reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter B - INFORMAL BOARD PROCEEDINGS › Section 187.19 - Resolution by Agreed Order

Current through Reg. 49, No. 28; July 12, 2024
(a) If
				  the board representatives determine that the licensee has violated the Act,
				  board rules, or board order, the board representatives may recommend board
				  action and terms and conditions for informal resolution.
(b) The recommendation of the board
				  representatives shall be reduced to writing in an agreed order or remedial plan
				  prepared by board staff and presented to the licensee and the authorized
				  representative.
(c) The licensee
				  may accept the proposed settlement by signing and returning the agreed order or
				  remedial plan within the time period prescribed. If the licensee rejects or
				  fails to timely accept the proposed agreement, board staff may proceed with the
				  filing of a Complaint at SOAH.
(d)
				  Additional negotiations may be held between board staff and the licensee or the
				  authorized representative. In consultation with the board representatives, as
				  available, the recommendations of the board representatives may be subsequently
				  modified based on new information, a change of circumstances, or to expedite a
				  resolution in the interest of protecting the public.
(e) The board representative(s) shall be
				  consulted and must concur with any subsequent substantive modifications before
				  any recommendations are sent to the full board for approval.
(f) The recommendations may be adopted,
				  modified, or rejected by the board.
(g) Board staff may communicate directly with
				  the board representative(s) after the ISC for the purpose of discussing
				  settlement of the case.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter B - INFORMAL BOARD PROCEEDINGS › Section 187.20 - Board Action on Agreed Orders

Current through Reg. 49, No. 28; July 12, 2024
(a) Following
				  the acceptance and execution by the licensee or applicant of the settlement
				  agreement, the agreement shall be submitted to the board for
				  approval.
(b) The following relate
				  to the consideration of an agreed disposition by the board:
(1) Upon an affirmative majority vote of
				  members present to approve an agreed order or remedial plan, the president of
				  the board or of the officer presiding at such meeting shall sign and enter the
				  agreed order or remedial plan and the action shall be referenced in the minutes
				  of the board.
(2) If the board does
				  not approve a proposed settlement agreement, the licensee or applicant shall be
				  so informed and the matter shall be referred to board staff for appropriate
				  action that may include dismissal, closure, further negotiation, further
				  investigation, an additional informal resolution conference or a SOAH hearing.
				  In determining the appropriate further action to be taken, the board shall
				  consider previous attempts to resolve the matter. The board must specify their
				  rationale for the rejection of the proposed settlement agreement that shall be
				  referenced in the minutes of the board.
(3) The board may approve the proposed agreed
				  order or remedial plan with specified modifications, which shall be referenced
				  in the minutes of the board. The revised proposed agreed order or remedial plan
				  shall be presented to the licensee for acceptance within the time period
				  prescribed. Upon acceptance, the president of the board or the officer
				  presiding at the meeting shall sign and enter the agreed order or remedial
				  plan.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter B - INFORMAL BOARD PROCEEDINGS › Section 187.21 - Board and District Review Committee Members Participation

Current through Reg. 49, No. 28; July 12, 2024
(a) Two or more
				  members of the board or the district review committee shall conduct an ISC as
				  the board's representatives, except as provided in §187.18(d), of this
				  title (relating to ISC Scheduling, Process, and Procedures ). The senior board
				  member shall serve as chair of the proceeding. In the event that the
				  representatives consist only of district review committee members, the senior
				  committee member shall serve as the chair of the proceeding.
(b) To the extent possible, board members and
				  district review committee members are required to serve as representatives at
				  informal show compliance proceedings an equal number of times during a calendar
				  year.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter C - FORMAL BOARD PROCEEDINGS AT SOAH › Section 187.22 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to provide procedure for
					 public adjudicative hearings at SOAH.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter C - FORMAL BOARD PROCEEDINGS AT SOAH › Section 187.24 - Pleadings

