reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 163 - LICENSURE › Section 163.3 - Exemption from Licensure for Certain Military Spouses

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive director must authorize a
				qualified military spouse to engage in the practice of medicine in Texas
				without obtaining a license in accordance with §
									55.0041(a),
				Texas Occupations Code. This authorization to practice is valid during the time
				the military service member to whom the military spouse is married is stationed
				at a military installation in Texas, but not to exceed three years.
(b) In order to receive authorization to
				practice the military spouse must:
(1) hold
				an active medical license in another state, territory, Canadian province, or
				country that:
(A) has licensing requirements
				that are determined by the board to be substantially equivalent to the
				requirements for licensure in Texas; and
(B) is not subject to any restriction,
				disciplinary order, probation, or investigation; and
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 163 - LICENSURE › Section 163.6 - Examinations Accepted for Licensure

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Licensing Examinations Accepted by the Board for Licensure. The following
				examinations are acceptable for licensure:
(1) United States Medical Licensing
				Examination (USMLE), or its successor, with a score of 75 or better, or a
				passing grade if applicable, on each step;
(2) COMLEX-USA, or its successor, with a
				score of 75 or better, or a passing grade if applicable, on each
				step;
(3) Federation Licensing
				Examination (FLEX), on or after July 1, 1985, passage of both components with a
				score of 75 or better on each component;
(4) Federation Licensing Examination (FLEX),
				before July 1, 1985, with a FLEX weighted average of 75 or better in one
				sitting;
(5) National Board of
				Medical Examiners Examination (NBME) or its successor;
(6) National Board of Osteopathic Medical
				Examiners Examination (NBOME) or its successor;
(7) Medical Council of Canada Examination
				(LMCC) or its successor;
(8) State
				board licensing examination, passed before January 1, 1977, (with the exception
				of Virgin Islands, Guam, Tennessee Osteopathic Board or Puerto Rico then the
				exams must be passed before July 1, 1963); or
(9) One of the following examination
				combinations with a score of 75 or better on each part, level, component, or
				step;
(A) FLEX I plus USMLE 3;
(B) USMLE 1 and USMLE 2 (including passage of
				the clinical skills component if applicable), plus FLEX II;
(C) NBME I or USMLE 1, plus NBME II or USMLE
				2 (including passage of the clinical skills component if applicable), plus NBME
				III or USMLE 3;
(D) NBME I or USMLE
				1, plus NBME II or USMLE 2 (including passage of the clinical skills component
				if applicable), plus FLEX II;
(E)
				The NBOME Part I or COMLEX Level I and NBOME Part II or COMLEX Level II and
				NBOME Part III or COMLEX Level III.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 163 - LICENSURE › Section 163.8 - Authorization to Take Professional Licensing Examination

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of this section is to set
				forth the requirements of a medical school institution or degree program that
				will authorize its graduates to take the United State Medical Licensing
				Examination ("USMLE"), Jurisprudence Examination, or other professional
				licensing examination required for licensure by the board. By agreement entered
				into by the board (Agreement Regarding USMLE Step 3), the board has authorized
				the Federation of State Medical Boards ("FSMB") to verify eligibility of
				applicants, register approved applicants, and assure that the USMLE is
				administered according to stated guidelines. The Agreement provides that the
				board may set requirements for eligibility for applicants to take the USMLE
				that may be in addition to USMLE requirements.
(b) A medical school institution or degree
				program shall be approved by the board for purposes of authorizing graduates of
				the medical school institution or degree program to take a professional
				licensing examination required by this title if the medical school institution
				or degree program:
(1) is accredited by the
				Liaison Committee on Medical Education or the American Osteopathic Association
				Bureau of Professional Education; or
(2) meets the requirements of the Educational
				Commission for Foreign Medical Graduates (ECFMG) for purposes of certification
				of foreign medical graduates.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 163 - LICENSURE › Section 163.9 - Only One License

Current through Reg. 49, No. 28; July 12, 2024
Upon the issuance of any license or permit, all previously
				  issued licenses and permits, including postgraduate training permits, shall be
				  considered to be terminated. A person may not have more than one license or
				  permit at the same time, except that a license holder who is required to
				  register periodically may hold the license and the registration permit at the
				  same time.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 163 - LICENSURE › Section 163.10 - Relicensure

