reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 195 - PAIN MANAGEMENT CLINICS › Section 195.4 - Minimum Operational Standards for the Treatment of Pain Patients

Current through Reg. 49, No. 28; July 12, 2024
(a) Physicians
				treating a pain patient must:
(1) Operate in
				compliance with provisions of all applicable federal and state laws;
(2) Follow the standard of care;
(3) Maintain complete, contemporaneous and
				legible medical records, in the manner as a non-pain patient, and include
				documentation of:
(A) monitoring efficacy,
				daily functionality, description of pain relief;
(B) mandatory PMP checks;
(C) pain contracts, if applicable;
(D) support for billing; and
(E) drug testing results and other forms of
				monitoring for patient compliance with treatment recommendations.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 195 - PAIN MANAGEMENT CLINICS › Section 195.5 - Audits, Inspections and Investigations

Current through Reg. 49, No. 28; July 12, 2024
(a) Audits.
(1) Audits are non-disciplinary reviews:
(A) conducted as an off-site document review;
				and
(B) initiated by a Board
				subpoena request for documents as necessary to determine or verify:
(i) exemption from application of Chapter 168
				of the Act;
(ii) need to certify as
				a PMC; or
(iii) no certification
				requirement.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 196 - VOLUNTARY RELINQUISHMENT OR SURRENDER OF A MEDICAL LICENSE › Section 196.1 - Relinquishment of License

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Relinquishment by licensee.
(1) A licensee
				may at any time voluntarily relinquish or request cancellation of his or her
				license to practice medicine in Texas for any reason, without
				compulsion.
(2) Requests to
				relinquish or cancel a license must be submitted to the Board in
				writing.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 196 - VOLUNTARY RELINQUISHMENT OR SURRENDER OF A MEDICAL LICENSE › Section 196.2 - Surrender Associated with Disciplinary Action

Current through Reg. 49, No. 28; July 12, 2024
(a) When a licensee has surrendered his or
				her Texas medical license in lieu of a hearing or further investigation of
				alleged violations of the Medical Practice Act ("the Act"), Title 3 Subtitle B
				Texas Occupations Code, and its subsequent amendments, such a surrender shall
				be considered surrender associated with a disciplinary action.
(b) If the surrender of a Texas medical
				license was associated with disciplinary action, the Texas medical license
				shall not be returned to the licensee if the board's order on the merits of the
				disciplinary action is inconsistent with the return of that license. In
				addition to requirements set out in §
									196.4
				of this chapter (relating to Relicensure after Relinquishment or Surrender of
				License), a licensee who reapplies for licensure must demonstrate that the
				licensee's return to the practice is in the best interest of the public as
				defined under §
									167.4
				of this title (relating to Best Interests of the Public).
(c) If a licensee agrees to permanently
				surrender his or her license in lieu of further investigation or hearing, the
				licensee forfeits all rights to apply for any type of licensure with the
				board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 196 - VOLUNTARY RELINQUISHMENT OR SURRENDER OF A MEDICAL LICENSE › Section 196.4 - Relicensure After Relinquishment or Surrender of License

Current through Reg. 49, No. 28; July 12, 2024
In addition to other requirements established under this
				  chapter and § 164.151 of the Act, whenever a licensee relinquishes or
				  surrenders his or her Texas medical license and reapplies for licensure, the
				  licensee must establish competence to resume practice, payment of applicable
				  fees, compliance with current licensure eligibility provisions as provided
				  under Chapter 163 of this title (relating to licensure) and completion of
				  training, courses, examinations, or seminars as directed by the
				  board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 196 - VOLUNTARY RELINQUISHMENT OR SURRENDER OF A MEDICAL LICENSE › Section 196.5 - Competence to Resume Practice

