reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 172 - TEMPORARY AND LIMITED LICENSES › Subchapter C - LIMITED LICENSES › Section 172.15 - Public Health License

Current through Reg. 49, No. 28; July 12, 2024
(a) The board may
				  issue a license that is limited to public health medicine to an applicant
				  pursuant to the authority of §
										155.009,
				  Texas Occupations Code, authorizing the board to issue a limited license for
				  the practice of administrative medicine.
(b) "Public health medicine," as used in this
				  section, means professional managerial, administrative, or supervisory
				  activities related to public health or the practice of medicine on behalf of
				  and as defined by a governmental entity serving as a public health agency or
				  institution, including prescriptive authority for public health purposes,
				  preventive interventions, diagnosis and treatment of communicable and vaccine
				  preventable diseases, pharmacological interventions for smoking cessation and
				  contraception, and other clinical preventive medicine interventions such as
				  those to prevent obesity and diabetes.
(c) An applicant for a public health license
				  must complete the same application and meet the same requirements as an
				  applicant for a full Texas medical license, except:
(1) the applicant for a public health license
				  shall not be required to show that the applicant has been engaged in the active
				  practice of medicine, as defined in §
											163.11
				  of this title (relating to Active Practice of Medicine);
(2) the applicant must be employed by or
				  under contract with a governmental entity serving as a public health agency or
				  institution; and
(3) the
				  application shall be endorsed by a physician affiliated with the governmental
				  entity or the Texas Department of State Health Services. An endorsement must
				  include a certificate by the endorsing physician that the applicant is of good
				  professional character and qualified to perform public health services as
				  defined by the governmental entity.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 172 - TEMPORARY AND LIMITED LICENSES › Subchapter C - LIMITED LICENSES › Section 172.16 - Provisional Licenses for Medically Underserved Areas

Current through Reg. 49, No. 28; July 12, 2024
(a) The board shall issue a provisional
				  license to an applicant for a license who:
(1) is licensed in good standing with another
				  state medical licensing entity;
(2)
				  passed an examination within the number of allowed attempts as provided under
				  §
											163.6
				  of this title (relating to Examinations Accepted for Licensure);
(3) submits information to the board to be
				  used for criminal background checks; and
(4) is sponsored by a person licensed under
				  the Medical Practice Act with whom the applicant may practice under unless the
				  board waives this requirement after determination that compliance with this
				  provision constitutes a hardship to the applicant.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 172 - TEMPORARY AND LIMITED LICENSES › Subchapter C - LIMITED LICENSES › Section 172.17 - Limited License for Practice of Administrative Medicine

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to §
										155.009,
				  Texas Occupations Code, the board may issue to an applicant a license that is
				  limited to administrative medicine.
(b) "Administrative medicine," as used in
				  this section means administration or management utilizing the medical and
				  clinical knowledge, skill, and judgment of a licensed physician, and capable of
				  affecting the health and safety of the public or any person.
(c) An administrative medicine license does
				  not include the authority to practice clinical medicine, prescribe dangerous
				  drugs or controlled substances, or delegate medical acts or prescriptive
				  authority.
(d) An applicant for an
				  administrative medicine license must complete the same application and meet the
				  same requirements as an applicant for a full Texas medical license, except that
				  the applicant for an administrative medicine license shall not be required to
				  show that the applicant has been engaged in the active practice of medicine, as
				  defined in §
										163.11
				  of this title (relating to Active Practice of Medicine). Applicants for
				  administrative medicine licenses must demonstrate that they have practiced
				  administrative medicine in either of the two years preceding date of
				  application or otherwise demonstrate that they are competent to practice
				  administrative medicine.
(e) The
				  holder of an administrative medicine license shall be required to pay the same
				  fees and meet all other requirements for issuance and renewal of the license as
				  a person holding a full Texas medical license.
(f) The holder of an Administrative Medicine
				  License shall be subject to the Medical Practice Act and the Rules of the board
				  as a person holding a full Texas medical license.
(g) This section shall have no effect on any
				  full Texas medical license issued prior to the effective date of this rule. The
				  license of any physician who has agreed to a board order restricting the
				  license to administrative medicine based solely on the failure to meet the
				  licensure requirement to be engaged in the active practice of medicine, upon
				  request of the physician, may be converted to an administrative medicine
				  license and the board order regarding such physician shall be terminated,
				  provided that the only requirement of the order is the restriction to
				  administrative medicine.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 172 - TEMPORARY AND LIMITED LICENSES › Subchapter C - LIMITED LICENSES › Section 172.18 - Military Limited Volunteer License