Current through Reg. 49, No. 28; July 12, 2024
(a) Application for
				Relicensure. If a physician's license has been automatically cancelled due to
				failure to submit a complete registration application and registration fee, the
				physician must apply for relicensure and may obtain a new license by submitting
				to reexamination and complying with the requirements and procedures for
				obtaining an original license.
(b)
				Existing Board Orders at Time of Cancellation.
(1) A physician who allows his or her license
				to be canceled following nonpayment while under an order of the board may apply
				for relicensure. Unless otherwise provided, the terms of the order shall be
				tolled for the period following cancellation.
(2) The licensee shall be required to comply
				with the terms of the order for either the period of time remaining on the
				order when the licensee had his or her license canceled for nonpayment of
				licensure fees or for an extended period of time as established by the board at
				the time of relicensure.
(3) A
				physician who allows his or her license to be canceled following nonpayment
				while under a suspension order of the board must also demonstrate that his or
				her return to the practice of medicine is in the physician's and the public's
				best interest as defined under Chapter 167 of this title (relating to
				Reinstatement and Reissuance).
(4)
				The board retains the discretion to add or delete terms and conditions of the
				tolled order upon the granting of relicensure.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 163 - LICENSURE › Section 163.11 - Active Practice of Medicine

Current through Reg. 49, No. 28; July 12, 2024
(a)
				All applicants for licensure shall provide sufficient documentation to the
				board that the applicant has, on a full-time basis, actively diagnosed or
				treated persons or has been on the active teaching faculty of an acceptable
				approved medical school, within either of the last two years preceding receipt
				of an application for licensure.
(b) 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.
(c) Applicants
				who do not meet the requirements of subsections (a) and (b) of this section
				may, in the discretion of the executive director or board, be eligible for:
(1) an unrestricted license if the applicant:
(A) completes remedial education, including
				but not limited to a mini-residency, fellowship or other structured
				program;
(B) presents evidence from
				a member board of the American Board of Medical Specialties, American
				Osteopathic Association Bureau of Osteopathic Specialists, American Board of
				Oral and Maxillofacial Surgery, the Royal College of Physicians and Surgeons of
				Canada, or any other certifying board that is recognized by the Texas Medical
				Board, of passage, within the two years prior to date of applying for
				licensure, of a monitored examination; or
(C) completes other remedial measures that,
				in the discretion of the board, are necessary to ensure protection of the
				public and minimal competency of the applicant to safely practice
				medicine.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 163 - LICENSURE › Section 163.13 - Expedited Licensure

Current through Reg. 49, No. 28; July 12, 2024
(a) Applications
				for licensure shall be expedited by the board's licensure division provided the
				applicant meets the criteria for applying for licensure under §
									163.2(d)
				of this title (relating to Full Texas Medical License) or submits an affidavit
				stating that:
(1) the applicant intends to
				practice in a rural community as determined by the Office of Rural Health
				Initiatives; or
(2) the applicant
				intends to practice medicine in a medically underserved area or health
				professional shortage area designated by the United States Department of Health
				and Human Services that has a shortage of physicians.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 164 - PHYSICIAN ADVERTISING › Section 164.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
These rules are promulgated under the authority of the
				  Medical Practice Act, Texas Occupations Code Ann. §
									153.001 and the
				  Health Professions Council, Texas Occupations Code Ann. §
									101.201,
				  to set forth the grounds under which a physician's license may be disciplined
				  for false and deceptive advertising. Reasonable regulation designed to foster
				  compliance with appropriate standards serves the public interest without
				  impeding the flow of useful, meaningful, and relevant information to the
				  public. The Board permits the dissemination to the public of legitimate
				  information, in accordance with the Board's rules, regarding the practice of
				  medicine and where and from whom medical services may be obtained, so long as
				  such information is in no way false, deceptive, or misleading. It is the
				  responsibility of each physician to carefully scrutinize his advertisements and
				  adhere to the highest ethical standards of truth in
				  advertising.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 164 - PHYSICIAN ADVERTISING › Section 164.2 - 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 contents clearly indicate
				  otherwise.
(1) Advertising and
				advertisement--Informational communication to the public in any manner designed
				to attract public attention to the practice of a physician. Advertising may
				include oral, written, broadcast, and other types of communications
				disseminated by or at the behest of a physician. The communications covered
				include, but are not limited to, those made to patients, prospective patients,
				professionals or other persons who might refer patients, and to the public at
				large. The communications covered include signs, nameplates, professional
				cards, announcements, letterheads, listings in telephone directories and other
				directories, brochures, radio and television appearances, and information
				disseminated on the Internet or Web.
(2) A testimonial--An attestation or implied
				attestation to the competence of a physician's service or treatment.
				Testimonials also include expressions of appreciation or esteem, a character
				reference, or a statement of benefits received. Testimonials are not limited to
				patient comments but may also include comments from colleagues, friends,
				family, actors, models, fictional characters, or other persons or
				entities.
(3) Applicant--An
				individual physician requesting recognition of his or her certifying board for
				the physician's advertising purposes or a certifying board requesting
				recognition as an entity for its diplomates.
(4) Application--An application is all
				documents and information necessary to complete an applicant's request
				including the following:
(A) forms or addenda
				furnished by the board, completed by the applicant, typed, printed in ink, or
				completed online if requiring a written response;
(B) documentation furnished by the certifying
				board as required; and
(C) the
				required fee.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 164 - PHYSICIAN ADVERTISING › Section 164.4 - Board Certification

