reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 160 - MEDICAL PHYSICISTS › Section 160.4 - Specialty License

Current through Reg. 49, No. 28; July 12, 2024
(a) A person may
				not practice medical physics without a license in one of the medical physics
				specialties listed in subsection (b)(1) - (4) of this section.
(b) A medical physicist may not practice the
				following specialties unless a person hold a license for that specialty:
(1) Diagnostic Radiological
				Physics;
(2) Medical Health
				Physics,
(3) Medical Nuclear
				Physics;
(4) Therapeutic
				Radiological Physics.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 160 - MEDICAL PHYSICISTS › Section 160.5 - Exemptions from License Requirement

Current through Reg. 49, No. 28; July 12, 2024
(a)
				This section sets out persons who are exempt from the Texas Medical Physics
				Practice Act (Act) and persons who must be licensed under the Act.
(b) Except as specifically exempted by
				subsection (c) of this section, the provisions of the Act and this chapter
				apply to any person who engages in the practice of medical physics.
(c) The Act and this chapter do not apply to:
(1) practitioners in the performance of
				radiological procedures;
(2) a
				person practicing under the Medical Radiologic Technologist Certification Act
				(Texas Occupations Code, Chapter 601);
(3) persons who perform radiological
				procedures under a practitioner's instruction or supervision;
(4) persons performing beam calibration and
				characterization, quality assurance, instrument specification, acceptance
				testing, shielding design, or protection analysis on radiation-emitting
				equipment or radiopharmaceuticals for procedures not involved with the
				diagnosis or treatment of disease or other medical or dental conditions in
				humans; or
(5) a person employed by
				a federal or state regulatory agency who is performing duties within the scope
				of his or her employment.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 160 - MEDICAL PHYSICISTS › Section 160.7 - Qualifications for Licensure

Current through Reg. 49, No. 28; July 12, 2024
(a)
				General. Except as otherwise provided, an individual applying for licensure
				must:
(1) submit completed application on
				forms approved by the board;
(2)
				pay the appropriate application fee;
(3) certify that the applicant is mentally
				and physically able to function as a medical physicist; and
(4) be of good moral character.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 160 - MEDICAL PHYSICISTS › Section 160.8 - Application Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
				otherwise provided, an applicant for licensure:
(1) whose documentation indicates any name
				other than the name under which the applicant has applied must furnish proof of
				the name change;
(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 unless otherwise provided by Chapter 175 of this title (relating to
				Fees and Penalties). Any further request for licensure will require submission
				of a new application and inclusion of the current licensure fee. An extension
				to an application may be granted under certain circumstances, including:
(A) delay by board staff in processing an
				application due to an administrative error;
(B) application requires licensure committee
				review after completion of all other processing and will expire prior to the
				next scheduled meeting;
(C)
				licensure committee requires an applicant to meet specific additional
				requirements for licensure and the application will expire prior to deadline
				established by the licensure committee;
(D) applicant is delayed due to unanticipated
				military assignments, medical reasons, or catastrophic events;
(3) who in any way falsifies the
				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
				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 license;
(5) shall
				be required to comply with the board's rules and regulations which are in
				effect at the time the completed application form and fee are received by the
				board;
(6) must have the
				application for licensure complete in every detail at least 20 days prior to
				the board meeting at which the applicant is considered for licensure. An
				applicant may qualify for a training license prior to being considered by the
				board for licensure, as required by §
										160.10 of this
				title (relating to Training Licensure); and
(7) must complete an oath swearing that the
				applicant has submitted an accurate and complete application.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 160 - MEDICAL PHYSICISTS › Section 160.10 - Temporary Licensure

Current through Reg. 49, No. 28; July 12, 2024
(a) To be eligible
				for a temporary license, a person must meet the educational requirements set
				out in §
									160.7
				of this chapter (relating to Qualifications for Licensure).
(b) A temporary license shall be issued for
				each specialty for a one-year period.
(c) The holder of a temporary license may
				apply for up to twelve temporary licenses.
(d) Upon application for the seventh
				temporary license, the Board shall perform an evaluation of an applicant's
				progress toward certification in a medical physicist area of specialty. This
				evaluation will include, but is not limited to:
(1) information on the applicant's current
				participation in any medical physicist training program;
(2) identification of the medical physicist
				specialty/specialties an applicant is working toward;
(3) the number of certification examinations
				taken during the previous six years and the results of said
				examinations;
(4) any medical
				physicist certification(s) successfully completed during the previous six
				years. If this evaluation determines that satisfactory progress has not been
				made toward completion of a medical physicist certification, an application for
				an additional temporary license may be denied.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 160 - MEDICAL PHYSICISTS › Section 160.11 - Provisional License

Current through Reg. 49, No. 28; July 12, 2024
(a) A provisional
				license may be issued to a person who is currently licensed or certified in
				another jurisdiction and who:
(1) has been
				licensed or certified in good standing as a practitioner of medical or
				radiological physics for at least two years in another jurisdiction, including
				a foreign county, that has licensing or certification requirements
				substantially equivalent to the requirements of the Act;
(2) has passed a national or other
				examination recognized by the board relating to the practice of medical or
				radiological physics;
(3) is
				sponsored by a person licensed as a medical physicist in Texas with whom the
				provisional license holder will practice under this section; and
(4) has submitted a complete and legible set
				of fingerprints for purpose of performing a criminal history check of the
				applicant for provisional license.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 160 - MEDICAL PHYSICISTS › Section 160.12 - License Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a) Medical
				physicists licensed by the board shall register biennially and pay a fee. A
				medical physicist may, on notification from the board, renew an unexpired
				licensed by submitting a required form and paying the required renewal fee to
				the board on or before the expiration date of the license. The fee shall
				accompany a written application that sets forth the licensee's name, mailing
				address, residence, the address of each of the licensee's offices, and other
				necessary information prescribed by the board.
(b) The board may prorate the length of the
				initial medical physicist registration and registration fees, so that
				registrations expire on a single date, regardless of the board meeting at which
				the medical physicist is licensed.
(c) The board shall provide written notice to
				each licensee at the licensee's address of record at least 30 days prior to the
				expiration date of the license.
(d)
				Within 30 days of a medical physicist's change of mailing, residence or office
				address from the address on file with the board, a medical physicist shall
				notify the board in writing of such change.
(e) A licensee shall furnish a written
				explanation of his or her affirmative 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 14 days of the date of the board's request.
(f) Falsification of an affidavit or
				submission of false information to obtain renewal of a license shall subject a
				medical physicist to denial of the renewal and/or to discipline pursuant to
				§602.301 of the Act.
(g)
				Expired Annual Registration Permits.
(1) If a
				medical physicist's registration permit has been expired for 90 days or less,
				the medical physicist may obtain a new permit by submitting to the board a
				completed permit application, the registration fee, and a penalty fee in an
				amount equal to one-half of the amount of the renewal fee.
(2) If a medical physicist's registration
				permit has been expired for longer than 90 days but less than one year, the
				medical physicist may obtain a new permit by submitting a completed permit
				application, the registration fee, and a penalty fee equal to the amount of the
				renewal fee.
(3) If a medical
				physicist's registration permit has been expired for one year or longer, the
				medical physicist's license is automatically canceled, unless an investigation
				is pending, and the medical physicist may not obtain a new permit.
(4) A medical physicist may not hold himself
				out as a licensed medical physicist if he holds an expired permit.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 160 - MEDICAL PHYSICISTS › Section 160.13 - Criminal History Record Information Required for Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant
				renewing a license shall submit a complete and legible set of fingerprints for
				purposes of performing a criminal history check of the applicant as provided by
				§602.2081 of the Act.
(b) The
				medical board may not renew the license of a person who does not comply with
				the requirements of subsection (a) of this section.
(c) A license holder is not required to
				submit fingerprints under this section for the renewal of the license if the
				license holder has previously submitted fingerprints under:
(1) Section 602.2081 of the Act for the
				initial issuance of the license; or
(2) this section as part of a prior renewal
				of the license.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 160 - MEDICAL PHYSICISTS › Section 160.14 - Relicensure

Current through Reg. 49, No. 28; July 12, 2024
If a medical physicist's license has been expired for one
				  year or longer, the license is considered to have been canceled, unless an
				  investigation is pending, and the person may not renew the license. The medical
				  physicist may obtain a new license by complying with the requirements and
				  procedures for obtaining an original license.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 160 - MEDICAL PHYSICISTS › Section 160.15 - Licenses and License Holder Duties

Current through Reg. 49, No. 28; July 12, 2024
(a)
				A license certificate is the property of the board and must be surrendered on
				demand.
(b) A licensee shall
				display or make available the license in an appropriate manner.
(c) A licensee shall notify the board of any
				change in name, preferred mailing address, or place(s) of business or
				employment within 30 days of any change.
(1)
				Notification of changes shall be made in writing and be mailed to the
				board.
(2) Notification of name
				changes shall include a copy of a marriage certificate, court decree, or a
				social security card reflecting the change and the license replacement
				fee.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 160 - MEDICAL PHYSICISTS › Section 160.16 - Continuing Education Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Content. This section establishes the continuing education requirements that a
				licensed medical physicist must complete biennially to maintain licensure.
				These requirements are intended to maintain and improve the quality of
				professional services in medical physics provided to the public, to keep the
				licensed medical physicist knowledgeable of current research, techniques, and
				practice, and to provide other resources which will improve skill and
				competence in the practice of medical physics.
(b) General. Continuing education
				requirements for license renewal shall be fulfilled biennially on or before the
				expiration of the license.
(c) Hour
				requirements for continuing education. A licensee must complete 24 contact
				hours of continuing education acceptable to the board.
(1) A contact hour shall be defined as 50
				minutes of attendance and participation.
(2) A licensed medical physicist must
				complete acceptable continuing education as identified in subsection (d) of
				this section.
(3) A licensed
				medical physicist shall be presumed to have complied with this section if in
				the preceding 24 months the licensee becomes board certified or recertified by
				the American Board of Radiology (ABR), American Board of Medical Physics
				(ABMP), American Board of Science in Nuclear Medicine (ABSNM), or American
				Board of Health Physics (ABHP).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 160 - MEDICAL PHYSICISTS › Section 160.17 - Medical Physicist Scope of Practice

Current through Reg. 49, No. 28; July 12, 2024
(a) Content. Recognizing that assessing the
				degree of radiation safety is a complex task of balancing radiation risk with
				optimizing the benefit of the procedure to the patient, rules are provided that
				identify certain specific activities or tests as the practice of medical
				physics. The purpose of the Act and the rules is to ensure the radiation safety
				of the citizens of Texas by restricting the practice of medical physics to
				qualified medical physicists.
(b)
				Role of the service engineers. Service engineers, when installing or
				maintaining medical equipment, conduct tests or perform activities that are
				similar or identical to tests or activities identified in these rules. Such
				tests and activities do not constitute the practice of medical physics provided
				that:
(1) neither the service engineer nor his
				employer represents that the outcome of the test or activity or the intent of
				performing the test or activity ensures the radiation safety of the use of the
				medical equipment for either the user, the patient, or a member of the public;
				and
(2) neither the service
				engineer nor his employer concludes that the medical equipment is
				radiologically safe, effective or suitable for use on humans based on the tests
				or activities performed by the service engineer; and
(3) neither the service engineer nor his
				employer certifies that the medical equipment is radiologically safe and
				consequently compliant with any state or federal regulation for the control of
				radiation; and
(4) the test or
				activity performed by the service engineer is required to install, maintain or
				repair the medical equipment.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 160 - MEDICAL PHYSICISTS › Section 160.18 - Complaints and Complaint Procedure Notification

Current through Reg. 49, No. 28; July 12, 2024
(a) Filing of complaints.
(1) Anyone may complain to the board alleging
				that a person or licensee has violated the Act or this chapter.
(2) A person wishing to complain against a
				medical physicist or other person shall notify the board and shall submit the
				complaint in writing.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 160 - MEDICAL PHYSICISTS › Section 160.19 - Subpoenas; Confidentiality of Information

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive director of the medical
				board, the director's designee, or the secretary treasurer of the medical board
				may issue a subpoena or subpoena duces tecum:
(1) to conduct an investigation or a
				contested case proceeding related to:
(A)
				alleged misconduct by a medical physicist;
(B) an alleged violation of this chapter or
				another law related to the practice of medical physics; or
(C) the provision of health care under this
				chapter; or
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 160 - MEDICAL PHYSICISTS › Section 160.20 - Grounds for Denial of Licensure and for Disciplinary Action

Current through Reg. 49, No. 28; July 12, 2024
Disciplinary action. The board may refuse to issue or renew a
				  license, may suspend, suspend, restrict, or revoke a license, or may reprimand
				  a licensee for any of the following:
(1) obtaining or renewing a license by means
				of fraud, misrepresentation, or concealment of material facts;
(2) having made application for or held a
				license issued by the licensing authority of another state, territory, or
				jurisdiction that was denied, suspended, subject to discipline, or revoked by
				that licensing authority;
(3)
				engaging in practice inconsistent with public health and welfare;
(4) engaging in unprofessional conduct that
				endangered or is likely to endanger the health, safety, or welfare of the
				public as described in § 160.24 of this title (relating to Code of Ethics)
				or Chapter 190 of this title (referring to Disciplinary Guidelines);
(5) violating the Act, a lawful order or rule
				of the board, or the board's code of ethics; or
(6) being convicted of:
(A) felony; or
(B) misdemeanor involving moral turpitude or
				misdemeanor that relates to the person's duties as a licensed medical
				physicist.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 160 - MEDICAL PHYSICISTS › Section 160.21 - Disciplinary Guidelines

Current through Reg. 49, No. 28; July 12, 2024
(a) Chapter 190
				of this title (relating to Disciplinary Guidelines) shall apply to Medical
				Physicists regulated under this chapter to be used as guidelines for the
				following areas as they relate to the denial of licensure or disciplinary
				action of a licensee:
(1) practice
				inconsistent with public health and welfare;
(2) unprofessional and dishonorable
				conduct;
(3) disciplinary actions
				by state boards and peer groups;
(4) repeated and recurring meritorious health
				care liability claims; and
(5)
				aggravating and mitigating factors.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 160 - MEDICAL PHYSICISTS › Section 160.22 - Procedural Rules for Hearings

Current through Reg. 49, No. 28; July 12, 2024
Chapter 187 of this title (relating to Procedural Rules)
				  shall govern procedures relating to hearings involving medical physicists where
				  applicable. If the provisions of Chapter 187 of this title conflict with the
				  Act or rules under this chapter, the Act and provisions of this chapter shall
				  control.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 160 - MEDICAL PHYSICISTS › Section 160.23 - Disciplinary Process or Discipline of Medical Physicists

Current through Reg. 49, No. 28; July 12, 2024
(a) The board, upon finding a medical
				physicist has committed any of the acts set forth in §§ 160.20,
				160.24, and 160.25 of this title (relating to Grounds for Denial of Licensure
				and for Disciplinary Action, Code of Ethics and Impaired Medical Physicists),
				may enter an order imposing one or more of the following:
(1) deny the person's application for a
				license or other authorization to practice as a medical physicist;
(2) administer a public reprimand;
(3) order revocation, suspension, limitation,
				or restriction of a medical physicist's license, or other authorization to
				practice as a medical physicist, including limiting the practice of the person
				to, or excluding from the practice, one or more specified activities of the
				practice as a medical physicist or stipulating periodic board review;
(4) require a medical physicist to submit to
				care, counseling, or treatment by a health care practitioner designated by the
				board;
(5) order the medical
				physicist to perform public service;
(6) require the medical physicist to complete
				additional training;
(7) require
				the medical physicist to participate in continuing education programs;
				or
(8) assess an administrative
				penalty against the medical physicist.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 160 - MEDICAL PHYSICISTS › Section 160.24 - Code of Ethics

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensee
				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. The provisions of
				the Health and Safety Code, § 161.091 relating to the prohibition of
				illegal remuneration apply to medical physicists.
(b) A licensee shall maintain confidentiality
				of medical records in accordance with the Medical Practice Act, Texas
				Occupations Code, Chapter 152, and other state or federal statutes or rules
				where such statutes or rules apply to a licensed medical physicist.
(c) A licensee shall not misrepresent any
				professional qualifications or associations.
(d) A licensee shall not knowingly
				misrepresent services or attributes of any health care agency, facility, or
				organization.
(e) A licensee shall
				not make misleading, deceptive, or false claims about the efficacy of any
				medical physicist's services or allow a client to hold exaggerated ideas about
				the efficacy of the services.
(f) A
				licensee shall not use illegal drugs of any kind or promote, encourage, or
				concur in the illegal use or possession of alcohol or drugs.
(g) A licensee shall not use alcohol or any
				drug in any manner that adversely affects his or her practice of medical
				physics.
(h) A licensee shall
				report alleged violations of the Act or this chapter to the board.
(i) A licensee shall not claim or advertise
				expertise in a specialty area or practice in an area of specialty unless the
				medical physicist holds a license in that specialty.
(j) A licensee shall not direct, aid, or abet
				the practice of any other person in violation of the Act.
(k) A licensee shall not make any false
				statements regarding his or her provision of services as a medical
				physicist.
(l) A licensee shall
				make a reasonable attempt to notify each contractor, employer or client of the
				name, mailing address, and telephone number of the board for the purpose of
				directing complaints to the board by providing notification:
(1) on each written contract for services of
				a licensee; or
(2) on a sign
				prominently displayed in the primary place of business of each licensee;
				or
(3) in a bill for service
				provided by a licensee to a contractor, employer, client, or third
				party.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 160 - MEDICAL PHYSICISTS › Section 160.25 - Impaired Medical Physicists

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Mental or physical examination requirement. The board may require a licensee to
				submit to a mental and/or physical examination by a physician or physicians
				designated by the board if the board has probable cause to believe that the
				licensee is impaired. Impairment is present if one appears to be unable to
				practice 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.
				Probable cause may include, but is not limited to, any one of the following:
(1) sworn statements from two people, willing
				to testify before the board, medical board, or the State Office of
				Administrative Hearings that a certain licensee is impaired;
(2) evidence that a licensee left a treatment
				program for alcohol or chemical dependency before completion of that
				program;
(3) evidence that a
				licensee is guilty of intemperate use of drugs or alcohol;
(4) evidence of repeated arrests of a
				licensee for intoxication;
(5)
				evidence of recurring temporary commitments of a licensee to a mental
				institution; or
(6) medical records
				indicating that a licensee has an illness or condition which results in the
				inability to function properly in his or her practice.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 160 - MEDICAL PHYSICISTS › Section 160.26 - Compliance

Current through Reg. 49, No. 28; July 12, 2024
Chapter 189 of this title (relating to Compliance Program)
				  shall be applied to medical physicists who are under board orders. If the
				  provisions of Chapter 189 of this title conflict with the Act or rules under
				  this chapter, the Act and provisions of this chapter shall
				  control.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 160 - MEDICAL PHYSICISTS › Section 160.27 - Voluntary Relinquishment or Surrender of a License

Current through Reg. 49, No. 28; July 12, 2024
Chapter 196 of this title (relating to Voluntary
				  Relinquishment or Surrender of a Medical License) shall govern procedures
				  relating to medical physicists where applicable. If the provisions of Chapter
				  196 of this title conflict with the Medical physicist Act or rules under this
				  chapter, the Medical physicist Act and provisions of this chapter shall
				  control.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 160 - MEDICAL PHYSICISTS › Section 160.28 - Administrative Procedure

Current through Reg. 49, No. 28; July 12, 2024
Chapters 2001 and 2002, Government Code, and board rules for
				  a contested case hearing apply to a contested case proceeding brought by the
				  board under this subchapter.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 160 - MEDICAL PHYSICISTS › Section 160.29 - Criminal Convictions Related to Profession of Medical Physics

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board may
				suspend or revoke a license, disqualify a person from receiving a license, or
				deny to a person the opportunity to take a licensing examination on the grounds
				that the person has been convicted, suspended or revoked a license, disqualify
				a person from receiving a license, or deny to a person the opportunity to take
				a licensing examination on the grounds that the person has been convicted of:
(1) an offense that directly relates to the
				duties and responsibilities of the licensed occupation;
(2) an offense that does not directly relate
				to the duties and responsibilities of the licensed occupation and that was
				committed less than five years before the date the person applies for the
				license;
(3) an offense listed in
				Section 3g, Article 42.12, Code of Criminal Procedure; or
(4) a sexually violent offense, as defined by
				Article 62.001, Code of Criminal Procedure;
(5) This subsection does not apply to a
				person who has been convicted only of an offense punishable as a Class C
				misdemeanor.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 160 - MEDICAL PHYSICISTS › Section 160.30 - Construction

Current through Reg. 49, No. 28; July 12, 2024
The provisions of this chapter shall be construed and
				  interpreted so as to be consistent with the statutory provisions of the Act and
				  the Medical Practice Act. In the event of a conflict between this chapter and
				  the provisions of the Acts, the provisions of the Acts shall control; however,
				  this chapter shall be construed so that all other provisions of this chapter
				  which are not in conflict with the Acts shall remain in
				  effect.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 160 - MEDICAL PHYSICISTS › Section 160.31 - Exemption from Licensure for Certain Military Spouses

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive director of the Texas
				Medical Board must authorize a qualified military spouse to practice medical
				physics in Texas without obtaining a license in accordance with §
									55.0041(a),
				Texas Occupations Code. This authorization to practice is valid during the time
				the military service member to whom the military spouse is married is stationed
				at a military installation in Texas, but is not to exceed three
				years.
(b) In order to receive
				authorization to practice the military spouse must:
(1) hold an active medical physicist license
				in another state, territory, Canadian province, or country that:
(A) has licensing requirements that are
				determined by the advisory committee to be substantially equivalent to the
				requirements for certification in Texas; and
(B) is not subject to any restriction,
				disciplinary order, probation, or investigation;
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 161 - GENERAL PROVISIONS › Section 161.1 - Introduction

Current through Reg. 49, No. 28; July 12, 2024
The Texas Medical Board, referred to as the "board" or the
				  "Medical Board", is an agency of the executive branch of state government
				  statutorily empowered to regulate the practice of medicine in Texas. The Board
				  also provides oversight and support for several advisory boards and advisory
				  committees.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 161 - GENERAL PROVISIONS › Section 161.2 - Purpose and Functions

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose
				of the board is to protect the public's safety and welfare through the
				regulation of the practice of medicine.
(b) The board's functions include but are not
				limited to the following:
(1) Establish
				standards for the practice of medicine by physicians.
(2) Regulate the practice of medicine through
				the licensure and discipline of physicians.
(3) Provide oversight of the several advisory
				boards and advisory committees.
(4)
				Interpret the Medical Practice Act and applicable sections of the Acts, and
				Rules , of the several advisory boards and advisory committees subject to
				Medical Board oversight.
(5)
				Receive complaints and investigate possible violations of the Medical Practice
				Act and the Board Rules.
(6)
				Discipline violators through appropriate legal action to enforce the Medical
				Practice Act and the Board Rules.
(7) Review and modify the Board Rules when
				necessary and appropriate.
(8)
				Examine and license qualified applicants to practice medicine, surgical
				assisting, perfusion and medical physics in Texas in a manner that ensures that
				applicable standards are maintained.
(9) Provide recommendations to the
				legislature concerning appropriate changes to the Medical Practice Act and
				Surgical Assistant Act to ensure that the acts are current and applicable to
				changing needs and practices.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 161 - GENERAL PROVISIONS › Section 161.4 - Officers of the Board

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				Governor shall designate a member of the board to serve as the president of the
				board.
(b) The board shall elect
				officers from among its members to serve as the vice president and the
				secretary-treasurer for a term not to extend longer than two years. The
				election of officers shall be held at least every other year at a regular
				meeting of the board.
(c) All
				elections and any other issues requiring a vote of the board shall be decided
				by a simple majority of the members present and voting.
(d) If more than two candidates are nominated
				for an office, and no candidate receives a majority on the first ballot, a
				second ballot will be conducted between the two candidates receiving the
				highest number of votes.
(e) Duties
				of the officers.
(1) The duties of the
				president shall include the following:
(A)
				approve the agenda for each board meeting;
(B) preside at all meetings of the
				board;
(C) represent the board in
				legislative matters and in meetings with related groups;
(D) appoint the members to serve on the
				standing, ad hoc, and advisory committees of the board;
(E) appoint the chair of each board
				committee;
(F) perform or designate
				a member or members of the board to coordinate the annual performance review of
				the executive director; and
(G)
				perform such other duties as pertain to the office of the president.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 161 - GENERAL PROVISIONS › Section 161.5 - Meetings

Current through Reg. 49, No. 28; July 12, 2024
(a) Special
				meetings shall be called by the president or by resolution of the board or upon
				written request signed by five members of the board.
(b) Board and committee meetings shall be
				conducted pursuant to the provisions of Robert's Rules of Order Newly Revised
				unless the board by rule adopts a different procedure.
(c) The board may act only by majority vote
				of its members present and voting, with each member entitled to one vote. No
				proxy vote shall be allowed.
(d) In
				order that board and committee meetings may be conducted safely, efficiently,
				and with decorum, attendees may not engage in disruptive activity that
				interferes with board proceedings.
(e) Members of the public shall remain within
				those areas of the board offices and board meeting room designated as open to
				the public.
(f) 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.
(g) Journalists have the same
				right of access to board meetings conducted in open session as other members of
				the public and are subject to the same requirements.
(h) The board's presiding officer may exclude
				from a meeting any person who, after being duly warned, persists in disruptive
				activity that interferes with board proceedings.
(i) Any person may record all or any part of
				the proceedings of a public board meeting in attendance by means of a tape
				recorder, video camera, or any other means of sonic or visual reproduction.
(1) The executive director shall direct any
				individual wishing to record or videotape as to equipment location, placement,
				and the manner in which the recording is conducted.
(2) The decision will be made so as not to
				disrupt the normal order and business of the board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 161 - GENERAL PROVISIONS › Section 161.6 - Committees of the Board

Current through Reg. 49, No. 28; July 12, 2024
(a) Each board
				committee shall be composed of board members appointed by the president of the
				board and shall include at least one physician member who holds the degree of
				doctor of osteopathic medicine and one public member.
(b) The following are standing and permanent
				committees of the board. The responsibilities and authority of these committees
				shall include the following duties and powers, and other responsibilities and
				charges that the board may from time to time delegate to these committees.
(1) Disciplinary Process Review Committee:
(A) oversee the disciplinary process and give
				guidance to the board and board staff regarding means to improve the
				disciplinary process and more effectively enforce the Medical Practice Act and
				board rules;
(B) monitor the
				effectiveness, appropriateness and timeliness of the disciplinary process and
				enforcement of the Medical Practice Act and board rules;
(C) make recommendations regarding resolution
				and disposition of specific cases and approve, adopt, modify, or reject
				recommendations from board staff or board representatives regarding actions to
				be taken on pending cases;
(D)
				approve dismissals of complaints and closure of investigations; and
(E) make recommendations to the board staff
				and the board regarding policies, priorities, budget, and any other matters
				related to the disciplinary process and enforcement of the Medical Practice Act
				and board rules.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 161 - GENERAL PROVISIONS › Section 161.7 - Executive Director

Current through Reg. 49, No. 28; July 12, 2024
(a) The board shall
				determine the qualifications for and employ an executive director who shall be
				the chief executive officer of the agency.
(b) The duties of the executive director
				shall be to administer and enforce the applicable law, to assist in conducting
				meetings of the board, and to carry out other responsibilities as assigned by
				the board.
(c) The executive
				director shall have the authority and responsibility for the operations and
				administration of the agency and such additional powers and duties as
				prescribed by the board. As chief executive of the agency, the executive
				director shall be responsible for the management of all aspects of
				administration of the agency to include personnel, financial and other
				resources in support of the applicable law, rules, policies, mission and
				strategic plan of the agency. The executive director may delegate any
				responsibility or authority to an employee of the board and any grant of
				responsibility or authority to the executive director shall include an employee
				designated by the executive director.
(d) The executive director may exercise any
				responsibilities or authority of the secretary-treasurer of the board unless
				the board assigns duties or prerogatives exclusively to the
				secretary-treasurer.
(e) The
				executive director shall serve as the medical director of the agency if the
				executive director is a physician licensed to practice in Texas.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 161 - GENERAL PROVISIONS › Section 161.10 - General Counsel

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive
				director may employ a general counsel to provide legal advice to the staff of
				the agency and to the members of the board.
(b) The general counsel shall be licensed by
				the State Bar of Texas and may not be a lobbyist registered with the Office of
				the Secretary of State of Texas.
(c) The general counsel acts under the
				supervision and at the direction of the executive director.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 161 - GENERAL PROVISIONS › Section 161.11 - Memorandum of Understanding between Texas Medical Board (TMB) and Texas Physician Health Program (TXPHP)

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Statement of Purpose. Texas Occupations Code, §
									167.012, added by
				the 86th Legislature, provides that the Texas Medical Board (TMB) and the Texas
				Physician Health Program (TXPHP) by rule shall adopt a memorandum of
				understanding (MOU) to better coordinate services and operations of TXPHP.
				Additionally, this MOU shall inform the public of each agency's
				responsibilities and the procedures for providing support to TXPHP as a program
				administratively attached to the TMB.
(b) Scope of Administrative Attachment. TXPHP
				shall receive services in the same manner as a department within the TMB. TXPHP
				shall have the reciprocal obligation to comply with all policies and procedures
				of all other respective departments of TMB providing services to TXPHP. The
				following services shall be provided by TMB:
(1) Executive services;
(2) Financial and support services;
(3) Human resources;
(4) Information technology resources;
(5) General counsel legal
				services;
(6) Governmental affairs
				and communication services; and
(7)
				Other administrative services as necessary.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 162 - SUPERVISION OF MEDICAL SCHOOL STUDENTS › Section 162.1 - Supervision of Medical Students

Current through Reg. 49, No. 28; July 12, 2024
(a) In
				order to supervise a medical student who is enrolled at a Texas medical school
				as a full-time student or visiting student the physician must have an active
				and unrestricted Texas license.
(b)
				In order to supervise a medical student who does not meet the criteria in
				subsection (a) of this section the physician must:
(1) have an active and unrestricted Texas
				license;
(2) hold a faculty
				position in the graduate medical education program in the same specialty in
				which the student will receive undergraduate medical education;
(3) supervise the student during the
				educational period; and
(4)
				supervise the student's medical education in either a Texas hospital or
				teaching institution, which sponsors or participates in a program of graduate
				medical education accredited by the Accrediting Council for Graduate Medical
				Education, the American Osteopathic Association, or the Texas Medical Board in
				the same subject as the medical or osteopathic medical education in which the
				hospital or teaching institution has an agreement with the applicant's
				school.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 162 - SUPERVISION OF MEDICAL SCHOOL STUDENTS › Section 162.2 - Physician Supervision of a Student Physician Assistant

Current through Reg. 49, No. 28; July 12, 2024
To be eligible to act as a preceptor to a student physician
				  assistant, a physician must:
(1) hold
				a current, active, and unrestricted Texas Medical License;
(2) retain professional and legal
				responsibility for the care rendered by the student physician assistant;
				and,
(3) hold a valid written
				agreement with an accredited physician assistant program to supervise its
				students, if the supervision is to occur at a site other than that of the
				program itself. A copy of the agreement must be available for inspection by the
				board upon request.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 163 - LICENSURE › Section 163.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms (concerning General
				  Definitions), when used in this chapter, shall have the following meanings,
				  unless the context clearly indicates otherwise.
(1) Acceptable approved medical school--A
				medical school or college located in the United States or Canada that has been
				accredited by the Liaison Committee on Medical Education or the American
				Osteopathic Association Bureau of Professional Education.
(2) Acceptable unapproved medical school--A
				school or college located outside the United States or Canada that:
(A) is substantially equivalent to a Texas
				medical school; and
(B) has not
				been disapproved by a state physician licensing or education agency.
(i) If another state's physician licensing
				agency or education agency has determined that a medical degree conferred by a
				medical school is not the equivalent of an accredited or authorized degree or
				has otherwise disapproved the medical school, the board will not recognize the
				medical school as an acceptable unapproved medical school, unless:
(I) the Texas Higher Education Coordinating
				Board has determined that a degree conferred by the medical school is the
				equivalent of an accredited or authorized degree through the review process
				described by §
												61.3021,
				Texas Education Code; or
(II) the
				applicant can provide evidence that the determination or disapproval by the
				other state was unfounded.
(ii) A fraudulent or substandard medical
				school operating outside the United States or Canada shall not be an acceptable
				unapproved medical school. "Fraudulent or substandard," as used in this
				subsection, has the meaning assigned by §
											61.302, Texas
				Education Code. If the Texas Higher Education Coordinating Board certifies that
				it has determined, through the review process described by §
											61.3021,
				Texas Education Code, that a medical degree conferred by a medical school is
				not the equivalent of an accredited or authorized degree, the board will not
				recognize the medical school as an acceptable unapproved medical
				school.
(iii) This section shall
				not affect any person who received a license from the board prior to a
				determination by the Texas Higher Education Coordinating Board through the
				review process described by § 31.3021, Texas Education Code.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 163 - LICENSURE › Section 163.2 - Full Texas Medical License

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Graduates of medical schools in the United States or Canada. To be eligible for
				full licensure, an applicant who is a graduate from a school in the United
				States or Canada must:
(1) be 21 years of
				age;
(2) be of good professional
				character as defined under §
										163.1(8)
				of this title (relating to Definitions);
(3) have completed 60 semester hours of
				college courses as defined under §
										163.1(10)
				of this title;
(4) be a graduate
				of:
(A) an acceptable approved medical school
				as defined under §
											163.1(1)
				of this title; or
(B) any medical
				school and at the date of application to the Board or prior to approval for
				licensure by the Board hold a certificate from a specialty board that is a
				member of the American Board of Medical Specialties or the Bureau of
				Osteopathic Specialists;
(5) have successfully completed a one-year
				training program of graduate medical training in the United States or Canada as
				defined under §
										163.1(9)
				of this title;
(6) submit evidence
				of passing an examination accepted by the board for licensure as defined under
				§
										163.6(a)
				of this title (relating to Examinations Accepted for Licensure); and
(7) pass the Texas Medical Jurisprudence
				Examination.