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Unless otherwise specified in an order of the board the board shall determine
				whether or not a licensee is competent to resume practice based on evidence of
				the licensee's competence or lack thereof as adduced through the procedures
				provided for in Chapter 187 of this title (relating to Procedural
				Rules).
(b) Competence to resume
				practice may be shown by the licensee providing probative credible evidence to
				indicate that he or she is fit to resume the practice of medicine. Likewise,
				any controverting evidence may be introduced to show the licensee's lack of
				competence or fitness.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 197 - EMERGENCY MEDICAL SERVICE › Section 197.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of
				this chapter is to facilitate the most appropriate utilization of the skills of
				physicians who delegate health care tasks to qualified emergency medical
				services (EMS) personnel. Such delegation shall be consistent with the
				patient's health and welfare and shall be undertaken pursuant to supervisory
				guidelines, which take into account the skill, training, and experience of both
				physicians and EMS personnel.
(b)
				This chapter is not intended and shall not be construed so as to restrict a
				physician from delegating administrative and technical or clinical tasks not
				involving the exercise of independent medical judgment to those specially
				trained individuals instructed and directed by a licensed physician who accepts
				responsibility for the acts of such allied health personnel. Likewise, nothing
				in this chapter shall be construed to prohibit a physician from instructing a
				technician, assistant, or other employee, who is not among the classes of EMS
				personnel, as defined under this chapter, to perform delegated tasks so long as
				the physician retains supervision and control of the technician, assistant, or
				employee.
(c) Nothing in this
				chapter shall be construed to relieve the supervising physician of the
				professional or legal responsibility for the care and treatment of his or her
				patients. A physician who, after agreeing to supervise EMS personnel, fails to
				do so adequately and properly, may be subject to disciplinary action pursuant
				to the Medical Practice Act.
(d)
				Sections
				197.2-
				197.6
				of this chapter address:
(1) the
				qualifications, responsibilities, and authority of physicians who provide
				medical direction and/or supervision of prehospital care by EMS
				personnel;
(2) the qualifications,
				authority, and responsibilities of physicians who serve as medical directors
				(off-line);
(3) the relationship of
				EMS providers to the off-line medical director;
(4) components of on-line medical direction
				(direct medical control), including the qualifications and responsibilities of
				physicians who provide on-line medical direction and the relationship of
				prehospital providers to those physicians; and
(5) the responsibility of EMS personnel to
				private and intervenor physicians.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 197 - EMERGENCY MEDICAL SERVICE › Section 197.3 - Off-Line Medical Director

Current through Reg. 49, No. 28; July 12, 2024
(a) An off-line
				medical director shall be:
(1) a physician
				licensed to practice in Texas and shall be registered as an EMS medical
				director with the Texas Department of State Health Services;
(2) familiar with the design and operation of
				EMS systems;
(3) experienced in
				prehospital emergency care and emergency management of ill and injured
				patients;
(4) actively involved in:
(A) the training and/or continuing education
				of EMS personnel, under his or her direct supervision, at their respective
				levels of certification;
(B) the
				medical audit, review, and critique of the performance of EMS personnel under
				his or her direct supervision;
(C)
				the administrative and legislative environments affecting regional and/or state
				prehospital EMS organizations;
(5) knowledgeable about local multi-casualty
				plans;
(6) familiar with dispatch
				and communications operations of prehospital emergency units; and
(7) knowledgeable about laws and regulations
				affecting local, regional, and state EMS operations.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 197 - EMERGENCY MEDICAL SERVICE › Section 197.4 - On-Line Medical Direction

Current through Reg. 49, No. 28; July 12, 2024
(a) The EMS medical
				director shall assign the prehospital provider under his or her direction to a
				specific on-line communication resource by a predetermined policy.
(b) Specific local protocols shall define the
				circumstances under which on-line medical direction is required.
(c) A physician providing or delegating
				on-line medical direction ("on-line physician") shall be appropriately trained
				in the use of prehospital protocols.
(d) A physician providing or delegating
				on-line medical direction shall have personal expertise in the emergency care
				of ill and injured patients.
(e) A
				physician providing or delegating on-line medical direction for particular
				patients assumes responsibility for the appropriateness of prehospital care
				provided under his or her direction by EMS personnel.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 197 - EMERGENCY MEDICAL SERVICE › Section 197.6 - Authority To Conduct Research and/or Educational Studies

Current through Reg. 49, No. 28; July 12, 2024
(a) The medical director has the authority to
				design research projects and educational studies. Such studies should be
				approved by:
(1) EMS administrative
				officials; and
(2) an independent
				review panel if the project/study may have a differential impact on patient
				care.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 197 - EMERGENCY MEDICAL SERVICE › Section 197.7 - Physician Supervision of Emergency Medical Technician - Paramedic or Licensed Paramedic Care Provided in a Health Care Facility Setting