Current through Reg. 49, No. 28; July 12, 2024
(a) A physician
				is authorized to use the term "board certified" in any advertising for his or
				her practice only if the specialty board that conferred the certification and
				the certifying organization is a member board of the American Board of Medical
				Specialties (ABMS), or the American Osteopathic Association Bureau of
				Osteopathic Specialists (BOS), or is the American Board of Oral and
				Maxillofacial Surgery.
(b)
				Physicians who are certified by a board that does not meet the criteria of
				subsection (a) of this section, shall be authorized to use the term "board
				certified" only if the medical board determines that the physician-based
				certifying organization that conferred the certification has certification
				requirements that are substantially equivalent to the requirements of the ABMS
				or the BOS existing at the time of application to the medical board.
				Physicians, or physician-based certifying organizations on behalf of their
				members, must submit an application to a committee of the medical board, and
				demonstrate that:
(1) the organization
				requires all physicians who are seeking certification to successfully pass a
				written or an oral examination or both, which tests the applicant's knowledge
				and skills in the specialty or subspecialty area of medicine. All or part of
				the examination may be delegated to a testing organization. All examinations
				require a psychometric evaluation for validation;
(2) the organization has written proof of a
				determination by the Internal Revenue Service that the certifying board is tax
				exempt under the Internal Revenue Code pursuant to Section 501(c);
(3) the organization has a permanent
				headquarters and staff;
(4) the
				organization has at least 100 duly licensed members, fellows, diplomates, or
				certificate holders from at least one-third of the states;
(5) the organization requires all physicians
				who are seeking certification to have successfully completed postgraduate
				training that is accredited by the Accreditation Council for Graduate Medical
				Education (ACGME) or the American Osteopathic Association and that provides
				substantial and identifiable supervised training of comprehensive scope in the
				specialty or subspecialty certified, and the organization utilizes appropriate
				peer review;
(6) the organization
				provides an online resource for the consumer to verify the board certification
				of its members; and
(7) the
				organization has the ability to provide a full explanation of its certification
				process and membership upon request by the Texas Medical Board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 164 - PHYSICIAN ADVERTISING › Section 164.5 - Advertising Records and Responsibility

Current through Reg. 49, No. 28; July 12, 2024
(a) Any and all advertisements are presumed
				to have been approved by the licensee named therein.
(b) Each licensee who is a principal partner,
				or officer of a firm or entity identified in any advertisement, is jointly and
				severally responsible for the form and content of any advertisement. This
				provision shall also include any employees acting as an agent of such firm or
				entity.
(c) If photographs or other
				representations of actual patients are used in advertising, there must not be
				communication of facts, data, or information which may identify the patient
				without first obtaining patient consent.
(d) A recording of every advertisement
				communicated by electronic media, and a copy of every advertisement
				communicated by print media and a copy of any other form of advertisement shall
				be retained by the licensee for a period of two years from the last date of
				broadcast or publication and be made available for review upon request by the
				board or its designee.
(e) At the
				time any type of advertisement is placed, the licensee must possess and rely
				upon information which, when produced, would substantiate the truthfulness of
				any assertion, omission or representation of material fact set forth in the
				advertisement or public communication.
(f) It is hereby declared that the sections,
				clauses, sentences and parts of these rules are severable, are not matters of
				mutual essential inducement, and any of them shall be exscinded if these rules
				would otherwise be unconstitutional or ineffective. If any one or more
				sections, clauses, sentences or parts shall for any reasons be questioned in
				any court, and shall be adjudged unconstitutional or invalid, such judgment
				shall not affect, impair or invalidate the remaining provisions thereof, but
				shall be confined in its operation to the specific provision or provisions so
				held unconstitutional or invalid, and the inapplicability or invalidity of any
				section, clause, sentence or part in any one or more instances shall not be
				taken to affect or prejudice in any way its applicability or validity in any
				other instance.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 164 - PHYSICIAN ADVERTISING › Section 164.6 - Required Disclosures on Websites

