Part 9.
TEXAS STATE BOARD OF MEDICAL EXAMINERS
Chapter 163.
LICENSURE
22 TAC §§163.1 - 163.7, 163.11, 163.12
The Texas State Board of Medical Examiners adopts amendments
to §§163.1-163.7, 163.11 and 163.12, concerning Licensure. Sections
163.1-163.3, 163.5-163.7, 163.11 and 163.12 are adopted without changes to
the proposed text as published in the February 27, 2004, issue of the
The adoption concerns eligibility for licensure and general clean up of
the rules.
Elsewhere in this issue of the
Texas Register
, the Texas State Board of Medical Examiners adopts the rule review
of Chapter 163.
One comment was received from the Texas Medical Association which stated
that the Board rule would cause "inappropriate delegation of power to another
State's agency," as it relates to the acceptance of medical schools. The Board
disagreed because it maintains that the applicant has ample opportunity to
prove that their medical school training is equivalent. In addition, the Board
is the final authority in these matters.
Section 163.4 is adopted with a minor change to correct a reference in
subsection (a)(8)(A). The word "Accrediting" should be "Accreditation."
The amendments are adopted 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.
§163.4.Procedural Rules for Licensure Applicants.
(a)
All applicants for licensure:
(1)
if appropriate, are encouraged to use the Federation Credentials
Verification Service (FCVS) offered by the Federation of State Medical Boards
of the United States (FSMB) to verify medical education, postgraduate training,
licensure examination history, board action history and identity;
(2)
whose applications have been filed with the board in excess
of one year will be considered expired. Any fee previously submitted with
that application shall be forfeited. Any further request for licensure will
require submission of a new application and inclusion of the current licensure
fee;
(3)
who in any way submit a false or misleading statement,
document, or certificate in an application may be required to appear before
the board. It will be at the discretion of the board whether or not the applicant
will be issued a Texas license;
(4)
on whom adverse information is received by the board may
be required to appear before the board. It will be at the discretion of the
board whether or not the applicant will be issued a Texas license;
(5)
shall be required to comply with the board's rules and
regulations which are in effect at the time the application form and fee are
filed with the board;
(6)
may be required to sit for additional oral, written, mental
or physical examinations that, in the opinion of the board, are necessary
to determine competency and ability of the applicant;
(7)
must have the application for licensure complete in every
detail 20 days prior to the board meeting in which they are considered for
licensure. Applicants with complete applications may qualify for a Temporary
License prior to being considered by the board for licensure, as required
by section §163.7 of this title (relating to Temporary Licensure - Regular);
and
(8)
that receive any medical or osteopathic medical education
in the United States must have obtained such education while enrolled as a
full-time or visiting student at a medical school that is accredited by an
accrediting body officially recognized by the United States Department of
Education as the accrediting body for medical education leading to the doctor
of medicine degree or the doctor of osteopathy degree in the United States.
This subsection does not apply to postgraduate medical education or training.
An applicant who is unable to comply with this requirement must demonstrate
that the applicant either:
(A)
received such medical education in a hospital or teaching
institution sponsoring or participating in a program of graduate medical education
accredited by the Accreditation Council for Graduate Medical Education, the
American Osteopathic Association, or the Texas State Board of Medical Examiners
in the same subject as the medical or osteopathic medical education if the
hospital or teaching institution has an agreement with the applicant's school;
or
(B)
is specialty board certified by a board approved by the
Bureau of Osteopathic Specialists or the American Board of Medical Specialties.
(b)
Applicants for a license must subscribe to an oath in writing.
The written oath is part of the application.
(c)
An applicant is not eligible for a license if:
(1)
the applicant holds a medical license that is currently
restricted for cause, canceled for cause, suspended for cause, or revoked
by a state of the United States, a province of Canada, or a uniformed service
of the United States;
(2)
an investigation or a proceeding is instituted against
the applicant for the restriction, cancellation, suspension, or revocation
of the applicant's medical license in a state of the United States, a province
of Canada, or a uniformed service of the United States; or
(3)
a prosecution is pending against the applicant in any state,
federal, or Canadian court for any offense that under the laws of this state
is a felony or a misdemeanor that involves moral turpitude.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on April 12, 2004.
TRD-200402438
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Effective date: May 2, 2004
Proposal publication date: February 27, 2004
For further information, please call: (512) 305-7016
22 TAC §164.4
The Texas State Board of Medical Examiners adopts an amendment
to §164.4, concerning advertising board certification, without changes
to the proposed text as published in the February 27, 2004, issue of the
The amendment will provide a method for informing the public of the physician's
interest and expertise, as well as identify those physicians possessing board
certification.
No comments were received regarding adoption of the rules.
The amendment is adopted 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 12, 2004.
TRD-200402439
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Effective date: May 2, 2004
Proposal publication date: February 27, 2004
For further information, please call: (512) 305-7016
22 TAC §175.1, §175.4
The Texas State Board of Medical Examiners adopts amendments
to §175.1 and §175.4, concerning Fees, Penalties and Applications,
without changes to the proposed text as published in the February 27, 2004,
issue of the
Texas Register
(29 TexReg 1837)
and will not be republished.
The adoption concerns increases in application and registration fees for
licenses and permits issued by the Board and mandated by Texas Online Authority.
No comments were received regarding adoption of the rules.
The amendments are adopted 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 12, 2004.
TRD-200402440
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Effective date: May 2, 2004
Proposal publication date: February 27, 2004
For further information, please call: (512) 305-7016
22 TAC §183.15
The Texas State Board of Medical Examiners adopts an amendment
to §183.15, concerning Acupuncture, without changes to the proposed text
as published in the February 27, 2004, issue of the
Texas Register
(29 TexReg 1839) and will not be republished.
The amendment will require licensed acupuncturists to provide information
to the public indicating they are licensed by the Texas State Board of Medical
Examiners and that acupuncture is their primary field of practice.
No comments were received regarding adoption of the rule.
The amendment is adopted 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 12, 2004.
TRD-200402441
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Effective date: May 2, 2004
Proposal publication date: February 27, 2004
For further information, please call: (512) 305-7016
Chapter 164.
PHYSICIAN ADVERTISING
Chapter 175.
FEES, PENALTIES, AND APPLICATIONS
Chapter 183.
ACUPUNCTURE
Chapter 193.
STANDING DELEGATION ORDERS