license or registration
holder
against whom a board order is issued to ascertain that the licensee
performs the required acts. Any failure to meet the conditions shall be reported
to the complaints committee for review. The complaints committee may consider
more severe disciplinary proceedings if non-compliance occurs.
(s)-(u)
(No change.)
§741.195.Schedule of Sanctions.
(a)-(b)
(No change.)
(c)
Severity levels shall be categorized by one of the following
severity levels:
(1)
severity level I -
violations that have, had, or may
have an adverse impact on the health or safety of a client to include serious
harm, permanent injury, or death to a client and may result in revocation
of the license
[
(2)
severity level II -
violations that have, had, or
may have an adverse impact on the health and safety of a client but less serious
than level I and may result in suspension of the license
[
(3)
severity level III -
violations that have, had, or
may have a minor health or safety significance or flagrant or repeated violations
of the Act and/or Board Rules and may result in probated suspension of the
license
[
(4)
severity level IV -
violations that have, had, or
may have more than minor significance, but if left uncorrected, could lead
to more serious circumstances and may result in a Board issued reprimand
[
(5)
severity level V -
violations that are minor infractions
and may result in a warning or information letter
[
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 April 14, 2003.
TRD-200302416
Cheryl Sancibrian
Presiding Officer
State Board of Examiners for Speech-Language Pathology and Audiology
Earliest possible date of adoption: May 25, 2003
For further information, please call: (512) 458-7236
Chapter 851.
TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING RULES
Subchapter A. LICENSING
, and a licensee shall not practice in a facility that
does not have a current, valid license
].
Practicing chiropractic in a facility with an expired
facility license constitutes practicing chiropractic without a license. A
licensee shall not practice chiropractic in such facility until the facility
license is renewed.
]
(b)
]
A facility with an expired license that continues
to provide chiropractic services shall be subject to the maximum sanctions
for practicing without a chiropractic license.
(c)
] No facility owner or employee,
other than the primary treating doctor of chiropractic, shall control or attempt
to control, in any way whatsoever, the professional judgment of such treating
doctor with respect to patient care and treatment.
(d)
] A facility shall maintain
a current street address with the board. A different mailing address may be
provided in addition to the street address. A facility shall notify the board,
in writing, of any change in street or mailing address or ownership within
30 days of the change. The notification shall be signed by the owner or authorized
representative of the facility and must include the facility license number.
Chapter 75.
RULES OF PRACTICE
Part 9.
TEXAS STATE BOARD OF MEDICAL EXAMINERS
Chapter 175.
FEES, PENALTIES, AND APPLICATIONS
.
]
.
]
Chapter 179.
INVESTIGATION FILES
Texas Civil Statutes, Article 4495b,
] and no employee, agent, or member
of the board may disclose information contained in such files except in the
following circumstances:
conduct
] of the investigation.
§5.05
], the licensee shall
furnish to the board the following information within two weeks of the date
of receipt of the board's request for said information:
Texas Civil Statutes, Article 4495b
],
an impaired physician is considered to be one who is unable to practice medicine
with reasonable skill and safety to patients by reason of age, illness, drunkenness,
excessive use of drugs, narcotics, chemicals, or any other type of material;
or as a result of any mental or physical condition.
Board
] under this section, a physician
or license holder of the
board
[
Board
] shall respond
in writing to all written
board
[
Board
] requests for
information within 30 days of receipt of such request. Failure to timely respond
may be grounds for disciplinary action by the
board
[
Board
].
Texas Civil Status, Article 4495b, 5.06(b)
], must contain
the results and circumstances of the professional review action. Such results
and circumstances shall include:
Texas Civil Statutes, Article 4495b, 5.06(d)
], indicating that a physician's, physician assistant's, [
or
]
acupuncturist's
, or surgical assistant's
practice poses a continuing
threat to the public welfare shall include a narrative statement describing
the time, date, and place of the acts or omissions on which the report is
based
; and
[
.
]
or
] acupuncturist's
, or surgical assistant's
practice,
constitutes a continuing threat to the public welfare shall be made to the
board as soon as possible after the peer review committee, physician, physician
assistant, acupuncturist, medical student, physician assistant student, [
or
] acupuncture student
, surgical assistant, surgical assistant
student, nurse or surgical technologist
involved reaches that conclusion
and is able to assemble the relevant information.
Chapter 183.
ACUPUNCTURE
shall meet at least four times
] a year to carry out the mandates of
the Act.