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Disclosure. A licensee that maintains a website in relation to the license's
				professional practice must clearly disclose:
(1) ownership of the website;
(2) specific services provided;
(3) office address and contact
				information;
(4) licensure and
				qualifications of physician(s) and associated health care providers;
(5) fees for online consultation and services
				and how payment is to be made;
(6)
				financial interest in any information, products, or services;
(7) appropriate uses and limitations of the
				site, including providing health advice and emergency health
				situations;
(8) uses and response
				times for e-mails, electronic messages, and other communications transmitted
				via the site;
(9) to whom patient
				health information may be disclosed and for what purpose;
(10) rights of patients with respect to
				patient health information; and
(11) information collected and any passive
				tracking mechanisms utilized.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 165 - MEDICAL RECORDS › Section 165.1 - Medical Records

Current through Reg. 49, No. 28; July 12, 2024
(a) Contents of
				Medical Record. Regardless of the medium utilized, each licensed physician of
				the board shall maintain an adequate medical record for each patient that is
				complete, contemporaneous and legible. For purposes of this section, an
				"adequate medical record" should meet the following standards:
(1) The documentation of each patient
				encounter should include:
(A) reason for the
				encounter and relevant history, physical examination findings and prior
				diagnostic test results;
(B) an
				assessment, clinical impression, or diagnosis;
(C) plan for care (including discharge plan
				if appropriate); and
(D) the date
				and legible identity of the observer.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 165 - MEDICAL RECORDS › Section 165.3 - Patient Access to Diagnostic Imaging Studies in Physician's Office

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This
				section is promulgated to ensure that patients have reasonable access to
				diagnostic imaging studies maintained in the physician's office and that the
				practice of medicine by individual licensees and the delivery of health care to
				the public shall not be unduly hindered or interrupted by allowing for such
				access. As used in this section, "diagnostic imaging studies" or "imaging
				studies" includes static and non-static films and imaging studies in electronic
				format.
(b) Request and release.
(1) Upon receiving a written request and
				release of information that complies with § 159.005 of the Act, a
				physician in possession or control of diagnostic imaging studies of a patient
				shall allow access to the imaging studies through one or more of the following
				means:
(A) providing copies of the imaging
				studies to the patient or recipient as designated in the request; or
(B) releasing the original imaging studies to
				the patient or recipient as designated in the request.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 165 - MEDICAL RECORDS › Section 165.4 - Appointment of Record Custodian of a Physician's Records

Current through Reg. 49, No. 28; July 12, 2024
(a) The board may appoint a temporary or
				permanent custodian for medical records abandoned by a physician when a person
				or entity applies with the board to be appointed record custodian.
(b) The records will be considered abandoned
				if they are without custodial care for a minimum of two weeks without
				alternative arrangements being made by the physician, the physician's legal
				guardian, or by the executor of the physician's estate.
(c) The record custodian appointed by the
				board shall take custody of and maintain the confidentiality of the physician's
				records, to include available medical records and billing records, according to
				the provisions of board rules and state statutes.
(d) The appointed record custodian shall
				provide the records, or copies of the records, to the patient or to the
				patient's designee according to board rules and state statutes. In addition to
				the reasonable copying fee defined in board rules, the appointed record
				custodian may charge an additional fee of $25.00 per patient record.
(e) The appointed record custodian shall
				retain care of the records for no less than 90 days and shall publish
				appropriate notice of pending destruction of the records for no less than 30
				days prior to destruction of the records.
(f) Destruction of medical records shall be
				done in a manner that ensures continued confidentiality.
(g) The board may publish a Request for Bids
				for one entity to function as the appointed record custodian for all areas of
				the state. If a sole statewide contractor is not selected, the board may
				publish a Request for Bids for entities to function as regional appointed
				record custodian or a custodian may be appointed on a case by case
				basis.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 165 - MEDICAL RECORDS › Section 165.5 - Transfer and Disposal of Medical Records

Current through Reg. 49, No. 28; July 12, 2024
(a) Required Notification of Discontinuance
				of Practice. Except as provided for in subsection (f) of this section, when a
				physician retires, terminates employment, or otherwise leaves a medical
				practice, he or she is responsible for:
(1)
				ensuring that patients receive reasonable notification and are given the
				opportunity to obtain copies of their records or arrange for the transfer of
				their medical records to another physician; and
(2) notifying the board when they are
				terminating practice, retiring, or relocating, and therefore no longer
				available to patients, specifying who has custodianship of the records, and how
				the medical records may be obtained.
(3) Employers of the departing physician as
				described in §
										165.1(b)(6)
				of this chapter are not required to provide notification, however, the
				departing physician remains responsible for providing notification consistent
				with this section.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 165 - MEDICAL RECORDS › Section 165.6 - Medical Records Regarding an Abortion on an Unemancipated Minor