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Pursuant to § 155.103 of the Texas Occupations Code, the Board may issue a
				  military limited volunteer license to practice medicine to an applicant who:
(1) is licensed and in good standing, or was
				  licensed and retired in good standing, as a physician in another
				  state;
(2) is or was authorized as
				  a physician to treat personnel enlisted in a branch of the United States armed
				  forces or veterans; and
(3) meets
				  all other requirements prescribed by Board Rule.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 172 - TEMPORARY AND LIMITED LICENSES › Subchapter C - LIMITED LICENSES › Section 172.19 - Sports Team Physician Limited License

Current through Reg. 49, No. 28; July 12, 2024
The following paragraphs apply to an out-of-state,
					 non-Texas licensed physician who is designated or employed as a physician for
					 visiting athletes, athletic teams, and sporting-event related individuals
					 participating in sporting events in Texas, and family members of such
					 individuals.
(1) Licensure Required
				  for Sports Team Physician. Unless otherwise exempt under paragraph (2) of this
				  section, an out-of-state team physician, who is not licensed in Texas, is
				  required to obtain a limited license. In order to obtain the limited license,
				  the team physician must meet the following requirements:
(A) be employed or designated as a team
				  physician by a sports team visiting this state for a specific sporting
				  event;
(B) be licensed to practice
				  medicine in the team's home state; and
(C) limit patient care to the period
				  beginning on the date the team arrives in this state for the sporting event to
				  the date that the team leaves the state, to:
(i) the members, coaches, and staff of the
				  team; and
(ii) a family member of a
				  person described by clause (i) of this subparagraph, if the family member is
				  visiting this state for the event.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 172 - TEMPORARY AND LIMITED LICENSES › Subchapter D - DISASTER EMERGENCY RULE › Section 172.20 - Physician Practice and Limited License for Disasters and Emergencies

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of
				  this rule is to allow the Texas Medical Board, its advisory boards and
				  committees (collectively "Board") to provide a rapid and safe response to
				  health care and medical needs as a result of natural disasters and emergencies
				  through an emergency licensing process. In the event of an occurrence for which
				  the Governor of the State of Texas has declared a state of emergency, in
				  accordance with the Texas Government Code, the Office of the Governor may
				  temporarily suspend all necessary statutes and rules to allow health care
				  providers to practice medicine, or within the scope of their appropriate
				  licensure, permit, or certification in Texas to assist with disaster response
				  operations.
(b) The Board shall,
				  pursuant to a lawful emergency declaration, waive requirements for licensure
				  except to the extent set forth below and after the Governor of the State of
				  Texas has declared a disaster or state of emergency, or in the event of an
				  occurrence for which a county or municipality has declared a disaster or state
				  of emergency, or to protect the public health, safety or welfare of its
				  citizens. There are two ways for physicians to practice medicine under this
				  rule:
(1) Hospital-to-Hospital Credentialing:
				  A physician who holds a full, unlimited and unrestricted license to practice
				  medicine in another U.S. state, territory or district and has unrestricted
				  hospital credentials and privileges in any U.S. state, territory or district
				  may practice medicine at a hospital that is licensed by the Texas Health and
				  Human Services Commission upon the following terms and conditions being met:
(A) the licensed Texas hospital shall verify
				  all physician credentials and privileges;
(B) the licensed Texas hospital shall keep a
				  list of all physicians coming to practice and shall provide this list to the
				  Board within ten (10) days of each physician starting practice at the licensed
				  Texas hospital; and
(C) the
				  licensed Texas hospital shall also provide the Board a list of when each
				  physician has stopped practicing medicine in Texas under this section within
				  ten (10) days after each physician has stopped practicing medicine under this
				  section.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 172 - TEMPORARY AND LIMITED LICENSES › Subchapter D - DISASTER EMERGENCY RULE › Section 172.21 - Other Health Care Providers Practice and Limited License for Disasters and Emergencies

Current through Reg. 49, No. 28; July 12, 2024
(a) For out of
				  state licensees, permit holders, and certificate holders, other than
				  physicians, who practice in health care areas subject to regulation by the
				  Board, the process for obtaining authority to practice in Texas during a
				  disaster or emergency is set out in §172.20(b)(1) and (2), relating to
				  Physician Practice and Limited License for Disasters and Emergencies, including
				  all verification and reporting requirements.
(b) In addition, the following is applicable
				  to these health care providers:
(1) the
				  health care provider must practice under the supervision and delegation of a
				  physician and the supervising physician must be licensed and practicing in
				  Texas prior to the date of the disaster or emergency declaration and without
				  restrictions on ability to supervise or delegate;
(2) except as specified in subsection (c) of
				  this section, the provisions related to supervision and delegation under §
											157.001,
				  Texas Occupations Code, apply to both the health care provider and supervising
				  physician; and
(3) the health care
				  provider must also comply with all provisions of the applicable Texas
				  Occupations Code for that occupation.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 173 - PHYSICIAN PROFILES › Section 173.2 - Profile Update and Correction Form