Current through Reg. 49, No. 28; July 12, 2024
(a) In disciplinary
				  matters, actions by the board as Petitioner against a licensee, the board's
				  pleadings shall be styled "Complaint" or "Formal Complaint". Except in cases of
				  temporary suspension, a Complaint shall be filed only after notice of the facts
				  or conduct alleged to warrant the intended action has been sent to the
				  licensee's address of record and the licensee has an opportunity to show
				  compliance with the law for the retention of a license as provided in
				  §2001.054 of the Administrative Procedure Act (APA), and §164.004(a)
				  of the Act.
(b) Upon timely
				  receipt, as set forth in §
										187.13(c)(4)(B)
				  of this title (relating to Informal Board Proceedings Relating to Licensure
				  Eligibility), from a licensure applicant, of a request for an appeal before
				  SOAH of the board's determination of ineligibility, the board shall file a
				  request to docket and a Statement of Issues with SOAH.
(1) Applicant must timely file a petition
				  with SOAH in order to initiate a contested case at SOAH. Such petition shall be
				  filed by applicant no more than 30 days after receipt of the board's Statement
				  of Issues filed with SOAH. Applicant shall comply with all other provisions
				  relating to formal proceedings as set out in this subchapter.
(2) An applicant who notifies the board of
				  their intent to appeal the board's determination of ineligibility to SOAH, as
				  required under paragraph (1) of this subsection, and subsequently fails to
				  timely file a petition with SOAH, shall be deemed to have withdrawn their
				  intent to appeal the board's ineligibility determination to SOAH.
(3) Prior to initiating a contested case at
				  SOAH, an applicant may request to withdraw their intent to appeal the board's
				  ineligibility determination to SOAH by notifying the board in writing prior to
				  filing a petition.
(4) If an
				  applicant fails to timely notify the board of their intent to appeal the
				  board's determination of ineligibility, as described in this subsection, such
				  failure to take timely action shall be deemed a withdrawal.
(5) A withdrawal of intent to appeal the
				  board's determination of ineligibility to SOAH or a deemed withdrawal, due to
				  failure to timely take appropriate action, shall be deemed acceptance by
				  applicant of the board's ineligibility determination.
(6) An application for licensure shall not
				  expire while the application is the subject of a contested case, however,
				  applicants shall be required to update any information that is a part of their
				  applications.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter C - FORMAL BOARD PROCEEDINGS AT SOAH › Section 187.25 - Notice of Adjudicative Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Notice. Before revoking or suspending any license, denying an application for a
				  license, or reprimanding any licensee, the board will afford all parties an
				  opportunity for an adjudicative hearing after reasonable notice of not less
				  than ten days, except as otherwise provided by board rule or the Act.
(b) Content.
(1) In accordance with § 2001.052 of the
				  APA, notice of adjudicative hearing shall include:
(A) a statement of time, place, and nature of
				  the hearing;
(B) a statement of the
				  legal authority and jurisdiction under which the hearing is to be
				  held;
(C) a reference to the
				  particular sections of the statutes and rules involved;
(D) a short and plain statement of the
				  matters asserted; and
(E) a
				  disclosure in at least 12-point bold face type that the factual allegations
				  listed in the notice could be deemed admitted, and the relief sought in the
				  notice of hearing might be granted by default against the party that fails to
				  appear at hearing.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter C - FORMAL BOARD PROCEEDINGS AT SOAH › Section 187.26 - Service in SOAH Proceedings

Current through Reg. 49, No. 28; July 12, 2024
(a) Service of
				  a notice of adjudicative hearing shall be made by hand delivery, regular,
				  registered or certified mail, courier service, or otherwise in accordance with
				  the APA and the Rules of SOAH. The notice of adjudicative hearing shall be
				  delivered to the respondent at the address of record on file with the
				  board.
(b) Service in the manner
				  provided for subsection (a) of this section shall be prima facie evidence of
				  proper service of notice of adjudicative hearing.
(1) Service by hand delivery shall be
				  complete upon hand delivery to the respondent or respondent's agent at the
				  respondent's address of record.
(2)
				  Service by mail shall be complete upon deposit of the paper, enclosed in a
				  postpaid, properly addressed wrapper, in a post office or official depository
				  under the care and custody of the United States Postal Service.
(3) Service by courier service shall be
				  complete upon deposit of the paper, enclosed in a properly addressed wrapper,
				  in a depository under the care and custody of a courier service, with payment
				  under a contract with the board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter C - FORMAL BOARD PROCEEDINGS AT SOAH › Section 187.27 - Written Answers in SOAH Proceedings and Default Orders

Current through Reg. 49, No. 28; July 12, 2024
(a) Written Answers in SOAH Proceedings. As
				  authorized by SOAH rules, a respondent is required to file a written answer to
				  the Complaint within 20 days after the date that service of the Complaint is
				  complete, as provided in §
										187.26(c)
				  of this title (relating to Service in SOAH Proceedings), the respondent shall
				  file a written answer with the State Office of Administrative Hearings and with
				  the Hearings Coordinator of the board.
(b) Default Orders.
(1) If no written answer has been filed
				  within 20 days after the date of service, the board attorney assigned to the
				  matter shall file a motion to remand with SOAH and respondent based on
				  respondent's default.
(2) If the
				  case is remanded, the staff attorney shall present to the board a motion for
				  default. After consideration of the Complaint and the motion for default, the
				  board may then make a Determination of Default and issue a Default Order
				  deeming the allegations in the Complaint as true.
(3) In the event that the respondent wishes
				  to file an answer after a Default Order has been entered by the board the
				  respondent must file a Motion for Rehearing to Set Aside Default Order within
				  20 days after the issuance of the Default Order, which shall show that:
(A) the failure to timely file a written
				  answer was caused by fraud, accident, or wrongful act or official mistake of
				  the board;
(B) the failure to
				  timely file a written answer was not the result of respondent's fault or
				  negligence; and
(C) the respondent
				  has a meritorious defense.
(4) The Motion for Rehearing shall be
				  supported by affidavits and documentary evidence that present a prima facie
				  case for a meritorious defense.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter C - FORMAL BOARD PROCEEDINGS AT SOAH › Section 187.28 - Discovery