Current through Reg. 49, No. 28; July 12, 2024
(a) The following
				words and terms, when used in this section, shall have the following meanings,
				unless the context clearly indicates otherwise.
(1) Advanced life support--Health care provided to sustain life in
				an emergency, life-threatening situation. The term includes the initiation of
				intravenous therapy, endotracheal or esophageal intubation, electrical cardiac
				defibrillation or cardioversion, and drug therapy procedures.
(2) Direct supervision--Supervision by a
				licensed physician who is present in the same area or an area adjacent to the
				area where an emergency medical technician-paramedic or licensed paramedic
				performs a procedure and who is immediately available to provide assistance and
				direction during the performance of the procedure.
(3) Emergency medical technician-paramedic
				(EMT-P) or licensed paramedic (LP)--An individual who is certified by the
				Department of State Health Services (DSHS) as minimally proficient to provide
				advanced life support that includes initiation and maintenance of certain
				procedures under a physician's supervision, including intravenous therapy,
				endotracheal or esophageal intubation or both, electrical cardiac
				defibrillation or cardioversion, and drug therapy.
(4) Protocols--Written instructions
				providing EMT-Ps or LPs with a standardized approach to commonly encountered
				problems in a health care facility-based setting, typically in regard to
				patient care.
(5) Standing
				delegation orders--Instructions or orders provided by a supervising physician
				to EMT-Ps or LPs, directing them to perform certain medical care, as allowed by
				law.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 198 - STANDARDS FOR USE OF INVESTIGATIONAL AGENTS › Subchapter A - STANDARDS FOR USE OF INVESTIGATIONAL DRUGS, BIOLOGICAL PRODUCTS, OR DEVICES › Section 198.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of
				  this chapter is to recognize that physicians should be allowed a reasonable and
				  responsible degree of latitude in the kinds of therapies they offer their
				  patients. The Board has determined that use of investigational agents
				  constitutes the practice of medicine and is thus subject to all applicable
				  statutory and regulatory provisions of the Medical Practice Act and Board Rules
				  unless otherwise specifically stated. Section
				  198.4
				  of this chapter (relating to Use of Investigational Drugs, Biological Products,
				  or Devicesfor Patients with Terminal Illnesses) sets forth specific
				  requirements applicable only to terminal patients being treated with
				  investigational drugs, biological products or devices.
(b) Subchapter B of this title (relating to
				  Investigational Stem Cell Treatments for Patients with Certain Severe Chronic
				  Diseases or Terminal Illnesses) sets forth separate requirements applicable
				  only to the use of investigational stem cell treatments.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 198 - STANDARDS FOR USE OF INVESTIGATIONAL AGENTS › Subchapter A - STANDARDS FOR USE OF INVESTIGATIONAL DRUGS, BIOLOGICAL PRODUCTS, OR DEVICES › Section 198.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
(a) The following
				  words and terms, when used in this section, shall have the following meanings,
				  unless the context clearly indicates otherwise.
(1) Investigational drug, biological product,
				  or device--A drug, biological product, or device that is not approved or
				  licensed by the Food and Drug Administration (FDA) for use in humans and
				  remains under investigation in a clinical trial. Investigational drugs,
				  biological products, and devices may be used for the purposes of prevention,
				  treatment, diagnosis or for relieving symptoms of a disease. An investigational
				  drug, biological product or device shall not include:
(A) a drug, biological product, device,
				  diagnostic product or treatment regimen approved by the FDA, but used for
				  off-label purposes;
(B) a drug,
				  biological product, device, diagnostic product or treatment regimen which is
				  already approved for use by an existing Institutional Review Board
				  (IRB);
(C) products processed or
				  manufactured as human cell, tissue or cellular-or-tissue-based product
				  ("HCT/P") pursuant to Sections 351 and 361 of the Public Health Service Act
				  ("PHSA") (
				  42 U.S.C.
				  264 ); or
(D) a drug, device or biological product
				  pursuant to the federal Food Drug and Cosmetic Act (FDCA).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 198 - STANDARDS FOR USE OF INVESTIGATIONAL AGENTS › Subchapter A - STANDARDS FOR USE OF INVESTIGATIONAL DRUGS, BIOLOGICAL PRODUCTS, OR DEVICES › Section 198.3 - Practice Guidelines for the Use of Investigational Agents

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  administration or provision of an investigational drug, biological product, or
				  device constitutes the practice of medicine and, therefore, must be performed
				  under the direction of a licensed physician who is responsible for compliance
				  with the Medical Practice Act, Texas Occupations Code, Title 3, Subtitle B and
				  applicable Board Rules. Physicians administering or providing an
				  investigational drug, biological product, or device are obligated to maintain
				  their ethical and professional responsibilities. This includes maintaining a
				  distinction between their roles as physician-investigators and their roles as
				  treating physicians, as required by applicable federal law.
(b) Prior to the administration or provision
				  of an investigational drug, biological product or device, physicians must have
				  their proposed use either included in an FDA/NIH approved protocol/study or
				  approved by an IRB. The IRB must:
(1) be
				  affiliated with an academic setting or a Texas licensed hospital;
(2) be accredited by the Association for the
				  Accreditation of Human Research Protection Programs, Inc. (AAHRPP);
(3) be registered by the U.S. Department of
				  Health and Human Services Office for Human Research Protection, pursuant to 21
				  CFR Part 56; or
(4) have received
				  national accreditation by an organization acceptable to the TMB.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 198 - STANDARDS FOR USE OF INVESTIGATIONAL AGENTS › Subchapter A - STANDARDS FOR USE OF INVESTIGATIONAL DRUGS, BIOLOGICAL PRODUCTS, OR DEVICES › Section 198.4 - Use of Investigational Drugs, Biological Products, or Devices for Patients with Terminal Illnesses