Current through Reg. 49, No. 28; July 12, 2024
(a)
				The board shall develop a Profile Update and Correction Form (the "Form") which
				allows for corrections and/or updates to the profile information to be made by
				the physician. The physician must submit all changes to profile information
				upon this Form, or indicate on the Form that no changes are necessary. The Form
				shall contain the date the information will be made available to the public and
				will allow the physician to request a copy of the physician's profile. Upon
				such request, and when the profile information has been updated, the board
				shall provide a copy to the physician. The Form will be made available in hard
				copy and on the Internet.
(b)
				Compliance with the request for information from the board is mandatory.
				Failure to return the completed Form to the board shall be considered
				non-compliance. Non-compliance shall result in nonrenewal of the physician's
				license until such time as the physician provides the requested
				information.
(c) Submission of
				false or misleading information or omission of required information by the
				physician shall be considered grounds for disciplinary action.
(d) All data contained in the profile shall
				indicate the source of the data and the last update date.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 173 - PHYSICIAN PROFILES › Section 173.3 - Physician-Initiated Updates

Current through Reg. 49, No. 28; July 12, 2024
(a) Physicians are
				required to attest as to whether or not the physician's profile information is
				correct at the time of the physician's registration and to initiate correction
				of any incorrect information.
(b)
				Physicians should maintain current profile information by submitting updates
				and corrections as changes occur.
(c) The physician shall make necessary
				corrections and updates by submitting a profile update and correction form or
				by submitting it online if completing the registration via the
				internet.
(d) A physician shall
				report the following to the Board within 30 days after the event:
(1) Any change of mailing or practice
				address;
(2) Incarceration in a
				state or federal penitentiary;
(3)
				A description of any conviction for a felony, a Class A or Class B misdemeanor,
				or a Class C misdemeanor involving moral turpitude;
(4) A description of any charges reported to
				the board to which the physician has pleaded no contest, for which the
				physician is the subject of deferred adjudication or pretrial diversion, or in
				which sufficient facts of guilt were found and the matter was continued by a
				court;
(5) An initial finding by
				the trier of fact of guilt of a felony under:
(A) Chapter 481 or 483, Health and Safety
				Code (relating to offenses involving controlled substances and dangerous
				drugs);
(B) Section
				485.033,
				Health and Safety Code (relating to offenses involving inhalant paraphernalia);
				or
(C) the Comprehensive Drug Abuse
				Prevention and Control Act of 1970 (21
				U.S.C. §
												801
et
				seq.
);
(6) Any
				disciplinary action issued by another state, territory, or nation against the
				physician's medical license; or
(7)
				Any medical malpractice claim against the physician for which the physician was
				found liable, a jury awarded monetary damages to the claimant, and the award
				has been determined to be final and not subject to further appeal. This does
				not include any offers by the physician to settle the claim.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 173 - PHYSICIAN PROFILES › Section 173.4 - Updates to the Physician's Profile Due to Board Action

Current through Reg. 49, No. 28; July 12, 2024
(a) When the board takes disciplinary action
				or files a formal complaint at the State Office of Administrative Proceedings
				pursuant to Section 164.005 of the Act against a physician, such action shall
				be noted on the physician's profile not later than the 10th working day after
				the board's action occurs and shall be made available to the public.
(b) All records relating to formal complaints
				that have been posted on a physician's profile shall be removed if:
(1) the complaint was dismissed more than
				five years before the date of the update; and
(2) the complaint was dismissed as baseless,
				unfounded, or not supported by sufficient evidence that a violation occurred,
				or no action was taken against the physician's license as a result of the
				complaint.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 173 - PHYSICIAN PROFILES › Section 173.5 - Updates to the Physician's Profile Due to Information Received by a Third Party

Current through Reg. 49, No. 28; July 12, 2024
(a) When the board
				is notified by a third party of a change in profile information for a
				physician, the board shall send a copy of the Form to the physician with the
				changes noted. The physician shall have one month in which to correct factual
				errors or dispute the information.
(b) Amendments to a physician's profile shall
				be made by the board when:
(1) the board
				receives information from non-governmental third-parties that has been verified
				by the board and contradicts information reported on a physician's
				profile;
(2) the board receives
				information from state or federal governmental authorities regarding criminal
				convictions described in §
										173.1(b)(20) and
				(21) of this title (relating to Profile
				Contents);
(3) the board determines
				that information provided on a physician's profile would violate state or
				federal confidentiality laws; or
(4) the board otherwise determines that
				information provided on a physician's profile is false or misleading.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 173 - PHYSICIAN PROFILES › Section 173.7 - Corrections and the Dispute Process