Current through Reg. 49, No. 28; July 12, 2024
(a) Parties to SOAH
				  proceedings shall have reasonable opportunity and methods of discovery as
				  described in the APA, §164.005 and §164.007(d) of the Act, and SOAH
				  rules.
(b) Testifying expert
				  witnesses. Unless otherwise agreed in writing by the parties or ordered by the
				  ALJ, the Board shall file a designation of testifying expert witnesses, if any,
				  no later than 90 days before the end of the discovery period. Other parties
				  shall file a designation of testifying expert witnesses, if any, no later than
				  45 days after the Board's designation or 60 days before the end of the
				  discovery period, whichever date is earlier. A party shall not be allowed to
				  present a testifying expert witness who has not been timely designated, except
				  by a pre-hearing order of the ALJ.
(1) A
				  designation of testifying expert witnesses shall include:
(A) the name, address, and telephone number
				  of each expert witness and, unless the party shows that the testifying expert
				  witness is not retained by, employed by, testifying as a courtesy, or otherwise
				  in the control of the party,
(B) a
				  current curriculum vitae, résumé, and bibliography of each expert
				  witness.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter C - FORMAL BOARD PROCEEDINGS AT SOAH › Section 187.29 - Mediated Settlement Conferences

Current through Reg. 49, No. 28; July 12, 2024
(a) In
				  an effort to expeditiously resolve disputed issues, mediation may be held
				  through State Office of Administrative Hearings (SOAH) in compliance with
				  §155.37 of SOAH rules.
(1) Board members
				  and District Review Committee (DRC) members are not parties to actions pending
				  before SOAH, and accordingly will not be ordered or expected to attend Mediated
				  Settlement Conferences (MSCs) before SOAH. Board members and DRC members who
				  attended the informal show compliance proceeding will be invited by board staff
				  to attend the MSC. If the board and DRC members who attended the informal show
				  compliance proceeding are unable to attend the MSC, then other members of the
				  board and DRC may be invited to attend the MSC. In appropriate cases, board
				  staff will make every effort to have a physician-member present.
(2) All proposed mediated agreed orders are
				  not considered final until they are approved by the board.
(3) All mediated agreed orders shall be in
				  writing and shall contain findings of facts, conclusions of law and board
				  actions consistent with §
											187.9 of
				  this title (relating to Board Actions).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter C - FORMAL BOARD PROCEEDINGS AT SOAH › Section 187.30 - Reporter and Transcripts

Current through Reg. 49, No. 28; July 12, 2024
Recording by a court reporter. Each contested hearing shall
					 be recorded. Any recording of contested case proceedings shall be conducted in
					 accordance with §§ 2001.059 - .060 of the APA and § 155.43 of
					 SOAH rules.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter C - FORMAL BOARD PROCEEDINGS AT SOAH › Section 187.31 - Evidence

Current through Reg. 49, No. 28; July 12, 2024
(a) Medical
				  records. Medical records of patients shall be accompanied by an affidavit in
				  the form approved and furnished by the board that contains the requisite
				  elements to comply with the Texas Rules of Evidence, 902(10)(b), relating to
				  form of affidavits.
(b) Peer review
				  proceedings.
(1) Pursuant to Section 164.0071
				  of the Act, a record, report, or other information that has been submitted to
				  the board in accordance with Chapter 160 of the Act by a medical peer review
				  committee, professional review body or any health care entity may be disclosed
				  by Board Staff and shall be admitted into evidence as the basis for the opinion
				  of an expert witness called by the board. The authorization to disclose such
				  records in a disciplinary hearing, provided in Section 160.006(a)(1) and
				  Section 164.0071 of the Act, creates a statutory exception to the hearsay rule,
				  as stated in Article VIII, Texas Rules of Evidence.
(2) In accordance with § 160.009 of the
				  Act, parties and witnesses can be required to produce documents and
				  information. As provided in § 160.0071(c) of the Act, however, a member of
				  a peer review committee is not subject to subpoena and may not be compelled to
				  provide evidence in a hearing or a deposition regarding medical peer review
				  proceedings otherwise privileged pursuant to § 160.007 of the
				  Act.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter C - FORMAL BOARD PROCEEDINGS AT SOAH › Section 187.33 - Proposals for Decision