Current through Reg. 49, No. 28; July 12, 2024
Investigational drugs, biological products, or devices
					 which meet the criteria enumerated in §
										198.2, of
					 this title (relating to Definitions) and have successfully completed phase one
					 of a clinical trial and remain under investigation in the clinical trial shall
					 be administered and provided to patients with terminal illnesses in accordance
					 with applicable law, including Chapter 489 of the Texas Health and Safety
					 Code.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 198 - STANDARDS FOR USE OF INVESTIGATIONAL AGENTS › Subchapter B - INVESTIGATIONAL STEM CELL TREATMENTS FOR PATIENTS WITH CERTAIN SEVERE CHRONIC DISEASES OR TERMINAL ILLNESSES › Section 198.5 - Use of Investigational Stem Cell Treatments for Patients with Certain Severe Chronic Diseases or Terminal Illnesses

Current through Reg. 49, No. 28; July 12, 2024
(a) The Legislature recognizes the need for
				  patient access to innovative medical treatments. At the same time, the health
				  and welfare of Texas citizens must be protected. These goals must be carefully
				  balanced.
(b) The purpose of this
				  subchapter is to set out the requirements for a patient to be eligible for
				  consideration of receiving investigational stem cell treatment and under what
				  circumstances a certified physician may administer or provide investigational
				  stem cell treatments. The implementation of this rule is contingent upon
				  qualifying chronic diseases or terminal illness being defined, as set out in
				  §
										1003.052 of the Texas
				  Health and Safety Code.
(c) This
				  rule does not require an eligible patient to receive such treatment, but rather
				  the statute sets the eligibility standards and the parameters under which
				  treatment may be provided to an individual with a qualifying severe chronic
				  disease or terminal illness.
(d)
				  Stem cell treatments which are under investigation in a clinical trial and
				  being administered to human participants:
(1)
				  may be administered or provided to eligible patients with qualifying terminal
				  illnesses or severe chronic diseases as defined by the executive commissioner
				  of the Health and Human Services Commission; and
(2) must be done in compliance with
				  applicable law.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 198 - STANDARDS FOR USE OF INVESTIGATIONAL AGENTS › Subchapter B - INVESTIGATIONAL STEM CELL TREATMENTS FOR PATIENTS WITH CERTAIN SEVERE CHRONIC DISEASES OR TERMINAL ILLNESSES › Section 198.6 - Process and Procedures for IRBs Engaged in the Use of Investigational Stem Cell Treatments for Patients with Certain Severe Chronic Diseases or Terminal Illnesses

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance
				  with Chapter 1003 of the Texas Health and Safety Code, each IRB overseeing
				  clinical trials of investigational stem cell treatments shall submit an annual
				  report to the Board that:
(1) sets forth the
				  study's current findings;
(2)
				  specifies the number of patients participating in the stem cell clinical
				  trial(s);
(3) includes the
				  treatment results of all patients treated with investigational stem cell
				  treatments;
(4) generally describes
				  the effects of the treatments and study's findings to date, including all
				  adverse events;
(5) includes the
				  medical school or hospital the IRB is affiliated with in accordance with §
											1003.055
				  of the Texas Health and Safety Code;
(6) includes the location where the patients'
				  treatments were provided in accordance with §
											1003.055
				  of the Texas Health and Safety Code;
(7) includes the names of all physicians
				  certified by the IRB or the affiliated entity to administer or provide
				  investigational stem cell treatments and the time-period of that certification;
				  and
(8) shall not include any
				  patient identifying information, as the report will be made available to the
				  public upon request.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 199 - PUBLIC INFORMATION › Section 199.1 - Public Information Committee

Current through Reg. 49, No. 28; July 12, 2024
(a)
				The board shall maintain the Public Information Committee as a standing and
				permanent committee of the board.
(b) As set forth in Chapter 161 of this title
				(relating to General Provisions), the responsibilities and authority of the
				Public Information Committee include those duties and powers set forth below
				and in this chapter, as well as such other responsibilities and authority which
				the board from time to time may delegate:
(1)
				develop informational brochures for distribution to the public;
(2) review and make recommendations to the
				board in regard to press releases, newsletters, and other
				publications;
(3) exhibit display
				booths at conventions;
(4) study
				and make recommendations to the board regarding all aspects of public
				information or public relations;
(5) make recommendations to the board
				regarding matters brought to the attention of the Public Information Committee;
				and
(6) maintain a website that
				includes information required by statute and that is easily accessible to the
				public.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 199 - PUBLIC INFORMATION › Section 199.2 - Requests to Speak