Current through Reg. 49, No. 28; July 12, 2024
(a) As used in this
				section:
(1) "Abortion" means the use of any
				means to terminate the pregnancy of a female known by the attending physician
				to be pregnant with the intention that the termination of the pregnancy by
				those means will, with reasonable likelihood, cause the death of the fetus (as
				defined at §
										33.001, Texas Family
				Code).
(2) "Unemancipated minor"
				means a minor who is not 18 years, unmarried and has not had the disabilities
				of minority removed under Chapter 31, Texas Family Code (as defined at §
										33.001, Texas Family
				Code).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 165 - MEDICAL RECORDS › Section 165.7 - 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:
(1)
				"Abortion" means the act of using or prescribing an instrument, a drug, a
				medicine, or any other substance, device, or means with the intent to cause the
				death of an unborn child of a woman known to be pregnant. The term does not
				include birth control devices or oral contraceptives. An act is not an abortion
				if the act is done with the intent to:
(A)
				save the life or preserve the health of an unborn child;
(B) remove a dead, unborn child whose death
				was caused by spontaneous abortion; or
(C) remove an ectopic pregnancy.
This definition is found at Chapter 245, §
											245.002(1)
				  of the Texas Health and Safety Code.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 165 - MEDICAL RECORDS › Section 165.8 - Abortion Ban Exception Performance and Documentation

Current through Reg. 49, No. 28; July 12, 2024
(a) An abortion
				shall not be performed in this state unless it is performed in compliance with
				all provisions of Texas Health and Safety Code, Chapters 170, 170A, and 171, in
				addition to any other applicable federal and state statutes, rules, and court
				opinions.
(b) In addition to the
				requirements above, the physician must document in the patient's medical
				record:
(1) that the abortion is performed in
				response to a medical emergency;
(A) that
				places the woman in danger of death unless the abortion is performed or
				induced; or
(B) to prevent a
				serious risk of substantial impairment of a major bodily function of the
				patient unless the abortion is performed or induced;
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 165 - MEDICAL RECORDS › Section 165.9 - Complaints Regarding Abortions Performed

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas
				Medical Board will review complaints and perform investigations regarding
				abortions using the Board's standard complaint process.
(b) If a complaint is determined to be
				jurisdictional to the Board, the Board will use independent expert physicians,
				as provided in §
									154.0561 of the
				Texas Occupations Code, to review the available information, including the
				patient's medical record.
(c) As
				done in other complaints, the independent expert physicians may review all
				relevant information including one or more of the following:
(1) how the decision was made to proceed with
				an abortion based on reasonable medical judgement including:
(A) what diagnostic imaging, test results,
				medical literature, second opinions, and/or medical ethics committees that were
				used or consulted; and
(B) what
				alternative treatments were attempted and failed or were ruled out;
				and
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 166 - PHYSICIAN REGISTRATION › Section 166.2 - Continuing Medical Education

Current through Reg. 49, No. 28; July 12, 2024
(a) As
				a prerequisite to the registration of a physician's permit a physician must
				complete 48 credits of continuing medical education (CME) every 24 months. CME
				credits must be completed in the following categories and topics:
(1) At least 24 credits every 24 months are
				to be from formal courses that are:
(A)
				designated for AMA/PRA Category 1 credit by a CME sponsor accredited by the
				Accreditation Council for Continuing Medical Education or a state medical
				society recognized by the Committee for Review and Recognition of the
				Accreditation Council for Continuing Medical Education;
(B) approved for prescribed credit by the
				American Academy of Family Physicians;
(C) designated for AOA Category 1-A credit
				required for osteopathic physicians by an accredited CME sponsor approved by
				the American Osteopathic Association;
(D) approved by the Texas Medical Association
				based on standards established by the AMA for its Physician's Recognition
				Award; or
(E) approved by the board
				for medical ethics and/or professional responsibility courses only.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 166 - PHYSICIAN REGISTRATION › Section 166.3 - Retired Physician Exception