;
].
At least five of the required hours shall be from courses in herbology.
]
two hours
] of the required
hours
shall
[
hall
] be from
a course
[
courses
] in ethics.
Chapter 185.
PHYSICIAN ASSISTANTS
shall meet at least four times
] a year
to carry out the mandates of the [
Physician Assistant Licensing
]
Act.
agency
]. The supervision
of physician assistants must comply with all institutional rules and there
must be accurate and timely internal institutional records, which are available
upon request within 24 hours to the
Texas State Board of Medical Examiners
[
agency
], which list the name and license number of the
physician who is specifically assigned to actively supervise each physician
assistant at one of the following institutions:
(e)
] The provisions of subsections
(a)
,
[
and
] (d)
, and (e)
of this section relating
to the number of physician assistants authorized to be supervised shall not
be interpreted to change or modify rules or statutes relating to the number
of physician assistants to whom prescriptive authority may be delegated.
Chapter 187.
PROCEDURAL RULES
During the ISC, the board's legal counsel shall be
present to advise the board representatives or the board's employees.
]
A board attorney shall be designated as Counsel to the panel and shall be
present during the hearing and deliberations by the panel and shall advise
the panel on all legal issues that arise during the hearing including objections
to evidence and other evidentiary matters. The Counsel to the Panel shall
be permitted to ask questions of witnesses, the board staff, the attorney
for the licensee and other participants in the hearing.
Subchapter F. TEMPORARY SUSPENSION PROCEEDINGS
Chapter 200.
STANDARDS FOR PHYSICIANS PRACTICING COMPLEMENTARY AND ALTERNATIVE MEDICINE Integrative and ] Complementary and Alternative Medicine.
integrative or
] complementary
or alternative
medicine,
unless it can be demonstrated that such method has a safety risk for the patient
that is unreasonably greater than the conventional treatment for the patient's
medical condition. The Texas State Board of Medical Examiners will use the
following guidelines to determine whether a physician's conduct violates the
Medical Practice Act,
§§164.051-.053
[
§§3.08(4),
3.08(4)(E), and 3.08(18)
] in regard to providing complementary and
alternative
[
integrative
] medical treatment.
and shall be documented in the
patient's chart
]. Such assessment shall
be documented in the patient's
medical record and be based on performance and review of
[
include
] the following listed in subparagraphs (A)-
(D)
[
(E)
] of this paragraph:
documentation as to whether
]
the
conventional
medical treatment options [
have been
]
to be
discussed
with the patient and referral input, if necessary;
documentation as to whether
]
any prior
conventional medical
treatments attempted and the outcomes obtained
or
[
options have been tried, and if so, to what effect or a statement
as to
] whether conventional options have been refused by the patient;
if a treatment is offered which is not considered
to be conventional, documentation of at least a verbal informed consent for
each treatment plan must be included (including documentation that the risks
and benefits of the use of the treatment were discussed with the patient or
guardian);
]
(E)
documentation as to
] whether the
complementary health care therapy could interfere with any other
recommended
or
ongoing [
conventional
] treatment.
(2)
] The physician may offer the
patient complementary
or alternative
[
and integrative
]
treatment pursuant to a documented treatment plan tailored for the individual
needs of the patient by which treatment progress or success can be evaluated
with stated objectives such as pain relief and/or improved physical and/or
psychosocial function. Such a documented treatment plan shall consider pertinent
medical history, previous medical records and physical examination, as well
as the need for further testing, consultations, referrals, or the use of other
treatment modalities.
(3)
]
Periodic Review of Treatment.
The physician may use the treatment subject to documented periodic
review of the patient's care by the physician at reasonable intervals
. The physician shall evaluate the patient's progress under the treatment
prescribed, ordered or administered, as well as any new information about
etiology of the complaint in determining whether treatment objectives are
being adequately met.
[
in view of the individual circumstances
of the patient in regard to progress toward reaching treatment objectives
which takes into consideration the treatment prescribed, ordered or administered,
as well as any new information about the etiology of the complaint.
]
(5)
] If the provisions set out
in paragraphs (1)-
(5)
[
(4)
] of this section are met,
and if all treatment is properly documented, the board will presume such practices
are in conformity with the Medical Practice Act,
§§164.051-.053
[
§§3.08(4), 3.08(4)(E), and 3.08(18)
].
Part 32.