Current through Reg. 49, No. 28; July 12, 2024
(a) To provide the
				public with a reasonable opportunity to appear before the board and to speak
				regarding issues under the board's jurisdiction except as otherwise designated
				by these rules, written requests to speak may be submitted to the attention of
				the Public Information/Profile Committee at the board's current mailing
				address. Such request should be received no later than 10 business days prior
				to the board meeting at which the requestor wishes to speak.
(b) A requester will be notified in writing
				of the date and time for an opportunity to appear and speak before the Public
				Information/Profile Committee. The time allotted for any particular speaker
				will be determined in the discretion of the chairman or presiding member of the
				committee based on the subject matter and available time.
(c) The Public Information/Profile Committee
				shall make any necessary recommendations to the board regarding matters brought
				to the committee's attention by the public and shall report matters of interest
				to the board through the committee minutes.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 199 - PUBLIC INFORMATION › Section 199.3 - Requests for Information

Current through Reg. 49, No. 28; July 12, 2024
(a) The public
				may obtain copies of board newsletters, brochures, pamphlets, press releases
				and other board publications by written request to the attention of the Public
				Information Committee at the board's current mailing address, by fax, or by
				electronic mail to the board's designated email address.
(b) Public records of the board may be
				obtained to the extent allowed by law through a written request pursuant to the
				Public Information Act of Texas submitted to the attention of the Manager,
				Public Information at the board's current mailing address, by fax, or by
				electronic mail to the board's designated email address.
(c) The provision of written materials or
				records provided pursuant to a request made under this chapter shall be subject
				to applicable charges under this title and state law.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 199 - PUBLIC INFORMATION › Section 199.4 - Charges for Copies of Public Records

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Charges. The charge to any person requesting copies of any public record of the
				Texas Medical Board will be the charges established by the Office of the
				Attorney General.
(b) Routine
				items. All charges for routinely requested items shall be based upon the
				charges established by the Office of the Attorney General. A current price list
				may be requested from the Pre-Licensure, Registration, and Consumer Services
				Department of the Board. Upon written request, the board shall provide copies
				of routinely requested items, which shall include, but not be limited to, the
				following:
(1) Board Rules;
(2) Medical Practice Act;
(3) Board Action Data;
(4) New Physician List;
(5) Physician Directory; and
(6) Complete Electronic Database:
(A) Licensed Physician Database;
(B) Licensed Physician Assistant Database;
				and
(C) Licensed Acupuncturist
				Database.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 199 - PUBLIC INFORMATION › Section 199.5 - Notice of Ownership Interest in a Niche Hospital

Current through Reg. 49, No. 28; July 12, 2024
(a) A physician shall notify the Department
				of State Health Services of any ownership interest held by the physician in a
				niche hospital as required by § 162.052 of the Act.
(b) In this section, "niche hospital," as
				defined by § 105.002, Tex. Occ. Code, means a hospital that:
(1) classifies at least two-thirds of the
				hospital's Medicare patients or, if data is available, all patients:
(A) in not more than two major
				diagnosis-related groups; or
(B) in
				surgical diagnosis-related groups;
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 199 - PUBLIC INFORMATION › Section 199.6 - Enhanced Contract or Performance Monitoring

Current through Reg. 49, No. 28; July 12, 2024
(a)
				A contract for the purchase of goods or services that has a value exceeding $1
				million shall be considered to be a contract requiring enhanced monitoring
				pursuant to Texas Government Code, §
									2261.253.
(b) The board shall be informed
				and provided information about such contract.
(c) The agency's procurement manager or staff
				shall immediately inform the Executive Director and the board should any
				serious risk or issue arises, during the contract term, with respect to a
				contract monitored under this section.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 200 - STANDARDS FOR PHYSICIANS PRACTICING COMPLEMENTARY AND ALTERNATIVE MEDICINE › Section 200.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this chapter is to recognize that physicians
				  should be allowed a reasonable and responsible degree of latitude in the kinds
				  of therapies they offer their patients. The Board also recognizes that patients
				  have a right to seek complementary and alternative therapies.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 200 - STANDARDS FOR PHYSICIANS PRACTICING COMPLEMENTARY AND ALTERNATIVE MEDICINE › Section 200.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this section,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
(1) Complementary and
				Alternative Medicine--Those health care methods of diagnosis, treatment, or
				interventions that are not acknowledged to be conventional but that may be
				offered by some licensed physicians in addition to, or as an alternative to,
				conventional medicine, and that provide a reasonable potential for therapeutic
				gain in a patient's medical condition and that are not reasonably outweighed by
				the risk of such methods.
(2)
				Conventional Medicine--Those health care methods of diagnosis, treatment, or
				interventions that are offered by most licensed physicians as generally
				accepted methods of routine practice, based upon medical training, experience
				and review of the peer reviewed scientific literature.
(3) Reasonable Potential for Therapeutic
				Gain--An expected beneficial outcome resulting from the application of a health
				care method containing medicinal or healing properties that is supported by
				scientific evidence and does not solely rely on placebo effect.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 200 - STANDARDS FOR PHYSICIANS PRACTICING COMPLEMENTARY AND ALTERNATIVE MEDICINE › Section 200.3 - Practice Guidelines for the Provision of Complementary and Alternative Medicine