Current through Reg. 49, No. 28; July 12, 2024
In accordance with the APA, Section 2001.141(e), if a party
					 submits proposed findings of fact, the ALJ shall rule on each proposed finding,
					 including a statement as to why any proposed finding was not included in the
					 proposal for decision.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter D - FORMAL BOARD PROCEEDINGS › Section 187.35 - Presentation of Proposal for Decision

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Notice of oral argument. All parties shall be given notice of the opportunity
				  to attend and provide oral argument concerning a proposal for decision before
				  the board. The ALJ who issued the proposal for decision shall be given notice
				  of the opportunity to attend and provide a summation of the proposal for
				  decision before the board. The ALJ is not required to attend the presentation
				  of the proposal for decision before the board. Notice shall be sent to the
				  party or the party's attorney of record as set out in Texas Government Code,
				  §
										2001.142(a).
				  Notice to the ALJ may be provided by facsimile, e-mail, telephone, hand
				  delivery, regular mail, certified mail - return receipt requested, courier
				  service, or registered service.
(b)
				  Arguments before the Board. The order of the proceeding shall be as follows:
(1) the ALJ may present and explain the
				  proposal for decision;
(2) the
				  party adversely affected shall briefly state the party's reasons for being so
				  affected supported by the evidence of record;
(3) the other party or parties shall be given
				  the opportunity to respond;
(4) the
				  party with the burden of proof shall have the right to close;
(5) board members may question any party as
				  to any matter relevant to the proposal for decision and evidence presented at
				  the hearing;
(6) at the end of all
				  arguments by the parties, the board may deliberate in closed session and any
				  action shall be taken in open session.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter D - FORMAL BOARD PROCEEDINGS › Section 187.36 - Interlocutory Appeals and Certification of Questions

Current through Reg. 49, No. 28; July 12, 2024
(a) Interlocutory appeals and certification
				  of questions. Interlocutory appeals to the board and certification of questions
				  filed pursuant to §
										187.23 of this
				  title (relating to General Provisions of Formal Proceedings at SOAH) shall be
				  filed with the hearings coordinator of the board and served on the respondent
				  or authorized representative and the ALJ. The respondent or authorized
				  representative and the ALJ shall be given ten days from the date of filing by
				  board staff to file a written response with the Hearings Coordinator. The staff
				  attorney, the respondent and authorized representative, and the ALJ may appear
				  at a meeting to make oral argument on the appeal.
(b) Abatement of proceeding. The ALJ shall
				  abate the proceeding while a certified question or interlocutory appeal is
				  pending.
(c) Board action. The
				  board shall enter in the minutes of the meeting the board's decision on the
				  certified question or interlocutory appeal. A board decision on a certified
				  question or interlocutory appeal is not subject to motion for
				  rehearing.
(d) Judicial review.
				  Nothing in this section shall be interpreted to affect a licensee's right to
				  seek judicial review of any disciplinary action taken by the board against the
				  licensee as provided by § 164.009 of the Act.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter D - FORMAL BOARD PROCEEDINGS › Section 187.37 - Board Action on Proposal for Decision

Current through Reg. 49, No. 28; July 12, 2024
(a) For purposes of this section a Final
				  Order is defined as the disposition of a contested case based on the
				  administrative law judge's findings of fact and conclusions of law resulting in
				  a disciplinary order or dismissal issued by the board. A Final Order shall be
				  in writing and shall be signed by the president, vice-president, or secretary
				  and reported in the minutes of the meeting. Notice of the Final Order shall be
				  delivered in accordance with Texas Government Code, Chapter 2001, Section
				  2001.142.
(b) If the board does not
				  file an appeal pursuant Section
				  164.0072 of the
				  Texas Occupations Code, then a licensee may appeal a final order of the Board
				  as allowed by Subchapter F of the Texas Government Code, Chapter
				  2001.
(c) Board action on a Motion
				  for Rehearing must be done in accordance with Texas Government Code, Chapter
				  2001, Section 2001.145 and 2001.146.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter D - FORMAL BOARD PROCEEDINGS › Section 187.39 - Costs of Administrative Hearings