STATE BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY
(1)
] Delegation--The supervisor
of an assistant may delegate certain services to the assistant; however, the
supervisor is ultimately responsible for all services provided.
(2)
] Dispense--To provide or deliver,
directly or indirectly, by U.S. Postal Service or any commercial delivery
service.
(3)
] Ear specialist--A licensed
physician who specializes in diseases of the ear and is medically trained
to identify the symptoms of deafness in the context of the total health of
the patient, and is qualified by special training to diagnose and treat hearing
loss. Such physicians are also known as otolaryngologists, otologists, and
otorhinolaryngologists.
(4)
] Extended absence--More than
two consecutive working days for any single continuing education experience.
(5)
] Extended recheck--Starting
at 40 dB and going down by 10 dB until no response is obtained or until 20
dB is reached and then up by 5 dB until a response is obtained. The frequencies
to be evaluated are 1,000, 2,000, and 4,000 hertz (Hz).
(6)
] Health care professional--An
individual required to be licensed or registered under Texas Occupations Code,
Chapter 401, or any person licensed, certified, or registered by the state
in a health-related profession.
(7)
] Hearing instrument--A device
designed for, offered for the purpose of, or represented as aiding persons
with or compensating for, impaired hearing.
(8)
] Hearing screening--A
test
[
manually
] administered [
individual pure-tone air
conduction screening
] with pass/fail results for the purpose of rapidly
identifying those persons with possible hearing impairment which has the potential
of interfering with communication.
(9)
] Sale or purchase--Includes
the sale, lease or rental of a hearing instrument to a member of the consuming
public who is a user or prospective user of a hearing instrument.
(10)
] Used hearing instrument--A
hearing instrument that has been worn for any period of time by a user. However,
a hearing instrument shall not be considered "used" merely because it has
been worn by a prospective user as a part of a bona fide hearing instrument
evaluation conducted to determine whether to select that particular hearing
instrument for that prospective user, if such evaluation has been conducted
in the presence of the dispenser or a hearing instrument health professional
selected by the dispenser to assist the buyer in making such a determination.
Subchapter B. THE BOARD
changes
];
Subchapter C. SCREENING PROCEDURES
§741.1(7)
] of this title (relating to Definitions)
and may be performed by:
licensed speech-language pathologists
];
Subchapter D. THE STANDARDS OF PROFESSIONAL AND ETHICAL CONDUCT
(1)
] seek appropriate medical consultation
whenever indicated;
(2)
] seek to identify competent,
dependable referral sources for clients;
(3)
] maintain objectivity in all
matters concerning the welfare of the client;
(4)
] terminate a professional relationship
when it is reasonably clear that the client is not benefiting from the services
being provided; and
(5)
] provide accurate information
to clients and the public about the nature and management of communicative
disorders and about the profession and the services rendered.
(2)
] guarantee, directly or by
implication, the results of any therapeutic procedures as follows:
(3)
] delegate any service requiring
professional competence of a licensee or registrant to anyone not licensed
or registered for the performance of that service;
(4)
] provide services if the services
cannot
[
can not
] be provided with reasonable skill or safety
to the client;
(5)
] provide any services which
create an unreasonable risk that the client may be mentally or physically
harmed;
(6)
] engage in sexual contact,
including intercourse, kissing or fondling, with a client or an assistant,
intern, or student supervised by the licensee or registrant;
(7)
] use alcohol or drugs when
the use adversely affects or could adversely affect the licensee's or registrant's
provision of professional services;
(8)
] evaluate or treat speech,
language, or hearing disorders solely by correspondence;
(9)
] reveal, without authorization,
any professional or personal information about the person served professionally,
unless required by law to do so, or unless doing so is necessary to protect
the welfare of the person or of the community;
(10)
] participate in activities
that constitute a conflict of professional interest which may include the
following:
the
] exclusive recommendation of a product
that the individual owns or has produced;
the
] restriction of freedom of choice for sources
of services or products;
(11)
] use his or her professional
relationship with a client, intern, assistant, or student to promote for personal
gain or profit any item, procedure, or service unless the licensee or registrant
has disclosed to the client, intern, assistant, or student the nature of the
licensee's or registrant's personal gain or profit; and
(12)
] misrepresent his or her
training or competence.