Current through Reg. 49, No. 28; July 12, 2024
A licensed physician shall not be found guilty of
				  unprofessional conduct or be found to have committed professional failure to
				  practice medicine in an acceptable manner solely on the basis of employing a
				  health care method of complementary or alternative medicine, unless it can be
				  demonstrated that such method has a safety risk for the patient that is
				  unreasonably greater than the conventional treatment for the patient's medical
				  condition. The Texas Medical Board will use the following guidelines to
				  determine whether a physician's conduct violates the Medical Practice Act,
				  §§164.051-.053 in regard to providing complementary and alternative
				  medical treatment.
(1) Patient
				Assessment. Prior to offering advice about complementary and alternative health
				care therapies, the physician shall undertake an assessment of the patient.
				This assessment should include but not be limited to, conventional methods of
				diagnosis and may include non-conventional methods of diagnosis. Such
				assessment shall be documented in the patient's medical record and be based on
				performance and review of the following listed in subparagraphs (A) - (D) of
				this paragraph:
(A) an appropriate medical
				history and physician examination of the patient;
(B) the conventional medical treatment
				options to be discussed with the patient and referral input, if
				necessary;
(C) any prior
				conventional medical treatments attempted and the outcomes obtained or whether
				conventional options have been refused by the patient;
(D) whether the complementary health care
				therapy could interfere with any other recommended or ongoing
				treatment.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 201 - LICENSING AND ENFORCEMENT-PRACTICE AND PROCEDURE › Section 201.1 - Right of Licensure

Current through Reg. 49, No. 28; July 12, 2024
The Commission shall establish standards for the licensure of
				  establishments and individuals provided for in Occupations Code Chapter
				  651.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 201 - LICENSING AND ENFORCEMENT-PRACTICE AND PROCEDURE › Section 201.5 - Procedures for the Petition for Adoption of Rules

Current through Reg. 49, No. 28; July 12, 2024
(a) The following words and terms, when used
				in this section, shall have the following meanings, unless the context clearly
				indicates otherwise.
(1) Person--Any
				individual, partnership, corporation, association, governmental subdivision, or
				public or private organization of any character other than an agency.
(2) Rule--Any Commission statement of general
				applicability that implements, interprets, or explains any statute, law, or
				policy related to the death care industry or describes the procedure or
				practice requirements of the Commission. The term includes the amendment or
				repeal of a prior rule. It does not include statements concerning only the
				internal management or organization of the Commission not affecting private
				rights or procedures.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 201 - LICENSING AND ENFORCEMENT-PRACTICE AND PROCEDURE › Section 201.6 - Negotiated Rulemaking

Current through Reg. 49, No. 28; July 12, 2024
The Commission may engage in negotiated rulemaking to assist
				  in the drafting of proposed rules if the Executive Director determines it is
				  advisable to proceed under the procedures established in Government Code
				  Chapter 2008. If the Executive Director concludes that formal negotiated
				  rulemaking is not advisable, the Commission may nonetheless engage in informal
				  negotiated rulemaking.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 201 - LICENSING AND ENFORCEMENT-PRACTICE AND PROCEDURE › Section 201.7 - Preparation and Dissemination of Consumer Information

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission shall prepare and
				disseminate to the general public information of consumer interest explaining
				matters relating to funerals and the funeral industry, describing the
				regulatory functions of the Commission, and describing the Commission's
				procedure by which consumer complaints are filed and resolved by the
				Commission.
(b) The Commission
				shall review and revise the information of consumer interest prepared and
				disseminated by the Commission on a biennial basis.
(1) Any person or groups of persons may
				submit in writing any proposal concerning the content and/or the methods of
				dissemination of information of consumer interest prepared and disseminated by
				the Commission. Once submitted, such proposal shall become the property of the
				Commission and will not be returned.
(2) The Commission shall review any proposals
				submitted to the Commission in writing concerning the content and/or method of
				dissemination of information of consumer interest.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 201 - LICENSING AND ENFORCEMENT-PRACTICE AND PROCEDURE › Section 201.8 - Computation of Time