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Default Orders. In cases brought before SOAH, in the event that the respondent
				  is adjudged to be in violation of the Act by default, the board has the
				  authority to assess, in addition to penalty imposed, costs of the
				  administrative hearing.
(b) Trial
				  on the Merits. In cases brought before SOAH, in the event that the respondent
				  is adjudged to be in violation of the Act after a trial on the merits, the
				  board has the authority to assess in addition to the penalty imposed, the costs
				  of the administrative hearing.
(c)
				  Appeal. The costs of transcribing the testimony and preparing the record for an
				  appeal by judicial review shall be paid by the party who appeals.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter D - FORMAL BOARD PROCEEDINGS › Section 187.42 - Recusals

Current through Reg. 49, No. 28; July 12, 2024
(a) Permissive
				  Recusal. At any meeting of the board or board committee, a board member may
				  choose to be recused from participating and voting regarding any matter for any
				  reason. The board member shall not be required to state the basis for recusal,
				  but may choose to state the basis in general terms if such a statement will not
				  prejudice the rights of any party to a fair proceeding before the board or
				  committee of the board. In the event a board member discloses a basis for
				  recusal which could potentially prejudice the rights of any party to a fair
				  proceeding, the presiding officer of the board or committee may cure any such
				  prejudice by an instruction to board or committee members to not consider the
				  statement during the course of the proceeding or during deliberations or
				  discussions related to the proceeding.
(b) Standards for Recusal.
(1) A board member should exercise sound
				  discretion in choosing to be recused from participation and voting regarding
				  any matter.
(2) A board member
				  should choose to be recused if the board member:
(A) has a direct financial interest or
				  relationship with any matter, party, or witness that would give the appearance
				  of a conflict of interest;
(B) has
				  a familial relationship within the third degree of affinity with any party or
				  witness; or
(C) determines that
				  he/she has knowledge of information that is not in the administrative record of
				  a contested case and that he/she cannot set aside that knowledge and fairly and
				  impartially consider the matter based solely on the administrative
				  record.
(3) The fact
				  that a board member participated in an ISC, a temporary suspension, or any
				  other matter regarding a respondent shall not require the board member to be
				  recused from any other matter, unless the board member determines that he or
				  she cannot set aside knowledge of any information that is not in the
				  administrative records and fairly and impartially consider the matter based
				  solely on the administrative record.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter E - PROCEEDINGS RELATING TO PROBATIONERS › Section 187.43 - Proceedings for the Modification/Termination of Agreed Orders and Disciplinary Orders

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless the
				  board order specifies that the order shall or will be modified or terminated
				  upon the fulfillment of certain conditions or the occurrence of certain events,
				  the decision to modify or terminate a board order shall be a matter for the
				  exercise of sound discretion by the board. An agreed order entered into by
				  Respondent may not be subsequently converted to a remedial plan. A licensee may
				  not request modification or termination of a remedial plan.
(b) Modification or termination requests
				  shall not be contested matters, but instead shall be matters to be ruled upon
				  through the exercise of sound discretion by the board.
(c) If a board order sets out certain
				  conditions or events for granting modification or termination of an order, the
				  licensee shall have the burden of establishing that such conditions or events
				  have taken place or been met.
(d)
				  If by the terms of the order no specific conditions or events trigger the
				  requirement that the petition be granted, the licensee has the burden of proof
				  of demonstrating that one or more of the following factors should be considered
				  for purposes of analyzing the merits of the petition and exercising sound
				  discretion:
(1) whether there has been a
				  significant change in circumstances which indicates that it is in the best
				  interest of the public and the licensee to modify or terminate the
				  order;
(2) whether there has been
				  an unanticipated, unique or undue hardship on the licensee as a result of the
				  board order which goes beyond the natural adverse ramifications of the
				  disciplinary action (i.e. impossibility of requirement, geographical problems).
				  Economic hardships such as the denial of insurance coverage or an adverse
				  action taken by a medical specialty board are not considered unanticipated,
				  unique or undue hardships;
(3)
				  whether the licensee has engaged in special activities which are particularly
				  commendable or so meritorious as to make modification or termination
				  appropriate; and
(4) whether the
				  licensee has fulfilled the requirements of the licensee's order in a timely
				  manner and cooperated with the board and board staff during the period of
				  probation or restriction.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter E - PROCEEDINGS RELATING TO PROBATIONERS › Section 187.44 - Probationer Show Compliance Proceedings