(1)
]
using
[
use
of
] professional or commercial affiliations in any way that would mislead
clients or the public;
(2)
] presenting false, misleading,
or deceptive information in connection with an application by the licensee
or registrant for a license issued under the Texas Occupations Code, Chapter
401, or for employment to provide speech-language pathology or audiology services;
(3)
] presenting false, misleading,
or deceptive information relating to the following:
(4)
] presenting false, misleading,
or deceptive advertising that is not readily subject to verification including
any manner of communication referenced in paragraph
(4)
[
(3)
] of this subsection and advertising that:
as follows:
]
records
] must be maintained
for seven consecutive years
.
[
;
]
records
] are the responsibility
and property of the entity or individual who owns the practice or the practice
setting
.
[
; and
]
records
] created as a result
of treatment in a school setting shall be maintained as part of the student's
permanent school record.
(i)
] A supervisor of an intern
or assistant shall:
(b)(4)
] of this section,
§741.62(g)
[
§741.62(f)
] of this title (relating to Requirements for an Intern in Speech-Language
Pathology License), §741.65(g)-(h) of this title (relating to Requirements
for an Assistant in Speech-Language Pathology License), §741.82(f) of
this title (relating to Requirements for an Intern in Audiology License),
and §741.85(g)-(h) of this title (relating to Requirements for an Assistant
in Audiology License). The supervisor shall be responsible for all clients/patients
who are receiving services from the intern or assistant he or she is supervising.
(j)
] In addition to the provisions
listed in subsection
(j)
[
(i)
] of this section, a supervisor
of an assistant shall:
(k)
] A licensed intern or assistant
shall abide by the decisions made by the supervisor relating to the intern's
or assistant's scope of practice. In the event the supervisor requests that
the intern or assistant violate this chapter; the Texas Occupations Code,
Chapter 401; or any other law, the intern or assistant shall refuse to do
so and immediately notify the board office and any other appropriate authority.
(l)
] A licensee or registrant shall
not intentionally or knowingly offer to pay or agree to accept any remuneration
directly or indirectly, overtly or covertly, in cash or in kind, to or from
any person, firm, association of persons, partnership, or corporation for
securing or soliciting patients or patronage for or from any health care professional.
The provisions of the Health and Safety Code, §161.091, concerning the
prohibition of illegal remuneration apply to licensees.
(m)
] A licensee or registrant who
provides direct patient care shall comply with the Health and Safety Code,
Chapter 85, Subchapter I, concerning the prevention of the transmission of
HIV or Hepatitis B virus by infected health care workers.
(n)
] A licensee or registrant shall
be subject to disciplinary action by the board if the licensee or registrant
is issued a
written
[
public letter of
] reprimand, is
assessed a civil penalty by a court, or has an administrative penalty imposed
by the attorney general's office under the Texas Code of Criminal Procedure,
Article 56.31, relating to the Crime Victims Compensation Act.
(o)
] A licensee's or registrant's
renewal shall be subject to
suspension of license provision contained
in
the Family Code, Chapter 232 [
concerning failure to pay child
support
].
Subchapter E. REQUIREMENTS FOR LICENSURE AND REGISTRATION OF SPEECH-LANGUAGE PATHOLOGISTS
to be evaluated by the board's designee
].
Within 15 working days
of receipt of the request, the board's designee shall evaluate the documentation
and shall approve the application, request additional documentation, or require
that additional coursework or continuing professional education be earned.
If an applicant is required to earn additional course work or continuing
professional education hours, §741.193 of this title (relating to Formal
Hearings; Surrender of License or Registration) shall not apply.
If necessary,
the
[
The
] applicant may reapply for the license when the
requirements of this section are met.
(e)
] An applicant whose master's
degree is received at a college or university accredited by the American Speech-Language-Hearing
Association Council on Academic Accreditation will receive automatic approval
of the course work and clinical experience if the program director or designee
verifies that all requirements as outlined in §741.61(a)-(c) of this
title have been met and review of the transcript shows that the applicant
has successfully completed at least 24 semester credit hours acceptable toward
a graduate degree in the area of speech-language pathology with six hours
in audiology.
(f)
] An intern plan and agreement
of supervision form shall be completed and signed by both the applicant and
the licensed speech-language pathologist who agrees to assume responsibility
for all services provided by the intern. The supervisor shall hold a valid
Texas license in speech-language pathology and possess
at least
a
master's degree with a major in one of the areas of communicative sciences
and disorders.
In addition, effective August 1, 2004, the supervisor
shall have practiced speech-language pathology for at least three years and
shall submit a signed statement verifying he or she has met this requirement.