Current through Reg. 49, No. 28; July 12, 2024
(a) If
				the physician wishes to make corrections or dispute the proposed profile
				information updated under any section of this chapter, the procedures in this
				section shall apply.
(b) If the
				board receives the Form from the physician without corrections to the profile
				information, the profile shall be made available to the public as is.
(c) If the board receives the Form from the
				physician and the physician has indicated corrections to the information on the
				Form, the board shall review the proposed corrections.
(d) If the board determines that the
				physician's corrections are satisfactory, the board shall update the profile
				information and make the profile available to the public.
(e) If the board determines that the
				physician's corrections are unsatisfactory, the board shall so notify the
				physician, along with a presentation of the information in a format
				satisfactory to the board, and instructions of the process that the physician
				must follow to dispute the information.
(f) If the physician wishes to dispute the
				profile information which is in the format satisfactory to the board, the
				physician must submit a formal letter of dispute to the board within two weeks
				of the date of the notification in subsection (e) of this section. The
				physician must then submit proof of factual error to the board within one month
				of the date of the notification in subsection (e) of this section.
(g) Upon receipt of the formal letter of
				dispute from the physician, a notation that the information under dispute is
				"Not available" shall be attached to the appropriate category of the
				physician's profile and such notation shall be made available to the public on
				the profile.
(h) After review of
				the proof provided by the physician during the dispute process as described in
				subsection (f) of this section, the board shall make a determination as to the
				profile information to be provided to the public.
(i) Upon determination by the board of the
				dispute, the board shall notify the physician of the determination, shall
				update the physician's profile with the information, shall remove the "Not
				available" notation and shall make the profile available to the
				public.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 174 - TELEMEDICINE › Subchapter A - TELEMEDICINE › Section 174.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to
				  Chapter 111 of the Texas Occupations Code, and §151.056, §153.001 and
				  §157.001 of the Medical Practice Act, the Board is authorized to adopt
				  rules relating to the practice of medicine, including telemedicine medical
				  services.
(b) This chapter is
				  promulgated to clarify the requirements in Chapter 111 of the Texas Occupations
				  Code related to the provision of telemedicine medical services. This chapter
				  does not apply to out-of-state telemedicine licenses issued by the Board
				  pursuant to §151.056 of the Act and §
										172.12
				  of this title (relating to Out-of-State Telemedicine License), federally
				  qualified health centers (FQHCs), or to consultations provided by health
				  insurance help lines.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 174 - TELEMEDICINE › Subchapter A - TELEMEDICINE › Section 174.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter
					 shall have the following meanings unless the context indicates
					 otherwise.
(1) Prescription--Any
				  medication(s) that require a prescription issued to the ultimate user as the
				  result of a telemedicine medical service, by:
(A) a Texas licensed physician, and if the
				  prescription is for a controlled substance, the physician must have a current
				  valid DEA registration number; or
(B) issued by a Texas licensed practitioner,
				  acting under the delegated authority of a Texas licensed physician, and in
				  accordance with the required prescriptive authority agreement or other
				  permissible forms of delegation as set out by Chapter 157 of the Medical
				  Practice Act, and, if the prescription is for a controlled substance, the
				  licensed practitioner must have a current, valid DEA registration. In addition,
				  if the prescription is for a controlled substance listed in schedule II, the
				  licensed practitioners may only use the official prescription forms issued with
				  their name, address, phone number, and DEA numbers, and the delegating
				  physician's name and DEA number.
(C) The use of electronic prescriptions
				  (e-scripts) is allowed as permitted by state and federal law.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 174 - TELEMEDICINE › Subchapter A - TELEMEDICINE › Section 174.3 - Prevention of Fraud and Abuse

Current through Reg. 49, No. 28; July 12, 2024
All physicians utilizing telemedicine medical services in
					 their practices shall adopt protocols to prevent fraud and abuse through the
					 use of telemedicine medical services. In order to establish that a physician
					 has made a good faith effort these protocols must be consistent with standards
					 established by the Health and Human Services Commission pursuant to §
										531.02161
					 of the Government Code.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 174 - TELEMEDICINE › Subchapter A - TELEMEDICINE › Section 174.4 - Notice to Patients