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to §§164.003 - 164.004 of the Act and
					 §§2001.054 - 2001.056 of the APA, the following rules shall apply to
					 probationer show compliance proceedings.
(1) If a licensee is placed under an order,
				  the licensee shall be monitored by the board to ensure compliance. In the event
				  that a licensee fails to comply with the licensee's order, such noncompliance
				  will be addressed at a probationer show compliance proceeding.
(2) All licensees under any order must
				  maintain their licenses in good standing, including meeting all fee and
				  continuing medical education requirements. Failure to keep a license in good
				  standing shall be evidence of noncompliance with a board order and considered a
				  violation of the Act and board rules.
(3) Unless otherwise stated, the policies and
				  procedures as described for ISCs in §
										187.18
				  of this title (relating to ISC Scheduling, Process, and Procedures) shall apply
				  to probationer show compliance proceedings.
(4) Prior to the Probationer Show Compliance
				  Hearing, the board representatives shall be provided with the information sent
				  to the licensee by the board staff and all information timely received in
				  response from the licensee. All notice relating to the Probationer Show
				  Compliance Proceeding shall be mailed to the licensee at least ten days prior
				  to the date of the proceeding. Information must be received from the licensee
				  at least five days prior to the Probationer Show Compliance
				  Proceeding.
(5) At a probationer
				  show compliance proceeding, the board representatives may consider facts
				  relevant to the alleged noncompliance, and the board representatives may
				  recommend that the licensee's existing order be modified or extended.
(6) To the extent possible, board members and
				  district review committee members are required to serve as representatives at
				  probationer show compliance proceedings an equal number of times during a
				  calendar year. In the event a board member or district review committee member
				  has a complaint regarding the frequency or infrequency of service as a
				  representative required for any member, the complaint may be routed in writing
				  to the director of enforcement for the board who shall then bring the complaint
				  to the attention of the president of the board for a resolution.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter E - PROCEEDINGS RELATING TO PROBATIONERS › Section 187.45 - Probationer Appearances

Current through Reg. 49, No. 28; July 12, 2024
A probationer may be required to appear before board
					 representatives to report on compliance and progress under the
					 order.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter F - TEMPORARY SUSPENSION AND RESTRICTION PROCEEDINGS › Section 187.55 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of a temporary suspension or restriction
					 proceeding is to determine whether a person's license to practice medicine
					 should be temporarily suspended or restricted in accordance with the Act,
					 § 164.059.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter F - TEMPORARY SUSPENSION AND RESTRICTION PROCEEDINGS › Section 187.56 - Convening a Disciplinary Panel

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The President of the board shall appoint a three-member disciplinary
				  panel.
(b) The disciplinary panel
				  shall be composed of three members of the board, at least one of whom must be a
				  physician. The President of the board shall name a chair of the disciplinary
				  panel. The Executive Director shall submit names to the President of the Board
				  for appointment to a panel based on the prospective panel members' availability
				  and lack of conflict of interests.
(c) In the event of the recusal of a
				  disciplinary panel member or the inability of a panel member to attend a
				  temporary suspension proceeding, an alternate board member may serve on the
				  disciplinary panel upon appointment by the president or presiding officer of
				  the board.
(d) Notwithstanding the
				  Open Meetings Act, Chapter 551, Texas Government Code, and in accordance with
				  § 164.059(d) of the Act, the disciplinary panel may hold a meeting by
				  telephone conference call if immediate action is required and the convening at
				  one location of the disciplinary panel is inconvenient for any member of the
				  disciplinary panel.
(e) A hearing
				  before a disciplinary panel shall constitute a hearing before the
				  board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter F - TEMPORARY SUSPENSION AND RESTRICTION PROCEEDINGS › Section 187.57 - Charge of the Disciplinary Panel

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The disciplinary panel shall determine from the evidence or information
				  presented to it whether a person's continuation in practice constitutes a
				  continuing threat to the public welfare.
(b) If the disciplinary panel determines that
				  a person's continuation in practice would constitute a continuing threat to the
				  public welfare, the disciplinary panel shall temporarily suspend or restrict
				  the license of that person.
(c) In
				  accordance with the Act, § 151.002(a)(2), "continuing threat to the public
				  welfare," means a real danger to the health of a physician's patients or the
				  public caused through the physician's lack of competence, impaired status, or
				  failure to care adequately for the physician's patients. A real danger exists
				  if patients have an exposure to or risk of injury that is not merely abstract,
				  hypothetical or remote and is based on actual actions or inactions of the
				  physician. Information that the physician has committed similar actions or
				  inactions in the past shall be considered by the disciplinary panel.
(d) The disciplinary panel may also
				  temporarily restrict or suspend a license of a person upon proof that a person
				  has been arrested for an offense under:
(1)
				  Section
				  22.011(a)(2),
				  Penal Code (sexual assault of a child);
(2) Section
				  22.021(a)(1)(B),
				  Penal Code (aggravated sexual assault of a child);
(3) Section
				  21.02,
				  Penal Code (continuous sexual abuse of a young child or children); or
(4) Section
				  21.11,
				  Penal Code (indecency with a child).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter F - TEMPORARY SUSPENSION AND RESTRICTION PROCEEDINGS › Section 187.58 - Procedures before the Disciplinary Panel