Current through Reg. 49, No. 28; July 12, 2024
In computing any period of time prescribed or allowed by Tex.
				  Admin. Code, Title 22, Part 10, by Order of the Commission, or by any
				  applicable statute, the period shall begin on the day after the act, event, or
				  default in controversy and conclude on the last day the act occurred, unless it
				  be a Saturday, Sunday, or legal holiday, in which event the period runs until
				  the end of the next day which is not a Saturday, Sunday, or legal
				  holiday.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 201 - LICENSING AND ENFORCEMENT-PRACTICE AND PROCEDURE › Section 201.9 - Subpoenas

Current through Reg. 49, No. 28; July 12, 2024
The Executive Director may issue subpoenas and subpoenas
				  duces tecum to compel the attendance of witnesses and the production of books,
				  records, documents and/or other material relevant to the complaint under
				  investigation or pending at SOAH.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 201 - LICENSING AND ENFORCEMENT-PRACTICE AND PROCEDURE › Section 201.10 - Witness Travel Reimbursement

Current through Reg. 49, No. 28; July 12, 2024
The Commission may reimburse a witness in a SOAH hearing for
				  travel expenses at the rates established by the General Appropriations Act for
				  classified employees of the Commission. All documentation required of
				  classified employees would be required of witnesses in order to be
				  compensated.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 201 - LICENSING AND ENFORCEMENT-PRACTICE AND PROCEDURE › Section 201.11 - Correspondence and Notice

Current through Reg. 49, No. 28; July 12, 2024
(a) All
				correspondence to an establishment or to a licensee shall be sent to the
				mailing address of record as reflected on the initial license application or as
				otherwise provided by the establishment or licensee.
(b) Notice shall be deemed complete upon
				deposit by the Commission in a postpaid, properly addressed envelope. The
				correspondence must be placed in a post office or official depository under the
				care and custody of the United States Postal Service, FedEx, UPS or any other
				over-night mail delivery service.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 201 - LICENSING AND ENFORCEMENT-PRACTICE AND PROCEDURE › Section 201.12 - Charges for Providing Copies of Public Information

Current through Reg. 49, No. 28; July 12, 2024
The Commission determines charges for public information in
				  accordance with the rules of the Office of the Attorney General at Tex. Admin.
				  Code, Title 1, Part 3, §70.3.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 201 - LICENSING AND ENFORCEMENT-PRACTICE AND PROCEDURE › Section 201.13 - Executive Director

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission
				shall employ an Executive Director to manage the administrative affairs of the
				Commission under the Commissioners' discretion.
(b) The Commission may delegate the
				Commissioners' duties to the Executive Director.
(c) In the event of the Executive Director's
				absence or if the Executive Director is unable to act, the Presiding Officer of
				the Commission may designate an Acting Executive Director to perform the
				Executive Director's duties.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 201 - LICENSING AND ENFORCEMENT-PRACTICE AND PROCEDURE › Section 201.14 - Introduction to Joint Memorandum of Understanding

Current through Reg. 49, No. 28; July 12, 2024
(a) Occupations Code §
									651.159
				mandates the Texas Department of Banking, the Texas Funeral Service Commission,
				and the Texas Department of Insurance to adopt by rule a Joint Memorandum of
				Understanding (JMOU) relating to prepaid funeral services and transactions
				that:
(1) outlines the responsibilities of
				each agency in regulating these services and transactions;
(2) establishes procedures to be used by each
				agency in referring complaints to one of the other agencies;
(3) establishes procedures to be used by each
				agency in investigating complaints;
(4) establishes procedures to be used by each
				agency in notifying the other agencies of a complaint or of the investigation
				of a complaint;
(5) describes
				actions the agencies regard as deceptive trade practices;
(6) specifies the information the agencies
				provide consumers and when that information is to be provided; and
(7) sets the administrative penalties each
				agency imposes for violation.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 201 - LICENSING AND ENFORCEMENT-PRACTICE AND PROCEDURE › Section 201.15 - Joint Memorandum of Understanding

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to Occupations Code §
									651.159,
				the Texas Funeral Service Commission (herein referred to as the "TFSC"), the
				Texas Department of Insurance (herein referred to as the "TDI"), and the Texas
				Department of Banking (herein referred to as the "DOB") hereby adopt the
				following joint memorandum of understanding (JMOU) relating to prepaid funeral
				benefits as defined in Finance Code Chapter 154. The TFSC, TDI, and DOB intend
				this memorandum of understanding to serve as a vehicle to assist the three
				agencies in their regulatory activities, and to make it as easy as possible for
				a consumer with a complaint to have the complaint acted upon by all three
				agencies, where appropriate. In order to accomplish this end, where not
				statutorily prohibited, the three agencies will share information between the
				agencies which may not be available to the public generally under the Public
				Information Act, Government Code Chapter 552. Such information will be
				transmitted between agencies with the understanding that it is considered
				confidential, is being furnished to the other agencies in furtherance of their
				joint responsibilities as state agencies in enforcing their respective
				statutes, and that it may not be disseminated to others except as
				required.
(b) Responsibilities of
				each agency in regulating prepaid funeral benefits:
(1) The Texas Funeral Service Commission is
				responsible for the following:
(A) licensing
				funeral directors, embalmers, provisional funeral directors, provisional
				embalmers, crematory, and funeral establishments. The TFSC may refuse to
				license a person or establishment which violates Finance Code Chapter 154 under
				Occupations Code §
											651.460(b)(3);
(B) taking action under Occupations Code
				§
											651.460(b)(3)
				against any licensee violating Finance Code Chapter 154; and
(C) taking action under Occupations Code
				§
											651.460(b)(3)
				against any funeral director in charge, crematory owner, and/or funeral
				establishment owner for violations of Finance Code Chapter 154 by persons
				directly or indirectly connected to the crematory or funeral
				establishment.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 201 - LICENSING AND ENFORCEMENT-PRACTICE AND PROCEDURE › Section 201.16 - Memorandum of Understanding with the Texas Department of State Health Services

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				purpose of this section is to implement Texas Occupations Code Chapter 651,
				76th Legislature, 1999, and Health and Safety Code Chapters 193 and 195. In an
				effort to better protect the public health, safety and welfare, it is the
				legislative intent of the laws of the Texas Department of State Health Services
				(Department) and the Texas Funeral Service Commission (TFSC) to adopt by rule a
				memorandum of understanding to facilitate cooperation between the agencies by
				establishing joint procedures and describing the actual duties of each agency
				for the referral, investigation, and resolution of complaints affecting the
				administration and enforcement of state laws relating to vital statistics and
				the licensing of funeral directors and funeral establishments.
(b) Scope.
(1) The Memorandum of Understanding (MOU)
				includes the respective responsibilities of the Department and the TFSC in
				regulating any person or entity under the Health and Safety Code Chapters 193
				and 195, concerning the completion and filing of death records.
(2) The Department and the TFSC will
				implement the cooperative procedure described in this memorandum to refer
				complaints to the other agency when that complaint falls within the other
				agency's jurisdiction or may have an effect on the administration and
				enforcement of the law for which the other agency is responsible.
(3) The Department and the TFSC will
				implement the cooperative procedure described in this MOU in order to notify
				the other agency of violations of Health and Safety Code Chapters 193 and 195;
				and Texas Occupations Code Chapter 651 by funeral directors and funeral
				establishments, and to assist and encourage funeral directors, embalmers, and
				funeral establishments to conform their activities relating to the completion
				and filing of death records.
(4)
				The MOU does not limit the authority of either agency, acting in its own
				capacity under state or federal law, to investigate complaints that fall within
				that agency's statutory jurisdiction.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 201 - LICENSING AND ENFORCEMENT-PRACTICE AND PROCEDURE › Section 201.17 - Severability Clause

Current through Reg. 49, No. 28; July 12, 2024
The provisions of each section of the rules of the Commission
				  are separate and severable from one another. If any provision is determined to
				  be invalid, it is the Commission's intention that the remaining provisions
				  shall continue in effect.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 201 - LICENSING AND ENFORCEMENT-PRACTICE AND PROCEDURE › Section 201.18 - Agency Staff Training and Education

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance with the State Employee
				Training Act, Commission staff may be permitted or required to attend training
				or education programs if those programs are related to the employee's duties or
				prospective duties, and the training materially aids effective administration
				of the Cemetery and Crematory Services, Funeral Directing, and Embalming Act or
				Commission rules and serves an important purpose.
(b) The Commission's Executive Director shall
				be eligible to attend training and education programs, and shall determine
				which other employees will be permitted or required to attend training or
				education programs.
(c) Employees
				who receive training or education must utilize the training or educational
				opportunity to prepare for technological and legal developments facing the
				Commission, or to increase their work capabilities or competence.
(d) An employee, prior to receiving training
				or education for three or more months, during which the employee does not
				perform his or her regular duties, must enter into a written agreement with the
				Commission to comply with the requirements of Tex. Gov't Code §
									656.103(a)(1).
				Employees who fail or refuse to enter into such an agreement shall not be
				permitted to attend training or educational programs lasting three or more
				months.
(e) The Commission shall
				pay the costs and expenses related to approved training or educational programs
				in accordance with the State Employee Training Act, the Comptroller's rules and
				regulations, and the Commission's own policies relating to employee
				reimbursement.