Current through Reg. 49, No. 28; July 12, 2024
The registration fee shall apply to all physicians licensed
				  by the board, whether or not they are practicing within the borders of this
				  state, except retired physicians.
(1)
				To become exempt from the registration fee due to retirement:
(A) the physician's current license must not
				be under an investigation or order with the board or otherwise have a
				restricted license; and
(B) the
				physician must request in writing on a form prescribed by the board for his or
				her license to be placed on official retired status.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 166 - PHYSICIAN REGISTRATION › Section 166.4 - Expired Registration Permits

Current through Reg. 49, No. 28; July 12, 2024
(a) If
				a physician's registration permit has expired, the physician may register for a
				new permit without monetary penalty during the first 30 days following
				expiration. If a physician's permit has been expired for longer than 30 days,
				but less than 91, the physician may obtain a new permit by submitting to the
				board a completed permit application, the registration fee, and a $75 penalty
				fee.
(b) If a physician's
				registration permit has been expired for longer than 90 days but less than one
				year, the physician may obtain a new permit by submitting a completed permit
				application, the registration fee, and a $150 penalty fee.
(c) If a physician's registration permit has
				been expired for one year or longer, the physician's license is automatically
				canceled, unless an investigation is pending, and the physician may not obtain
				a new permit.
(d) In accordance
				with § 156.008(a) of the Act, practicing medicine after the expiration of
				the 30-day grace period under subsection (a) of this section without obtaining
				a new registration permit for the current registration period has the same
				effect as, and is subject to all penalties of, practicing medicine without a
				license and may be subject to criminal penalties under § 165.152 of the
				Act. However, the Board interprets § 156.005 of the Act to provide the
				exclusive sanction that may be imposed by the board for practicing medicine
				after the 30-day grace period and within one year after expiration.
(e) All penalty fees must be paid before a
				physician may be determined eligible for a registration exception or CME
				exemption.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 166 - PHYSICIAN REGISTRATION › Section 166.5 - Relicensure

Current through Reg. 49, No. 28; July 12, 2024
(a) To be
				relicensed following cancellation for failure to submit a complete registration
				application and registration fee, a physician must submit to reexamination and
				qualify under § 164.151 of the Act and §
									163.10 of
				this title (relating to Relicensure).
(b) To be relicensed following voluntary
				relinquishment or surrender of a medical license, a physician must reapply and
				qualify under § 164.151 of the Act and §
									196.4
				of this title (relating to Relicensure After Relinquishment or Surrender of a
				Medical License).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 166 - PHYSICIAN REGISTRATION › Section 166.6 - Exemption From Registration Fee for Retired Physician Providing Voluntary Charity Care

Current through Reg. 49, No. 28; July 12, 2024
(a) A retired
				physician licensed by the board whose only practice is the provision of
				voluntary charity care shall be exempt from the registration fee.
(b) As used in this section:
(1) "voluntary charity care" means medical
				care provided for no compensation to:
(A)
				indigent populations;
(B) in
				medically underserved areas; or
(C)
				for a disaster relief organization.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 166 - PHYSICIAN REGISTRATION › Section 166.7 - Report of Impairment on Registration Form

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensee who reports an impairment that
				affects the licensee's ability to actively practice medicine as defined by
				§
									163.11(a)
				of this title (relating to Active Practice of Medicine) shall be given written
				notice of the following:
(1) based on the
				licensee's impairment, the licensee may request:
(A) to be placed on retired status pursuant
				to §
											166.3
				of this title (relating to Retired Physician Exception);
(B) to have the licensee's license converted
				to an administrative medicine license as defined under §
											172.17
				of this title (relating to Limited License for Practice of Administrative
				Medicine) if the licensee's impairment is solely physical, however, the
				licensee will not be required to comply with §
											172.17(d)
				of this title regarding initial application for a administrative medicine
				license;
(C) to cancel the
				licensee's license pursuant to §
											196.1
				of this title (relating to Relinquishment of License); or
(D) to be referred to the Texas Physician
				Health Program pursuant to Chapter 180 of this title (relating to Texas
				Physician Health Program and Rehabilitation Orders); and
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 167 - REINSTATEMENT AND REISSUANCE › Section 167.1 - Reinstatement or Reissuance of Medical License Following Suspension or Revocation

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Reinstatement of Medical License Following Suspension.
(1) A physician whose license has been
				suspended by order of the board must submit a written request to the board's
				compliance division and appear at a probationer show compliance proceeding as
				described in §
										187.44
				of this title (relating to Probationer Show Compliance Proceedings) and in
				paragraph (2) of this subsection to request reinstatement of
				licensure.
(2) A person may not
				apply for reinstatement of a license that was suspended before the first
				anniversary of the date on which the suspension became effective.
(3) A request for reinstatement following
				suspension cannot be considered more often than annually unless otherwise
				specified by order of the board.
(4) A physician's request for reinstatement
				must include evidence that all stipulations for the probation of the suspension
				have been completed.
(5) A
				physician who allows his or her license to be cancelled for nonpayment while
				under a suspension order may apply for relicensure in accordance with §
										163.10 of
				this title (relating to Relicensure).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 167 - REINSTATEMENT AND REISSUANCE › Section 167.2 - Procedure for Requests for Reinstatement

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to the Medical Practice Act, §§ 154.006,
				  164.003 and 164.151-.154, and the Administrative Procedure Act, Government
				  Code, §
									2001.056,
				  the following rules shall apply to dispositions of any requests for
				  reinstatement of a medical license following suspension.
(1) The board may make a disposition of any
				request for reinstatement of a medical license following suspension by
				stipulation, agreed order, agreed settlement, consent order, or
				default.
(2) In the event the board
				makes such a disposition of a request for reinstatement of a medical license
				following suspension, the disposition shall be in writing and, if appropriate,
				the writing shall be signed by the applicant.
(3) To facilitate the expeditious disposition
				of requests for reinstatement following suspension, the board may provide an
				applicant with an opportunity to attend a probationer show compliance
				proceeding in accordance with §
									187.44
				of this title (relating to Probationer Show Compliance Proceedings).
(4) In accordance with §
									187.44
				of this title (relating to Probationer Show Compliance Proceedings) an
				applicant for reinstatement shall be provided with written notice of the time,
				date, and location of the probationer show compliance proceeding and the rules
				governing the proceeding by certified mail - return receipt requested,
				overnight or express mail, or registered mail, to the last mailing address of
				the applicant or the applicant's attorney on file with the board.
(5) The probationer show compliance
				proceeding shall allow:
(A) the board staff to
				address whether it is in the best interest of the public and the physician to
				return to the practice of medicine by presenting a synopsis of the allegations
				and the basis of the suspension of the applicant's medical license, the facts
				which the board staff reasonably believes could be proven by competent evidence
				at a hearing, and whether the applicant has complied with the terms and
				conditions of the order suspending his license if applicable;
(B) the applicant to reply to the board
				staff's presentation and present facts the applicant reasonably believes could
				be proven by competent evidence at a hearing;
(C) presentation of evidence by the staff and
				the applicant which may include medical and office records, x-rays, pictures,
				film recordings of all kinds, audio and video recordings, diagrams, charts,
				drawings, and any other illustrative or explanatory materials which in the
				discretion of the board's representative(s) are relevant to the
				proceeding;
(D) representation of
				the applicant by counsel;
(E)
				presentation of oral or written statements by the applicant or the applicant's
				counsel;
(F) presentation of oral
				or written statements or testimony by witnesses; and,
(G) questioning of witnesses.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 167 - REINSTATEMENT AND REISSUANCE › Section 167.3 - Disposition of Application for Request for Reissuance of a Revoked License

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to the Medical Practice Act, § 164.151 and the
				  Administrative Procedure Act, Government Code, §
									2001.056,
				  the following rules shall apply to the dispositions of any applications for
				  reissuance of a license to practice medicine.
(1) The board may make an informal
				disposition of any application for reissuance of a medical license following
				revocation by stipulation, agreed order, agreed settlement or
				default.
(2) In the event the board
				makes such a disposition of an application for reissuance of a medical license
				following revocation, the disposition shall be in writing and, if appropriate,
				the writing shall be signed by the applicant.
(3) If an opportunity to appear before a
				committee of the board is provided to an applicant, the applicant shall be
				provided with written notice of the hearing including the date and time and
				allegations to the last mailing address of the applicant or the applicant's
				attorney on file with the board. The applicant shall also be provided with
				written notice of the time, date and location of the committee hearing and the
				rules governing the proceeding.
(4)
				The committee hearing shall allow:
(A) board
				staff to present a synopsis of the allegations and the facts that supported the
				revocation of the applicant's medical license, and to address whether it is in
				the best interest of the public and the physician to return to the practice of
				medicine;
(B) the applicant the
				opportunity to reply to the board staff's presentation and offer relevant
				evidence;
(C) representation of the
				applicant by counsel; and
(D)
				presentation of oral or written statements by the applicant or the applicant's
				counsel.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 167 - REINSTATEMENT AND REISSUANCE › Section 167.4 - Best Interests of the Public