(g)
] The internship shall:
(h)
] An applicant who does not
meet the time frames defined in subsection
(h)(1)-(2)
[
(g)(1)-(2)
] of this section shall request an extension, in writing, explaining
the reason for the request.
The request must be signed by both the intern
and the supervisor. Within 15 working days of receipt of the request, the
[
(The)
] board's designee shall determine if the internship:
(i)
] During each segment of the
internship, the primary supervisor shall conduct a formal evaluation of the
intern's progress in the development of professional skills. Documentation
of this evaluation shall be maintained by both parties for three years or
until the speech-language pathology license is granted. The board may request
a copy of this documentation.
(j)
] Prior to implementing changes
in the internship, approval from the board office is required.
(k)
] Any reference to the licensee's
title shall state clearly that the license status is that of an intern in
speech-language pathology.
(l)
]
If the intern wishes
to continue to practice, within 60 days of completion of the
[
An intern who completed the
] 36 weeks of full-time, or its part-time
equivalent, of supervised professional experience as defined in subsection
(h)
[
(g)
] of this section
, the intern
[
and
wishes to continue to practice,
] shall apply for either:
(m)
] The intern may continue to
practice under supervision if he or she holds a valid intern license while
awaiting the processing of the speech-language pathology license or the temporary
certificate of registration in speech-language pathology as follows:
(b)
An assistant is an individual
who provides speech-language pathology support services to clinical programs
under supervision of a licensed speech-language pathologist and meets the
following requirements:]
(1)
possesses a baccalaureate degree with an emphasis
in communicative sciences and disorders;]
(2)
acquired no fewer than 24 semester hours in
speech-language pathology and/or audiology, at least 18 of which must be in
speech-language pathology core curriculum and excludes clinical experience
and course work such as special education, deaf education, or sign language;
and]
(3)
earned no fewer than 25 hours of clinical observation
in the area of speech-language pathology and 25 hours of clinical assisting
experience in the area of speech-language pathology obtained within an educational
institution or in one of its cooperating programs.]
(c)
] The baccalaureate degree shall
be completed at a college or university which has a program accredited by
the American Speech-Language-Hearing Association Council on Academic Accreditation
or holds accreditation or candidacy status from a recognized regional accrediting
agency.
(b)
] of this section were earned
more than 10 years before the date of application for the assistant license,
the applicant shall submit proof of current knowledge of the practice of speech-language
pathology to be evaluated by the board's designee.
Within 15 working
days of receipt, the board's designee shall evaluate the documentation and
shall either approve the application, request additional documentation, or
require that additional coursework or continuing professional education be
earned.
If an applicant is required to earn additional course work or
continuing professional education hours, §741.193 of this title (relating
to Formal Hearings; Surrender of License or Registration) shall not apply.
If necessary, the
[
The
] applicant may reapply for the license
when the requirements of this section are met.
(d)
] An applicant who possesses
a baccalaureate degree with a major that is not in communicative sciences
and disorders may qualify for the assistant license. The board's designee
shall evaluate transcripts on a case-by-case basis to ensure equivalent academic
preparation and shall determine if the applicant satisfactorily completed
24 graduate hours in communicative sciences or disorders which may include
some leveling hours.
Within 15 working days of receipt, the board's designee
shall approve the application, request additional documentation, or require
that additional coursework or continuing professional education be earned.
If an applicant is required to earn additional coursework or continuing professional
education hours, §741.193 of this title (relating to Formal Hearings;
Surrender of License or Registration) shall not apply. If necessary, the applicant
may reapply for the license when the requirements of this section are met.
shall
] stop practicing immediately.
The board shall hold the supervisor responsible for the practice of the assistant
until written notification has been received in the board office.
or
]
.