Current through Reg. 49, No. 28; July 12, 2024
Privacy Practices.
(1) Physicians that communicate with patients
				  by electronic communications other than telephone or facsimile must provide
				  patients with written or electronic notification of the physicians' privacy
				  practices prior to evaluation or treatment via a telemedicine medical service.
				  In addition, a good faith effort must be made to obtain the patient's written
				  or electronic acknowledgement, including by e-mail, of the notice.
(2) The notice of privacy practices shall
				  include language that is consistent with federal standards under 45 CFR Parts
				  160 and 164 relating to privacy of individually identifiable health
				  information.
(3) Complaints to the
				  Board. Physicians that utilize telemedicine medical services must provide
				  notice of how patients may file a complaint with the Board on the physician's
				  website or with informed consent materials provided to patients prior to the
				  telemedicine medical service. Content and method of the notice must be
				  consistent with §
										178.3
				  of this title (relating to Complaint Procedure Notification).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 174 - TELEMEDICINE › Subchapter A - TELEMEDICINE › Section 174.5 - Issuance of Prescriptions

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The validity of a prescription issued as a result of a telemedicine medical
				  service is determined by the same standards that would apply to the issuance of
				  the prescription in an in-person setting.
(b) This rule does not limit the professional
				  judgment, discretion or decision-making authority of a licensed practitioner. A
				  licensed practitioner is expected to meet the standard of care and demonstrate
				  professional practice standards and judgment, consistent with all applicable
				  statutes and rules when issuing, dispensing, delivering, or administering a
				  prescription medication as a result of a telemedicine medical
				  service.
(c) A valid prescription
				  must be:
(1) issued for a legitimate medical
				  purpose by a practitioner as part of patient-practitioner relationship as set
				  out in §111.005, of Texas Occupations Code; and
(2) meet all other applicable laws before
				  prescribing, dispensing, delivering or administering a dangerous drug or
				  controlled substance.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 174 - TELEMEDICINE › Subchapter A - TELEMEDICINE › Section 174.6 - Minimum Standards for the Provision of Telemedicine Medical Services

Current through Reg. 49, No. 28; July 12, 2024
(a) A health
				  professional providing a health care service or procedure as a telemedicine
				  medical service:
(1) is subject to the same
				  standard of care that would apply to the provision of the same health care
				  service or procedures in an in person setting;
(2) must establish a practitioner-patient
				  relationship; and
(3) must maintain
				  complete and accurate medical records as set out in §
											165.1
				  of this title (relating to Medical Records).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 174 - TELEMEDICINE › Subchapter A - TELEMEDICINE › Section 174.7 - Enforcement Authority

Current through Reg. 49, No. 28; July 12, 2024
Complaints regarding violations of statutes and rules
					 related to telemedicine medical services may result in an investigation and
					 discipline under the Medical Practice Act and applicable rules and procedures,
					 or referral to the proper regulatory authority of the practitioner proving
					 telemedicine medical services.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 174 - TELEMEDICINE › Subchapter A - TELEMEDICINE › Section 174.8 - State Licensure

Current through Reg. 49, No. 28; July 12, 2024
Physicians who treat and prescribe through communications
					 technology are practicing medicine and must possess a full Texas medical
					 license when treating residents of Texas. An out-of-state physician may provide
					 episodic consultations without a Texas medical license, as provided in Texas
					 Occupations Code, § 151.056, §
										172.2(g)(4)
					 of this title (relating to Construction and Definitions), and §
										172.12(f)
					 of this title (relating to Out-of-State Telemedicine
					 License).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 174 - TELEMEDICINE › Subchapter B - MENTAL HEALTH SERVICES › Section 174.9 - Provision of Mental Health Services

Current through Reg. 49, No. 28; July 12, 2024
The Board recognizes that mental health services are
					 expressly exempt from the provisions of Section 111, Texas Occupations Code.
					 Pursuant to §§151.056, 153.001 and 157.001 of the Medical Practice
					 Act, the Board has authority to promulgate rules concerning mental health
					 services. Given that many areas of the state lack access to mental health
					 services and providers, the use of technology can help alleviate this shortage.
					 Therefore, the following rules are enacted to provide greater access to care,
					 while insuring patient safety:
(1)
				  Licensure or Certification Required--Any individual providing mental health
				  services must be properly licensed or certified in this state to perform health
				  care services, or be a qualified mental health professional-community services
				  (QMHP-CS) as defined in 25 TAC §
										412.303(48)
				  (relating to Definitions) and only perform tasks and activities within the
				  scope of the individual's licensure or certification.
(2) Use of Technology to Provide Mental
				  Health Services--Mental health services may be provided to a patient at a
				  different location from the location of the licensed or certified provider
				  using telecommunications or information technology.
(3) Establishing the Provider/Patient
				  Relationship--When providing mental health services, the provider must
				  establish the provider-patient relationship, which can be established through
				  use of telecommunications or information technology.
(4) Standard of Care--When providing mental
				  health services, such services must be conducted in the same manner as those in
				  a traditional in-person setting. This includes keeping of proper medical
				  records, performing observations and evaluations, and treatment. If treatment
				  involves the use of prescription medication, all applicable federal and state
				  laws and rules apply.
(5)
				  Investigations and Discipline--Complaints regarding violations of rules related
				  to mental health services may result in an investigation and discipline under
				  the Medical Practice Act and applicable board rules and procedures, or referral
				  to the proper regulatory authority of the practitioner providing the mental
				  health services.
(6) Chronic Pain
				  Treatment Prohibited--Treatment of chronic pain with scheduled drugs through
				  use of telecommunications or information technology is prohibited, unless
				  otherwise allowed under federal and state law.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 175 - FEES AND PENALTIES › Section 175.1 - Application and Administrative Fees