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to § 164.151 of the Act, a physician may be
				  reissued a medical license or reinstated to the practice of medicine only if
				  the physician demonstrates that the reissuance or reinstatement is in the best
				  interests of the public.
(1) Best
				interests of the public determination shall include: consideration and
				examination of the underlying action that led to the revocation in case of a
				physician who whose license was revoked.
(2) Best interests of the public may include,
				but not be limited to, an assessment by the Board as to whether the physician
				demonstrates:
(A) remediation of any
				competency, technical, educational, training or ethical limitations as found in
				the order leading to revocation or suspension of a license or any competency,
				technical, educational, training or ethical limitations found since the entry
				of the order;
(B) that risk of
				further disciplinary proceedings for the revocation or suspension of the
				license will be minimal or minimized if the physician is returned to the
				practice of medicine and the public will adequately be protected, whether by
				probationary order or other terms and conditions as agreed to by the physician
				or authorized by § 164.101 and § 164.102 of the Act;
(C) that an adequate practice plan will be in
				place to reduce or eliminate the risk of further disciplinary proceedings by
				the board;
(D) continued medical
				competency such that the physician is able to provide the same standard of
				medical care as any applicant for a license under Chapter 163 of this title
				(relating to Licensure). Further, the board shall require an applicant for
				reissuance to meet the qualifications and requirements set forth in Chapter 163
				of this title, including, but not limited to documentation of completion of the
				process of a current application for licensure; and
(E) that the physician's services are needed
				and would benefit the citizens of Texas.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 167 - REINSTATEMENT AND REISSUANCE › Section 167.5 - Best Interests of Physician

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to § 164.151 of the Act, a physician may be
				  reissued a medical license or reinstated to the practice of medicine only if
				  the physician demonstrates that the reissuance or reinstatement is in the
				  physician's best interests. Best interests of the physician may include, but
				  not be limited to, an assessment by the Board as to whether the
				  physician:
(1) understands all issues
				of competency, technical, educational, training or ethical limitations as found
				in the order which led to the revocation or suspension of a license;
				and
(2) demonstrates that risk of
				further disciplinary proceedings for the revocation or suspension of the
				license of the physician will be minimal or minimized if the physician is
				returned to the practice of medicine.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 167 - REINSTATEMENT AND REISSUANCE › Section 167.6 - Final Action

Current through Reg. 49, No. 28; July 12, 2024
In any contested case proceeding regarding a reinstatement or
				  reissuance request, the order revoking or suspending a license is a final
				  action and shall not be subject to further litigation as to its findings of
				  fact or conclusions of law, provided, however, that the order shall be
				  admissible in the contested case proceeding for purposes of establishing the
				  basis for the original action. The basis of the revocation shall be considered
				  and addressed as a factor in the best interest of the public determination in
				  every contested case that must be addressed by the ALJ in the Proposal for
				  Decision. The Order is relevant for purposes of subsequent efforts following
				  revocation by the physician to demonstrate reinstatement of the license is in
				  the best interests of the public and the applicant physician.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 167 - REINSTATEMENT AND REISSUANCE › Section 167.7 - Judicial Review

Current through Reg. 49, No. 28; July 12, 2024
A decision by the board to deny a request for reinstatement
				  or application for reissuance of a medical license is subject to review in the
				  manner provided by § 164.009 of the Act.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 167 - REINSTATEMENT AND REISSUANCE › Section 167.8 - Certain Persons Ineligible for Reinstatement or Reissuance of License

Current through Reg. 49, No. 28; July 12, 2024
Except on express determination based on substantial evidence
				  contained in an investigative report indicating that reinstatement or
				  reissuance of the license is in the best interest of the public and of the
				  person whose license has been suspended or revoked, the board may not reinstate
				  or reissue a license to a person who license has been suspended or revoked
				  because of a felony conviction under:
(1) Chapter 481 or 483, Health and Safety
				Code relating to dangerous drugs and controlled substances;
(2) Section
				485.033,
				Health and Safety Code relating to inhalant paraphernalia; or
(3) the Comprehensive Drug Abuse Prevention
				and Control Act of 1970 (21
				U.S.C. §§
										801 et seq.) which is a
				federal law relating to controlled substances; and
(4) any of the following sections of the
				Penal Code:
(A) Section 22.011(a)(2) (sexual
				assault of a child);
(B) Section
				22.021(a)(1)(B) (aggravated sexual assault of a child);
(C) Section 21.02 (continuous sexual abuse of
				a young child or children); or
(D)
				Section 21.11 (indecency with a child).