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance with the Act, §
				  164.004, an ISC is not required to be held prior to a hearing on temporary
				  suspension or restriction. Section 164.004 further exempts a temporary
				  suspension or restriction proceeding from the requirements of §
										2001.054(c),
				  Texas Government Code.
(b) To the
				  extent practicable, in the discretion of the chair of the disciplinary panel,
				  the sequence of events will be as follows:
(1)
				  Call to Order;
(2) Roll
				  Call;
(3) Calling of the
				  Case;
(4) Recusal
				  Statement;
(5)
				  Introductions/Appearances on the Record;
(6) Opening Statements by Board Staff and
				  Respondent;
(7) Presentation of
				  evidence by Board Staff;
(8)
				  Presentation of evidence on behalf of Respondent;
(9) Rebuttal by Board Staff and
				  Respondent;
(10) Closing Arguments;
(A) Argument by Board Staff;
(B) Argument by Respondent;
(C) Final Argument by Board Staff;
(11) Deliberations;
(12) Announcement of Decision;
(13) Adjournment.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter F - TEMPORARY SUSPENSION AND RESTRICTION PROCEEDINGS › Section 187.59 - Evidence

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance
				  with the Administrative Procedure Act (APA), § 2001.081, the determination
				  of the disciplinary panel may be based not only on evidence admissible under
				  the Texas Rules of Evidence, but may be based on information of a type on which
				  a reasonably prudent person commonly relies in the conduct of the person's
				  affairs, necessary to ascertain facts not reasonably susceptive of proof under
				  those rules, and not precluded by statute.
(b) Questioning of witnesses by the parties
				  or panel members shall be under the control of the chair of the disciplinary
				  panel with due consideration being given to the need to obtain accurate
				  information and prevent the harassment or undue embarrassment of
				  witnesses.
(c) In receiving
				  information on which to base its determination of a continuing threat to the
				  public welfare, the disciplinary panel may accept the testimony of witnesses by
				  telephone.
(d) Documentary evidence
				  must be prefiled with the board 24 hours prior to the scheduled hearing.
				  Admission of documentary evidence after the 24 hours shall be admitted only
				  upon a showing of good cause.
(e)
				  Documentary evidence must be submitted in electronic format in all cases where
				  the Respondent has been provided notice that a panel member will be appearing
				  by phone.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter F - TEMPORARY SUSPENSION AND RESTRICTION PROCEEDINGS › Section 187.60 - Temporary Suspension or Restriction Without Notice or Hearing

Current through Reg. 49, No. 28; July 12, 2024
In accordance with the Act, § 164.059(c), a license
					 may be suspended or restricted without notice or hearing, provided:
(1) the board immediately provides notice of
				  the suspension or restriction to the license holder; and
(2) a hearing on the temporary suspension or
				  restriction before the disciplinary panel of the board is scheduled for the
				  earliest possible date after 10 days' notice of the hearing.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter F - TEMPORARY SUSPENSION AND RESTRICTION PROCEEDINGS › Section 187.61 - Ancillary Proceeding

Current through Reg. 49, No. 28; July 12, 2024
(a) A temporary
				  suspension or restriction proceeding is ancillary to a disciplinary proceeding
				  concerning the licensee's alleged violation(s) of the Act.
(b) A temporary suspension or restriction
				  order is effective immediately on the date entered and shall remain in effect
				  until a final or further order of the board is entered in the disciplinary
				  proceeding.
(c) A temporary
				  suspension or restriction order based upon an arrest for certain offenses
				  listed under §164.0595 of the Act and §
										187.57(d)
				  of this title (relating to Charge of the Disciplinary Panel), remains in effect
				  until there is a final disposition of the criminal case, including, but not
				  limited to, conviction, plea agreement and sentence, deferred adjudication,
				  acquittal, or dismissal of the criminal case.
(d) Upon the entry of a temporary suspension
				  or restriction order, an ISC shall be scheduled as soon as practicable in the
				  disciplinary proceeding in accordance with §164.004 of the Act, and §
										2001.054(c),
				  Texas Government Code, or, in the case of a suspension or restriction under
				  subsection (c) of this section, as soon as practicable after there is a final
				  disposition of the criminal case. A second ISC is not required, however, if an
				  ISC has previously been held in the disciplinary proceeding.
(e) If the matter is not resolved by an
				  Agreed Order through the ISC, a formal Complaint shall be filed in the
				  disciplinary proceeding at the State Office of Administrative Hearings in
				  accordance with §164.005 of the Act as soon as practicable after the ISC.
				  This rule is promulgated pursuant to and consistent with §164.059 of the
				  Act which provides express statutory authority, consistent with the exception
				  in Texas Government Code, §
										2001.054(c-1),
				  regarding the time period in which the Board must initiate a formal complaint
				  (as defined §164.005 of the Act) for revocation or other action. The Board
				  is excepted from compliance with Texas Government Code, §
										2001.054(c-1),
				  related to the time period in which the agency must initiate proceedings for
				  revocation or other action following the entry of an order of suspension, by
				  express statutory authority in §164.059 of the Act, providing for
				  post-suspension procedures.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter F - TEMPORARY SUSPENSION AND RESTRICTION PROCEEDINGS › Section 187.62 - Continuing Threat Constitutes a Danger to the Public