Current through Reg. 49, No. 28; July 12, 2024
The board shall charge the following fees for processing an
				  application for a license or permit:
(1) Physician Licenses:
(A) Full physician license--$817.
(B) Out-of-State Telemedicine
				license--$817.
(C) Administrative
				medicine license--$817.
(D)
				Distinguished Professor Temporary License--$817.
(E) Conceded Eminence--$817.
(F) Reissuance of license following
				revocation--$817.
(G) Temporary
				license:
(i) State health
				agency--$50.
(ii) Visiting
				physician--$-0-.
(iii) Visiting
				professor--$167.
(iv) National
				Health Service Corps--$-0-.
(v)
				Faculty temporary license--$552.
(vi) Postgraduate Research Temporary
				License--$-0-.
(vii) Provisional
				license--$107.
(H)
				Licenses and Permits relating to Graduate Medical Education:
(i) Initial physician in training
				permit--$200.
(ii) Physician in
				training permit for program transfer--$141.
(iii) Evaluation or re-evaluation of
				postgraduate training program--$250.
(iv) Physician in training permit for
				applicants performing rotations in Texas--$131.
(I) In accordance with § 554.006 of the
				Texas Occupations Code, for those physician license types that confer the
				authority to prescribe controlled substances and access the Prescription Drug
				Monitoring Program described by §§ 481.075, 481.076, and 481.0761 of
				the Texas Health and Safety Code, the Board shall charge an additional
				reasonable and necessary fee sufficient to cover the Board's responsible
				portion for costs related to the Texas Pharmacy Board's establishment and
				implementation of the drug monitoring program. The fee amount will be
				calculated in accordance with the Texas General Appropriations Act.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 175 - FEES AND PENALTIES › Section 175.2 - Registration and Renewal Fees

Current through Reg. 49, No. 28; July 12, 2024
The board shall charge the following fees to continue
				  licenses and permits in effect:
(1)
				Physician Registration Permits:
(A) Initial
				biennial permit--$456.
(B)
				Subsequent biennial permit--$452.
(C) Additional biennial registration fee for
				office-based anesthesia--$210.
(D)
				In accordance with § 554.006 of the Texas Occupations Code, for those
				physician license types that confer the authority to prescribe controlled
				substances and access the Prescription Drug Monitoring Program described by
				§§ 481.075, 481.076, and 481.0761 of the Texas Health and Safety
				Code, the board shall charge an additional reasonable and necessary fee
				sufficient to cover the board's responsible portion for costs related to the
				Texas Pharmacy board's establishment and implementation of the drug monitoring
				program. The fee amount will be calculated in accordance with the Texas General
				Appropriations Act.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 175 - FEES AND PENALTIES › Section 175.3 - Penalties

Current through Reg. 49, No. 28; July 12, 2024
In addition to any other application, registration, or
				  renewal fees, the board shall charge the following late fee penalties:
(1) Physicians:
(A) Physician's registration permit expired
				for 31 - 90 days--$75.
(B)
				Physician's registration permit expired for longer than 90 days but less than
				one year--$150.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 175 - FEES AND PENALTIES › Section 175.4 - Fee Exemption for Military Service Member, Military Veteran, or Military Spouse