]
Subchapter H. FITTING AND DISPENSING OF HEARING INSTRUMENTS
Subchapter I. APPLICATION PROCEDURES
a completed,
] original board
application form including disclosure of the applicant's social security number
completed, signed and dated
[
and the applicant's dated signature
notarized
] within the past 60 days;
a completed,
] original board
application form including disclosure of the applicant's social security number
completed, signed and dated
[
and the applicant's dated signature
notarized
] within the past 60 days;
a completed,
] original board
application form including disclosure of the applicant's social security number
completed, signed and dated
[
and the applicant's dated signature
notarized
] within the past 60 days;
a completed,
] original board
application form including disclosure of the applicant's social security number
completed, signed and dated
[
and the applicant's dated signature
notarized
] within the past 60 days;
a completed,
] original board
application form including disclosure of the applicant's social security number
completed, signed and dated
[
and the applicant's dated signature
notarized
] within the past 60 days;
§741.65(b)(3)
] of this title or §741.85(b)(3)
of this title; and
a completed,
] original board
application form including disclosure of the applicant's social security number
completed, signed and dated
[
and the applicant's dated signature
notarized
] within the past 60 days;
a completed,
] original board
registration form including disclosure of the applicant's social security
number
completed, signed and dated
[
and the applicant's dated
signature notarized
] within the past 60 days; and
a completed,
] original board
application form including disclosure of the applicant's social security number
completed, signed and dated
[
and the applicant's dated signature
notarized
] within the past 60 days requesting both licenses;
a completed,
] original board
application form including disclosure of the applicant's social security number
completed, signed and dated
[
and the applicant's dated signature
notarized
] within the past 60 days requesting the other license;
Subchapter J. LICENSURE EXAMINATIONS
#8327
] assigned to the board so that the
applicant's test score will be sent to the board.
Subchapter L. LICENSE AND REGISTRATION RENEWAL
(k)
A limited license to practice
speech-language pathology in the public schools issued under the Texas Occupations
Code, §401.314, shall be renewed as follows.]
(1)
The applicant who met the requirements referenced
in the Texas Occupations Code, §401.314(a), shall renew the license under
subsection (g) of this section.]
(2)
The applicant who met the requirements referenced
in the Texas Occupations Code, §401.314(b), shall renew the license under
subsection (g) of this section if an original transcript showing completion
of 12 semester hours of course work in communicative sciences and disorders
with a grade of at least a "C" or above as required by the Texas Occupations
Code, §401.314(c), is also submitted.]
(l)
] An individual who meets the
requirements set out in the Texas Occupations Code, §401.353, and wishes
to renew the expired license shall submit his or her request, in writing,
with the following:
(m)
] A licensee may renew the license
under the Texas Occupations Code, §401.354, after expiration of the 60-day
grace period without a late renewal penalty fee being assessed due to a medical
hardship whether or not the licensee met the requirements of §741.162
of this title. If the following is submitted and found acceptable by the board
office, the license shall be renewed; however the original effective date
of the license shall be changed to reflect the postmarked date of the last
item required for approval:
(n)
] A licensee may petition the
board if the licensee does not meet the requirements of subsection
(l)
[
(m)
] of this section but believes he or she has a valid
medical reason for the late renewal. The petition shall be reviewed by the
board's designee
within 15 working days of receipt of the request
.
(o)
] The board shall monitor a
licensee's compliance with the continuing education requirements by the use
of a random audit. In the event the licensee has been selected for an audit
to verify compliance with the continuing education requirement as described
in §741.162 of this title, the license shall not be renewed until the
licensee submits acceptable proof of having earned the required continuing
education hours. If this documentation is not received or found unacceptable,
the licensee shall be notified by the board office of the deficiency.
pursuant to
] the Family
Code, Chapter 232 [
, concerning failure to pay child support
].
knowingly provide
] false information during the audit [
process
] or [
the
] renewal process are grounds for disciplinary
action against the licensee.
(h)
] If the board office approves
the request for late renewal of a license, active status shall begin on the
date of approval. The licensee shall earn continuing education hours as required
by §741.162 of this title in order to renew the license upon expiration.
Subchapter N. DENIAL, PROBATION, SUSPENSION, OR REVOCATION OF LICENSURE OR REGISTRATION
suspending a license due to failure to
pay child support
].
due to failure to pay child support
], the executive secretary shall
immediately determine if the board has issued a license or registration to
the individual named on the order. If a license or registration has been issued,
the executive secretary shall:
or
] review continuing
professional education until the license or registration holder attains a
degree of skill satisfactory to the board in those areas that are the basis
of the probation.
violations that are most significant and have a
direct negative impact upon the health, safety or welfare of the public
];
violations
that are very significant and have impact upon the health, safety or welfare
of the public
];
violations that are significant and which, if not corrected,
could threaten the health, safety or welfare of the public
];
violations that are of more than minor significance, but if left uncorrected,
could lead to more serious circumstances
]; and
violations that
are minor infractions
].
Part 39.
TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS