reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter H - IMPOSITION OF ADMINISTRATIVE PENALTY › Section 187.75 - Purposes and Construction

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to set forth a procedure
					 for the imposition of an administrative penalty as provided in Chapter 165,
					 Subchapter A (§ 165.001, et seq.) of the Act, for violations identified in
					 §
										190.14
					 of this title (relating to Disciplinary Sanction Guidelines) as administrative
					 violations, but not including aggravated administrative
					 violations.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter H - IMPOSITION OF ADMINISTRATIVE PENALTY › Section 187.76 - Notice of Intention to Impose Administrative Penalty; Response

Current through Reg. 49, No. 28; July 12, 2024
(a) Before an
				  administrative penalty is imposed, the board will provide a licensee who is
				  alleged to have committed an administrative violation with a notice of the
				  allegations regarding an administrative violation and the amount of a proposed
				  administrative penalty.
(b) The
				  Notice shall include, at a minimum:
(1)
				  information regarding the allegations, based on information then available, to
				  allow the licensee to prepare a response;
(2) deadlines for a response and the
				  consequences of failing to meet such deadlines;
(3) the consequences of paying a proposed
				  administrative penalty, including the fact that payment will constitute a
				  public record;
(4) the licensee's
				  right to submit a written response or request a personal appearance;
(5) a description of the procedural process
				  for consideration of a written response or request for a personal
				  appearance;
(6) the name and
				  contact information for an employee who can provide further
				  information.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter H - IMPOSITION OF ADMINISTRATIVE PENALTY › Section 187.77 - Payment of the Administrative Penalty

Current through Reg. 49, No. 28; July 12, 2024
If the licensee pays the administrative penalty, the
					 payment shall be acknowledged on a copy of the notice, which shall constitute
					 an agreed imposition of the administrative penalty. A report of the payments
					 upon notice of intention to impose administrative penalties shall be made to
					 the board at the next regular meeting for approval.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter H - IMPOSITION OF ADMINISTRATIVE PENALTY › Section 187.78 - Written Response

Current through Reg. 49, No. 28; July 12, 2024
If, at any time prior to the imposition of an
					 administrative penalty, the licensee submits a written response without a
					 request for a personal appearance at an ISC , the allegations and the written
					 response shall be submitted to the Disciplinary Process Review Committee of the
					 board ("DPRC") at the next regular meeting. The action of the DPRC shall be
					 submitted to the Board for approval.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter H - IMPOSITION OF ADMINISTRATIVE PENALTY › Section 187.79 - Personal Appearance at an ISC

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  If, within 30 days after the Notice of Intention to Impose Administrative
				  Penalty is sent to the licensee, the licensee submits a request for personal
				  appearance at an ISC , an ISC shall be scheduled in accordance with
				  §164.004(a)(2) of the Act before one or more board
				  representatives.
(b) An ISC under
				  this Subchapter may consider only dismissal of the matter or the imposition of
				  an administrative penalty. The board representatives may not consider
				  revocation, suspension, or any other sanction. The provisions of §
										187.18
				  of this title (relating to ISC Scheduling, Process, and Procedures ) shall
				  apply to the ISC , except that there may be one or more board representatives
				  at the ISC , who may be either a physician or public member of the Board or
				  District Review Committee.
(c) The
				  recommendation of the board representative(s) to impose the administrative
				  penalty or to dismiss the allegations shall be referred to the DPRC at the next
				  regular meeting. The action of the DPRC shall be submitted to the Board for
				  approval.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter H - IMPOSITION OF ADMINISTRATIVE PENALTY › Section 187.80 - Imposition of Administrative Penalty

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The board may enter an order imposing an administrative penalty in accordance
				  with § 165.004 of the Act at the next regular meeting of the board after
				  the expiration of 30 days after Notice of Intention to Impose Administrative
				  Penalty is sent to the licensee if:
(1) the
				  licensee has failed to respond to the notice; or
(2) the DPRC has approved the imposition of
				  an administrative penalty.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter H - IMPOSITION OF ADMINISTRATIVE PENALTY › Section 187.81 - Reports of Imposition of Administrative Penalty

Current through Reg. 49, No. 28; July 12, 2024
(a) An imposition of an administrative
				  penalty shall be a public record.
(b) The imposition of an administrative
				  penalty shall not be considered a restriction or limitation on the license, nor
				  shall an administrative penalty be imposed under this subchapter be considered
				  an action connected with the delivery of health care services. Further, the
				  imposition of the administrative penalty under this subchapter shall not be
				  reported to the National Practitioner Data Bank. The board's newsletter and any
				  press release shall include only the number of administrative penalties
				  imposed.
(c) The complaint, Notice
				  of Intention to Impose an Administrative Penalty, a written response or request
				  for personal appearance by the licensee, any information provided to and any
				  report of a panel of board representatives or the DPRC, shall remain
				  confidential, in accordance with §
										164.007(c),
				  Occupations Code.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter H - IMPOSITION OF ADMINISTRATIVE PENALTY › Section 187.82 - Unpaid Administrative Penalties

Current through Reg. 49, No. 28; July 12, 2024
A licensee shall not be issued a registration permit until
					 all administrative penalties imposed by the board have been
					 paid.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter I - PROCEEDINGS FOR CEASE AND DESIST ORDERS › Section 187.83 - Proceedings for Cease and Desist Orders

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The purpose of this subchapter
				  is to establish procedures for the handling of complaints and proceedings
				  regarding the unlicensed practice of medicine and other violations of the
				  Medical Practice Act, a rule adopted by the board, or another statute relating
				  to the practice of medicine by a person who is not licensed by the board, in
				  accordance with Occupations Code, Title 3, Subtitle B, Chapter 165, Subchapters
				  B, C, and D.
(b) Statutory
				  Authority. Pursuant to the authority of § 165.052 and § 164.002(a) of
				  the Act, the board may enter a cease and desist order. The board delegates to
				  the Executive Director the authority to sign on behalf of the board, a Cease
				  and Desist Order if directed to do so by a Cease and Desist Panel after the
				  conclusion of a full adversarial evidentiary hearing. A panel shall be composed
				  of two board representatives.
(c)
				  Referrals to other Governmental Entities.
(1)
				  Complaints to the board regarding the unlicensed practice of medicine and other
				  violations of the Medical Practice Act, a rule adopted by the board, or another
				  statute relating to the practice of medicine by a person who is not licensed by
				  the board or the performance of any medical procedure without the required
				  permit, registration, or license shall be routed to one or more of the
				  following for appropriate handling including further investigation, cease and
				  desist proceedings, criminal prosecution, and/or injunctive relief:
(A) the Investigation Division of the
				  Board;
(B) the Office of the
				  Attorney General;
(C) the Texas
				  Department of Public Safety;
(D)
				  the United States Drug Enforcement Administration;
(E) the Texas Department of State Health
				  Services;
(F) the local district or
				  county attorney's office with jurisdiction;
(G) the local law enforcement
				  agency;
(H) any state or federal
				  licensing board or other agency which maintains jurisdiction over a person who
				  is the subject of the complaint.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter I - PROCEEDINGS FOR CEASE AND DESIST ORDERS › Section 187.84 - Violation of Cease and Desist Orders

Current through Reg. 49, No. 28; July 12, 2024
If a respondent violates a cease and desist order, the
					 board may:
(1) Impose an
				  administrative penalty against the respondent, and/or
(2) refer the matter to the attorney general
				  to institute action for:
(A) an injunction
				  against violation of the cease and desist order;
(B) any administrative penalty assessed by
				  the board;
(C) a civil penalty in
				  accordance with the § 165.101 of the Act;
(D) expenses in accordance with the Act,
				  § 165.103; and
(E) any other
				  remedy provided by law.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter J - PROCEDURES RELATED TO OUT-OF-NETWORK HEALTH BENEFIT CLAIM DISPUTE RESOLUTION › Section 187.85 - Purpose and Construction

Current through Reg. 49, No. 28; July 12, 2024
As authorized under §
										1467.003 of the Texas
					 Insurance Code, the purpose of this subchapter is to establish the process for
					 investigation and review of a complaint filed with the Texas Medical Board that
					 relates to the settlement of an out-of-network health benefit claim under
					 Chapter 1467 of the Texas Insurance Code.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter J - PROCEDURES RELATED TO OUT-OF-NETWORK HEALTH BENEFIT CLAIM DISPUTE RESOLUTION › Section 187.86 - Scope

Current through Reg. 49, No. 28; July 12, 2024
This subchapter applies to complaints filed in relation to
					 mediations conducted for qualified health benefit claims under 28 TAC §
										21.5010(relating
					 to Qualified Claim Criteria).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter J - PROCEDURES RELATED TO OUT-OF-NETWORK HEALTH BENEFIT CLAIM DISPUTE RESOLUTION › Section 187.87 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms when used in this subchapter
					 shall have the following meanings unless the context clearly indicates
					 otherwise.
(1) Board--Texas Medical
				  Board.
(2) Enrollee--An individual
				  who is eligible to receive benefits through a preferred provider benefit plan
				  offered by an insurer under the Insurance Code, Chapter 1301 or a health
				  benefit plan, other than an HMO plan, under the Texas Insurance Code, Chapter
				  1551.
(3) Facility--a hospital,
				  emergency clinic, outpatient clinic, birthing center, ambulatory surgical
				  center, or other facility providing health care services.
(4) Facility-based physician--a radiologist,
				  an anesthesiologist, a pathologist, an emergency department physician; a
				  neonatologist; or an assistant surgeon:
(A)
				  to whom the facility has granted clinical privileges; and
(B) who provides services to patients of the
				  facility pursuant to those clinical privileges.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter J - PROCEDURES RELATED TO OUT-OF-NETWORK HEALTH BENEFIT CLAIM DISPUTE RESOLUTION › Section 187.88 - Complaint Process and Resolution

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  A complaint relating to a mediation may be filed by a mediator with the Board
				  against a facility-based physician for bad faith mediation. Conduct
				  constituting bad faith mediation includes:
(1) failing to participate in a
				  mediation;
(2) failing to provide
				  information the mediator believes is necessary to facilitate an agreement;
				  or
(3) failing to designate a
				  representative participating in the mediation with full authority to enter into
				  any mediated agreement.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter J - PROCEDURES RELATED TO OUT-OF-NETWORK HEALTH BENEFIT CLAIM DISPUTE RESOLUTION › Section 187.89 - Notice of Availability of Mandatory Mediation

Current through Reg. 49, No. 28; July 12, 2024
(a) Notice at Time of Presentation.
(1) Except in the case of an emergency and if
				  requested by an enrollee, a facility-based physician shall, before providing a
				  medical service or supply, provide a complete disclosure to an enrollee
				  consistent with the notice requirements of §
											1467.051
				  of the Texas Insurance Code, that:
(A)
				  explains that the facility-based physician does not have a contract with the
				  enrollee's health benefit plan;
(B)
				  discloses projected amounts for which the enrollee may be responsible;
				  and
(C) discloses the circumstances
				  under which the enrollee would be responsible for those amounts.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 188 - PERFUSIONISTS › Section 188.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
These rules are promulgated under the authority Medical
				  Practice Act Title 3, Subtitle B, Tex. Occ. Code and the Licensed Perfusionist
				  Act, Texas Occupations Code Annotated Chapter 603. The purpose of these rules
				  is to establish procedures and standards for the training, education,
				  licensing, and discipline of persons performing perfusion in this state so as
				  to establish an orderly system of regulating the practice of perfusion in a
				  manner which protects the health, safety, and welfare of the public. Nothing in
				  these rules and regulations shall be construed to relieve the supervising or
				  ordering physician of the professional or legal responsibility for the care and
				  treatment of his or her patients. In addition, nothing in these rules and
				  regulations shall be construed to require licensure as a perfusionist for those
				  individuals who are exempted, under §603.004 of the Act.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 188 - PERFUSIONISTS › Section 188.3 - Meetings

Current through Reg. 49, No. 28; July 12, 2024
(a) The advisory
				committee shall meet as requested by the board to carry out the mandates of the
				Act.
(b) A meeting may be held by
				telephone conference call.
(c)
				Special meetings may be called by the president 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.
(d) Advisory 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.
(e) All issues requiring
				a vote of the committee shall be decided by a simple majority of the members
				present.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 188 - PERFUSIONISTS › Section 188.5 - Procedural Rules for Licensure Applicants

Current through Reg. 49, No. 28; July 12, 2024
(a) 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 §
										175.5
				of this title (relating to Payment of Fees or 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;
(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 Committee;
(D)
				Applicant requires a reasonable, limited additional period of time to obtain
				documentation after completing all other requirements and demonstrating
				diligence in attempting to provide the required documentation;
(E) 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; and
(6) must complete and
				submit an accurate and complete application.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 188 - PERFUSIONISTS › Section 188.7 - Provisional Licensed Perfusionists

Current through Reg. 49, No. 28; July 12, 2024
(a)
				The board may issue a provisional license to an applicant who:
(1) files an application and pays the
				application fee as specified in Chapter 175 of this title (relating to Fees and
				Penalties);
(2) meets all the
				qualifications for a license under the Act and this chapter, with the exception
				of passage of the required competency examination described in § 188.4 of
				this chapter (relating to Qualifications for Licensure); and
(3) practices under the supervision and
				direction of a licensee while performing perfusion, as described in this
				section.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 188 - PERFUSIONISTS › Section 188.8 - Temporary Licensure

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive
				director of the board may issue a temporary license to an applicant:
(1) whose completed application has been
				filed, processed, and found to be in order; and
(2) who has met all other requirements for
				licensure under the Act, but is waiting for the next scheduled meeting of the
				board for the license to be issued.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 188 - PERFUSIONISTS › Section 188.9 - License Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a) Perfusionists
				licensed by the board shall register biennially and pay a fee. A perfusionist
				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, the address
				of each of the licensee's offices, and other necessary information prescribed
				by the board.
(b) 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 if required,
				as provided by §603.3031 of the Act.
(c) The board may prorate the length of the
				initial perfusionist registration and registration fees, so that registrations
				expire on a single date, regardless of the board meeting at which the
				perfusionist is licensed.
(d) The
				board shall provide written notice to each practitioner at the practitioner's
				address of record at least 30 days prior to the expiration date of the
				license.
(e) Within 30 days of a
				perfusionist's change of mailing or office address from the address on file
				with the board, a perfusionist shall notify the board in writing of such
				change.
(f) 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.
(g) The board may deny renewal of a license,
				pursuant to §603.401 of the Act, under the following circumstances:
(1) A licensee's falsification of a renewal
				application or submission of false information to obtain renewal of a
				license;
(2) A licensee's violation
				of the Act or rules;
(3) A
				licensee's default on a student loan as provided by the Education Code, §
										57.491
				relating to student loan default; or
(4) A licensee's default on a child support
				obligation as provided by the Texas Family Code, Title 5, Subtitle D, Chapter
				232.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 188 - PERFUSIONISTS › Section 188.10 - Code of Ethics

Current through Reg. 49, No. 28; July 12, 2024
(a) The rules in
				this chapter shall constitute a code of ethics as authorized by the Act,
				§603.151.
(b) Perfusionists
				are obligated to maintain ethical and professional responsibilities and shall
				be expected to conform to all state and federal laws, rules, ethical and
				professional standards, including those set forth in Chapter 603 of the Act and
				this title.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 188 - PERFUSIONISTS › Section 188.12 - Supervision

Current through Reg. 49, No. 28; July 12, 2024
(a) Perfusionists
				shall perform perfusion under an order and under the supervision of a licensed
				physician and in accordance with §603.003 of the Act and this
				chapter.
(b) Perfusion-related
				policies and protocols shall be developed or approved by a licensed health
				facility or a physician through collaboration with administrators, licensed
				perfusionists, and other health professionals as required by §603.003 of
				the Act and this chapter.
(c) A
				provisionally licensed perfusionist under § 188.7 of this chapter
				(relating to Provisional Licensed Perfusionists), shall be supervised by a
				perfusionist or physician who has an active and unrestricted license to
				practice as a perfusionist or physician in Texas.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 188 - PERFUSIONISTS › Section 188.14 - Discipline of Perfusionists

Current through Reg. 49, No. 28; July 12, 2024
(a)
				The board, upon finding a perfusionist has committed any of the acts set forth
				in § 188.13 of this chapter (relating to Grounds for Denial of Licensure
				and for Disciplinary Action), may enter an order imposing one or more of the
				allowable actions set forth under §603.151 and §603.401 of the Act
				including:
(1) deny the person's application
				for a license or other authorization to practice as a perfusionist;
(2) administer a public reprimand;
(3) order revocation, suspension, limitation,
				or restriction of a perfusionist's license, or other authorization to practice
				as a perfusionist, including limiting the practice of the person to, or
				excluding from the practice, one or more specified activities of the practice
				as a perfusionist or stipulating periodic board review;
(4) require a perfusionist to submit to care,
				counseling, or treatment by a health care practitioner designated by the
				board;
(5) order the perfusionist
				to perform public service;
(6)
				require the perfusionist to complete additional training;
(7) require the perfusionist to participate
				in continuing education programs; or
(8) assess an administrative penalty against
				the perfusionist.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 188 - PERFUSIONISTS › Section 188.15 - Disciplinary Guidelines

Current through Reg. 49, No. 28; July 12, 2024
(a) Chapter 190
				of this title (relating to Disciplinary Guidelines) shall apply to
				perfusionists 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;
(5)
				aggravating and mitigating factors; and
(6) criminal convictions.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 188 - PERFUSIONISTS › Section 188.17 - Complaint Procedure Notification

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to §603.202 of the Act, §
									178.3
				  of this title (relating to Complaint Procedure Notification) shall govern
				  perfusionists with regard to methods of notification for filing complaints with
				  the agency. If the provisions of §
									178.3
				  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 188 - PERFUSIONISTS › Section 188.18 - Investigations

Current through Reg. 49, No. 28; July 12, 2024
(a) Investigation
				of complaints shall be conducted in accordance with Chapter 178 of this title
				(relating to Complaints) and Chapter 179 of this title (relating to
				Investigations) and referred to an informal settlement conference in accordance
				with Chapter 187 of this title (relating to Procedural Rules), if appropriate.
				If the provisions of Chapters 178, 179 or 187 of this title conflict with the
				Act or rules under this chapter, the Act and provisions of this chapter shall
				control.
(b) Confidentiality. All
				complaints, adverse reports, monitoring reports, investigation files,
				investigation materials, investigative reports, and other investigative
				information in the possession of, or received, or gathered by the board or its
				employees or agents relating to a person, licensee, an application for license,
				or a criminal investigation or proceeding are privileged and confidential and
				are not subject to discovery, subpoena, or other means of legal compulsion for
				their release to anyone other than the board or its employees or agents
				involved in the investigation or discipline of a person or license
				holder.
(c) Permitted disclosure of
				investigative information. Investigative information in the possession of the
				board or its employees or agents that relates to discipline of a licensee and
				information contained in such files may not be disclosed except in the
				following circumstances:
(1) to the
				appropriate licensing or regulatory authorities in other states or the District
				of Columbia or a territory or country where the perfusionist is licensed,
				registered, or certified or has applied for a license;
(2) to a peer assistance program approved by
				the board under Chapter 467, Health and Safety Code;
(3) to appropriate law enforcement agencies
				if the investigative information indicates a crime may have been committed and
				the board shall cooperate with and assist all law enforcement agencies
				conducting criminal investigations of licensees by providing information
				relevant to the criminal investigation to the investigating agency and any
				information disclosed by the board to an investigative agency shall remain
				confidential and shall not be disclosed by the investigating agency except as
				necessary to further the investigation; or
(4) persons engaged in bona fide research, if
				all individual-identifying information has been deleted.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 188 - PERFUSIONISTS › Section 188.19 - Third Party Reports to the Board

Current through Reg. 49, No. 28; July 12, 2024
(a) Any medical peer review committee in this
				state, any perfusionist licensed to practice in this state shall report
				relevant information to the board related to the acts of any perfusionist in
				this state if, in the opinion of the medical peer review committee, the
				perfusionist poses a continuing threat to the public welfare through his
				practice as a perfusionist. The duty to report under this section shall not be
				nullified through contract.
(b)
				Professional Review Actions. A written report of a professional review action
				taken by a peer review committee or a health-care entity provided to the board
				must contain the results and circumstances of the professional review action.
				Such results and circumstances shall include:
(1) the specific basis for the professional
				review action, whether or not such action was directly related to the care of
				individual patients; and
(2) the
				specific limitations imposed upon the perfusionist's clinical privileges, upon
				membership in the professional society or association, and the duration of such
				limitations.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 188 - PERFUSIONISTS › Section 188.20 - Impaired Perfusionists

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 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 has engaged in
				the intemperate use of drugs or alcohol;
(4) evidence of repeated arrests of a
				licensee for intoxication or drug use;
(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 188 - PERFUSIONISTS › Section 188.21 - Procedure

Current through Reg. 49, No. 28; July 12, 2024
Chapter 187 of this title (relating to Procedural Rules)
				  shall govern procedures relating to perfusionists 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 188 - PERFUSIONISTS › Section 188.22 - Compliance

Current through Reg. 49, No. 28; July 12, 2024
Chapter 189 of this title (relating to Compliance Program)
				  shall be applied to perfusionists 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 188 - PERFUSIONISTS › Section 188.23 - 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 188 - PERFUSIONISTS › Section 188.26 - Exemption from Registration Fee for Retired Perfusionists Providing Voluntary Charity Care

Current through Reg. 49, No. 28; July 12, 2024
(a) A retired
				perfusionist licensed by the board whose only practice is the provision of
				voluntary charity care shall be exempt from the registration fee.
(b) As used in this section:
(1) "voluntary charity care" means perfusion
				services provided for no compensation to:
(A)
				indigent populations;
(B) in
				medically underserved areas; or
(C)
				for a disaster relief organization.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 188 - PERFUSIONISTS › Section 188.28 - Exemption from Registration Fee for Retired Perfusionists

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				registration fee shall not apply to retired perfusionists. To become exempt
				from the registration fee due to retirement:
(1) the perfusionist's current license must
				not be under an investigation or order with the board or otherwise have a
				restricted license; and
(2) the
				perfusionist must request in writing on a form prescribed by the board for his
				or her license to be placed on official retired status.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 188 - PERFUSIONISTS › Section 188.29 - 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 perfusionists where applicable. If the provisions of Chapter 196 of
				  this title conflict with the Licensed Perfusionist Act or rules under this
				  chapter, the Licensed Perfusionist Act and provisions of this chapter shall
				  control.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 188 - PERFUSIONISTS › Section 188.30 - 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 perfusion
				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 perfusion certificate or
				permit 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 189 - COMPLIANCE PROGRAM › Section 189.1 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				purposes of this chapter are:
(1) to establish
				requirements and responsibilities for a probationer who is under an order or
				remedial plan of the board; and
(2)
				to establish a system of monitoring a probationer's compliance with the terms
				and conditions of an order or remedial plan of the board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 189 - COMPLIANCE PROGRAM › Section 189.3 - Responsibilities of Probationers

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Comply with Terms and Conditions of Order or Remedial Plan. A probationer must
				comply with all terms and conditions of his or her order or remedial plan. If a
				probationer fails to comply with the terms and conditions of an order or
				remedial plan, the probationer shall be subject to agency review and action for
				non-compliance as set out in § 189.8 of the title (relating to Procedures
				Concerning Non-Compliance).
(b)
				Document Continuing Medical Education (CME).
(1) A probationer is solely responsible for
				providing acceptable documentation to demonstrate compliance with CME or other
				educational requirements under an order or remedial plan.
(2) The following documentation will be
				acceptable to demonstrate compliance with CME requirements under an order or
				remedial plan:
(A) a certificate of
				completion from any formal CME course taken as defined under §
											166.2(a)(1)
				of this title (relating to Continuing Medical Education);
(B) a letter from the presenter(s) on
				letterhead sent directly from the author of the letter to the agency;
				or
(C) a report of CME activities
				provided directly to the agency by a third party testing entity accredited by
				Accreditation Council for Continuing Medical Education and approved by the
				American Medical Association or American Osteopathic Association.
(3) The following documentation is
				not acceptable to demonstrate compliance with a CME or other educational
				requirement:
(A) a copy of attendance
				form;
(B) answers from tests
				taken;
(C) a letter sent by a
				probationer from an individual stating that the probationer was at a class;
				or
(D) a listing of CME/ethics
				courses taken.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 189 - COMPLIANCE PROGRAM › Section 189.4 - Limitations on Physician Probationer's Practice

Current through Reg. 49, No. 28; July 12, 2024
(a) A probationer is not authorized to
				supervise a physician assistant, advanced practice nurse, or surgical assistant
				unless expressly permitted under the probationer's order.
(b) A probationer may not delegate
				prescriptive authority to a physician assistant or advanced practice nurse
				unless expressly permitted under the probationer's order.
(c) A finding that a probationer has violated
				or attempted to violate subsections (a) and (b) of this section shall be
				considered unprofessional and dishonorable conduct likely to deceive, defraud
				or injure the public and is a violation of the Act.
(d) In accordance with § 204.205(1),
				Texas Occupations Code, and §
									185.2(23)
				of this title (relating to Definitions), a probationer may not supervise or
				delegate prescriptive authority to a physician assistant if the probationer's
				license and practice of medicine are restricted by an order of the
				board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 189 - COMPLIANCE PROGRAM › Section 189.5 - Compliance Visits and Communications

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Agency representatives shall make random and unannounced visits with a
				probationer at a probationer's practice location, residence, or other location
				to investigate compliance with an order or remedial plan.
(b) Agency representatives shall determine
				the time, date, and location of all visits. A probationer must submit to random
				unannounced visits. A probationer or a probationer's authorized representative
				may not request to meet at specific times, dates, or locations.
(c) While agency representatives will focus
				on assuring the confidentiality of rehabilitation orders, agency
				representatives investigating a probationer's compliance with a rehabilitation
				order may communicate with third parties. Agency representatives shall not
				discuss the existence of an order, findings of fact, conclusions of law, or the
				terms and conditions of the order with persons to whom the order does not
				authorize disclosure. This does not preclude agency representatives from
				communicating that they are employees of the board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 189 - COMPLIANCE PROGRAM › Section 189.6 - Probation Appearances

Current through Reg. 49, No. 28; July 12, 2024
(a) Written
				notice directing a probationer to appear for a probation appearance shall be
				mailed no less than 10 days before the scheduled probation appearance to the
				probationer's address of record.
(b) A probationer shall be required to make
				probation appearances as stipulated in an order or remedial plan unless waived
				by the board.
(c) Upon
				recommendation of the executive director, the board may, with just cause, waive
				probation appearances required under the terms and conditions of an order or
				remedial plan. Just cause includes, but is not limited to, a probationer being
				in full compliance with the terms and conditions set forth in an order or
				remedial plan since the last anniversary date of the order or remedial
				plan.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 189 - COMPLIANCE PROGRAM › Section 189.7 - Modification/Termination Hearings

Current through Reg. 49, No. 28; July 12, 2024
(a) A request for a
				modification/termination hearing or reinstatement hearing must be submitted in
				writing by the probationer. The writing must specifically detail the requested
				desired action. A probationer must be in full compliance with all the terms and
				conditions of his or her order to be eligible for the board to consider
				modification or termination of an order unless the modification or termination
				relates to the factors outlined in §
									187.43(d)(2)
				of this title (relating to Proceedings for the Modification/Termination of
				Agreed Orders and Disciplinary Orders).
(b) If a probationer is determined to be
				eligible for a hearing according to the terms of the order, §
									187.43
				of this title, and Chapter 167 of this title (relating to Reinstatement and
				Reissuance) (as applicable), a date and time for the hearing shall be set and
				the probationer shall be notified in writing. If prior to the date of the
				meeting the probationer becomes the subject of a board investigation, the
				petition will be withdrawn and the meeting will be cancelled. For such
				petitions that are withdrawn, the probationer will not be eligible to submit a
				new petition for modification or termination until the board investigation and
				board action, if any, is resolved.
(c) If the probationer desires to submit
				evidence for consideration by the board's representatives, the probationer must
				provide at least three copies of all evidence no less than ten calendar days
				prior to the hearing. The board's representatives may refuse to consider
				evidence not timely submitted.
(d)
				When considering a modification or termination request, the board's
				representatives must make a determination of the probationer's full compliance
				as defined in §
									187.43(f)
				of this title. When considering a reinstatement request, the board's
				representatives must make a determination of the probationer's eligibility
				under Chapter 167 of this title.
(e) In addition, when considering a
				modification, termination, or reinstatement request, the board's
				representatives may also consider:
(1)
				evidence presented by the probationer;
(2) the existence of prior orders;
				and
(3) any information or evidence
				the board's representatives deem necessary to make an informed
				decision.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 189 - COMPLIANCE PROGRAM › Section 189.8 - Procedures Concerning Non-Compliance

Current through Reg. 49, No. 28; July 12, 2024
(a)
				A finding that a probationer is in non-compliance with the terms and conditions
				of the probationer's order or remedial plan may be made by the board's
				representatives at the conclusion of a probation appearance or by the executive
				director.
(b) A finding of
				non-compliance shall be considered unprofessional or dishonorable conduct
				likely to deceive, defraud, or injure the public and is a violation of the
				Act.
(c) Non-compliance includes,
				but is not limited to:
(1) Failure to comply
				with a term or condition in an order or remedial plan;
(2) Failure to cooperate with agency
				representatives;
(3) Failure to
				promptly respond to communications by agency representatives;
(4) Failure to comply with deadlines set
				forth in an order or remedial plan or as established by agency representatives
				for the purpose of enforcement of an order or remedial plan;
(5) Failure to timely submit documents
				required as a term or condition of an order or remedial plan;
(6) Failure to release documents as requested
				by agency representatives;
(7)
				Failure and/or refusal to meet with and discuss compliance matters with agency
				representatives during any compliance visit;
(8) Interference by probationer or agents of
				probationer that compromises and/or prevents agency representatives from
				fulfilling duties and responsibilities as set by an order, remedial plan, rule,
				or statute during a compliance visit; and
(9) Any expression by word or deed, either
				directly or indirectly, to agency representatives that a reasonable person
				would find as harassing, insulting, disrespectful, or rude.