Current through Reg. 49, No. 28; July 12, 2024
Section 164.011(c) of the Act provides that the board's
					 decision to suspend or restrict a license may not be enjoined if the license
					 holder's continued practice presents a danger to the public. The board's
					 determination that a licensee's continuation in practice would constitute a
					 continuing threat to the public welfare shall be deemed to be a finding that
					 the license holder's continued practice presents a danger to the
					 public.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter G - SUSPENSION BY OPERATION OF LAW › Section 187.70 - Purposes and Construction

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to set forth a procedure
					 for the suspension of a medical license in the case of initial conviction of
					 certain offenses, initial findings by a trier of fact of guilt of certain
					 drug-related felonies, or the incarceration of a physician in a state or
					 federal penitentiary, as provided in §§164.057 - 164.058 of the Act.
					 The board interprets this statute as providing for suspension by operation of
					 law and that an initial conviction occurs when there has been adjudication of
					 guilt of the offense charged, including, but not limited to, a finding of guilt
					 by a jury or judge. Since the board's role in such circumstances is limited to
					 whether the licensee has been initially convicted of certain offenses or is
					 incarcerated, the board has determined that the procedures set forth in this
					 subchapter will provide due process to the licensee and protect the
					 public.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter G - SUSPENSION BY OPERATION OF LAW › Section 187.71 - Hearing before a Panel of Board Representatives

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon receipt of information that a
				  licensee has been initially convicted of certain offenses, found guilty by a
				  trier of fact of certain drug-related felonies, or is incarcerated, the board
				  shall schedule a hearing before a panel of board representatives at the
				  earliest practicable time after providing the licensee with at least ten days
				  notice.
(b) The panel shall be
				  composed of at least two members of the board or District Review Committee. At
				  least one member must be a physician and one member must be a public member.
				  The panel may be the same panel that is scheduled for Informal Show Cause and
				  Settlement Conferences.
(c) At the
				  hearing, the licensee shall have the right to respond to the allegations, be
				  represented by counsel, and present evidence or information to the
				  panel.
(d) The panel must base its
				  decision or recommendation on evidence or information that is admissible under
				  § 2001.081, Texas Administrative Procedure Act.
(e) If the licensee disputes the fact that
				  the licensee has been initially convicted of the offense, found guilty by a
				  trier of fact of a drug-related felony, or that the licensee is incarcerated,
				  the licensee may present evidence or information. If the licensee admits that
				  the licensee has been initially convicted of an offense, found guilty by a
				  trier of fact of a drug-related felony, or is incarcerated, but requests that
				  the panel probate an order suspending the licensee's medical license, the
				  licensee may present evidence or information showing that probation is
				  authorized by § 164.101 and § 164.102 of the Act and that the
				  suspension should be probated.
(f)
				  A licensee shall be subject to further disciplinary action when a final
				  conviction of the offense occurs pursuant to § 164.051(a)(2) and §
				  164.057(b) of the Act. A final conviction occurs when there has been an
				  adjudication of guilt and a judgment entered.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter G - SUSPENSION BY OPERATION OF LAW › Section 187.72 - Decision of the Panel

Current through Reg. 49, No. 28; July 12, 2024
(a) If the
				  panel determines that the licensee has been initially convicted of an offense
				  listed in §164.057(a)(1) of the Act, found guilty by a trier of fact of a
				  drug-related felony listed in §164.057(a)(2) of the Act, or is
				  incarcerated, the panel shall direct the Executive Director to enter an order
				  suspending the medical license of the licensee in accordance with §164.057
				  or §164.058 of the Act. The order of the Executive Director shall be
				  effective immediately upon entry. The panel shall either offer an agreed order
				  probating the suspension or refer the matter to SOAH for revocation of the
				  physicians' license.
(b) If the
				  panel determines that the suspension should be probated, the panel may
				  recommend the terms and conditions of an agreed order to be signed by the
				  licensee and presented to the board for approval. The agreed order probating
				  suspension shall supersede the order of suspension issued by the executive
				  director only after the agreed order has been signed by the licensee and
				  approved by the board.