Current through Reg. 49, No. 28; July 12, 2024
The license application fees do not apply to a military
				  service member, military veteran, or military spouse, as defined under §
									163.1 of
				  this title (relating to Definitions).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 175 - FEES AND PENALTIES › Section 175.5 - Payment of Fees or Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Method of Payment. Fees paid online must be submitted by credit card,
				electronic check, or debit card, as required by the online application. All
				other licensure fees or penalties must be submitted in the form of a money
				order, personal check, or cashier's check payable on or through a United States
				bank. Fees and penalties cannot be refunded except as provided in subsection
				(c) of this section. If a single payment is made for more than one individual
				permit, it must be made for the same class of permit and a detailed listing, on
				a form prescribed by the board, must be included with each payment.
(b) Additional Fees Based on Method of
				Payment.
(1) Online payments. Applicants and
				licensees who submit payments online may be subject to convenience fees set by
				the Department of Information Resources, that are in addition to the fees
				listed in §§
										175.1-
				175.3 of
				this title (relating to Application and Administrative Fees, Registration and
				Renewal Fees and Penalties).
(2)
				Payments submitted for hard-copy registration. Licensees who choose to register
				on paper if online processing is available will be subject to an additional fee
				of $50 collected by the board, in addition to the fees listed in §§
										175.1-
				175.3 of
				this title.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 176 - HEALTH CARE LIABILITY LAWSUITS AND SETTLEMENTS › Section 176.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
For the purposes of this chapter:
(1) "Health care liability claim" means a
				cause of action against a licensee for treatment, lack of treatment, or other
				claimed departure from accepted standards of medical or health care or safety
				that proximately results in injury to or death of a patient, whether the
				patient's claim or cause of action sounds in tort or contract. This definition
				is consistent with Texas Civil Practices and Remedies Code §74.001(a)(13)
				(relating to medical liability).
(2) "Complaint" means a petition or complaint
				filed as a lawsuit on a health care liability claim.
(3) "Settlement" means:
(A) a payment made by or on behalf of a
				licensee on a health care liability claim on which no lawsuit has been
				filed;
(B) an agreement to settle a
				lawsuit on a health care liability claim for a specified amount to be paid by
				or on behalf of a licensee;
(C) a
				dismissal or non-suit of a lawsuit on a health care liability claim with no
				payment; and
(D) a final judgment
				in a lawsuit on a health care liability claim entered by the trial
				court.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 176 - HEALTH CARE LIABILITY LAWSUITS AND SETTLEMENTS › Section 176.2 - Reporting Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a)
				The reporting form set out in §
									176.9
				of this chapter must be completed and forwarded to the Texas Medical Board for
				each defendant licensee against whom a health care liability complaint has been
				filed or a settlement has been made.
(1) An
				insurer shall report this information, as required by TEX. OCC. CODE §
				160.052(a).
(2) A licensee is
				ultimately responsible for assuring that this information is reported to the
				board, as required by TEX. OCC. CODE § 160.052(b). The licensee shall
				report the required information if:
(A) the
				licensee does not carry professional liability insurance as described in
				Chapter 1901 of the Texas Insurance Code;
(B) is not covered by professional liability
				insurance;
(C) is insured by a
				nonadmitted carrier;
(D) is insured
				by any other entity providing medical liability coverage and the licensee has
				reason to know that the entity is not timely reporting the required
				information.
(3) In
				addition, as part of the registration process, each licensee shall report:
(A) the name and address of any entity that
				provides the licensee coverage for health care liability claims;
(B) any health care liability lawsuits that
				have been filed since the last registration, including the date that the
				licensee was served with the lawsuit, the cause number, court, and county of
				suit;
(C) any settlements of health
				care liability claims or lawsuits that have been made since the last
				registration, including the date of the settlement, the amount paid by or on
				behalf of the licensee, and, if a lawsuit had been filed on the claim, the
				cause number, court, and county of suit.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 176 - HEALTH CARE LIABILITY LAWSUITS AND SETTLEMENTS › Section 176.3 - Separate Reports Required and Identifying Information

Current through Reg. 49, No. 28; July 12, 2024
One separate report shall be filed for each defendant insured
				  licensee. When Part II is filed, it shall be accompanied by the completed Part
				  I.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 176 - HEALTH CARE LIABILITY LAWSUITS AND SETTLEMENTS › Section 176.4 - Timeframes and Attachments

Current through Reg. 49, No. 28; July 12, 2024
(a) Part I of
				the form, reporting the filing of a lawsuit, shall be filed not later than the
				30th day after receipt of a complaint filed in a lawsuit against the licensee.
				A copy of the complaint and any expert report filed under Texas Civil Practices
				and Remedies Code Section 74.351, must be attached. If the expert report is not
				filed with the Court at the time the lawsuit is filed, the expert report shall
				be filed with the board, together with an updated Part I of the form, not later
				than the 30th day after receipt of the expert report.
(b) Part II of the form, reporting the
				settlement of a health care liability claim, shall be filed not later than the
				30th day after the date of settlement of a health care liability claim, whether
				or not a lawsuit has been filed.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 176 - HEALTH CARE LIABILITY LAWSUITS AND SETTLEMENTS › Section 176.5 - Alternate Reporting Formats

Current through Reg. 49, No. 28; July 12, 2024
(a)
				The information may be reported either on the reporting form set out in Section
				176.9
				of this chapter or in an alternate format.
(b) If an alternate format is used, the
				information must include at least the information requested in the reporting
				forms and must be legible.
(c) If
				an alternate format is used for Part II of the reporting form and a lawsuit has
				been filed on the health care liability claim, there must be enough
				identification data provided to enable board staff to match the report to the
				original report of the lawsuit. The data required to accomplish this include:
(1) name and license number of the defendant
				licensee;
(2) name of
				plaintiff;
(3) cause
				number;
(4) court; and
(5) county of suit.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 176 - HEALTH CARE LIABILITY LAWSUITS AND SETTLEMENTS › Section 176.6 - Penalty

Current through Reg. 49, No. 28; July 12, 2024
Failure by a licensed insurer to report under this chapter
				  shall be referred to the Texas Department of Insurance. Sanctions under Chapter
				  82 of the Texas Insurance Code, may be imposed for failure to
				  report.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 176 - HEALTH CARE LIABILITY LAWSUITS AND SETTLEMENTS › Section 176.7 - Claims not Required to be Reported

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Examples of claims that are not required to be reported under this chapter, but
				which may be reported, include the following:
(1) product liability claims (i.e. where a
				licensee invented a medical device that may have injured a patient but the
				licensee has had no personal physician-patient relationship with the specific
				patient claiming injury by the device);
(2) antitrust allegations;
(3) allegations involving improper peer
				review activities;
(4) civil rights
				violations; and
(5) allegations of
				liability for injuries occurring on a licensee's property, but not involving a
				breach of duty in the physician-patient relationship (i.e. slip and fall
				accidents).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 176 - HEALTH CARE LIABILITY LAWSUITS AND SETTLEMENTS › Section 176.8 - Board Review of Health Care Liability Lawsuits and Settlements

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance with Section 164.201 of the
				Act, the board shall review the medical competency of a licensee against whom
				three or more expert reports under Texas Civil Practices and Remedies Code
				Section 74.351, have been filed in three separate lawsuits within a five-year
				period in the same manner as if a complaint against the licensee had been made
				to the board under Section 154.051.
(b) The board shall also review the medical
				competency of a licensee if three or more separate lawsuits and/or settlements
				are reported to the board based on health care liability claims within a
				five-year period in the same manner as if a complaint against the licensee had
				been made to the board under Section 154.051.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 177 - BUSINESS ORGANIZATIONS AND AGREEMENTS › Subchapter A - DEFINITIONS › Section 177.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, unless the contents clearly indicate
					 otherwise.
(1) Act--The Texas Medical
				  Practice Act, Texas Occupations Code Annotated, Title 3 Subtitle B.
(2) Actively engaged in the practice of
				  medicine--The physician on a full-time basis is engaged in diagnosing, treating
				  or offering to treat any mental or physical disease or disorder or any physical
				  deformity or injury or performing such actions with respect to individual
				  patients for compensation and shall include clinical medical research, the
				  practice of clinical investigative medicine, the supervision and training of
				  medical students or residents in a teaching facility or program approved by the
				  Liaison Committee on Medical Education of the American Medical Association, the
				  American Osteopathic Association or the Accreditation Council for Graduate
				  Medical Education, and professional managerial, administrative, or supervisory
				  activities related to the practice of medicine or the delivery of health care
				  services. The term "full-time basis," for purposes of this section, shall mean
				  at least 20 hours per week for 40 weeks duration during a given year.
(3) Board--Texas Medical Board.
(4) Board of Directors--The board of the
				  health organization whether referred to as the board of directors, the board of
				  trustees or other title.
(5)
				  Certification by the Board--In accordance with Chapter 162, Texas Occupations
				  Code Annotated, the Board shall certify a health organization as a non-profit
				  health organization; as a migrant, community, or homeless health center; or as
				  a federally qualified health center.
(6) Chief Executive Officer--The officer of
				  the health organization authorized in the articles of incorporation, the
				  bylaws, or otherwise, to perform the functions of the principal executive
				  officer, irrespective of the name by which such officer may be designated by
				  the health organization.
(7)
				  Director--A member of a health organization's board of directors whether
				  referred to as a director, trustee or other title.
(8) Member--A member of the health
				  organization.
(9) Health
				  Organization--An applicant for or holder of certification from the Texas
				  Medical Board under the Act, § 162.001(b) and (c).
(10) Rules--The rules, 22 Texas
				  Administrative Code Chapters 161 - 200, promulgated by the Texas Medical Board
				  pursuant to the Act.
(11)
				  Supplier--
(A) A physician retained to
				  provide medical services to or on behalf of the health organization;
				  and
(B) any other person providing
				  or anticipated to provide services or supplies to or on behalf of the health
				  organization in excess of $10,000 during a twelve-month period.