Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 189 - COMPLIANCE PROGRAM › Section 189.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
(1) Act--Title 3, Subtitle
				B, Chapters 151 - 165, Texas Occupations Code Annotated for physicians; Title
				3, Subtitle C, Chapter 204, Texas Occupations Code Annotated for physician
				assistants; Title 3 Subtitle C, Chapter 206, Texas Occupations Code Annotated
				for surgical assistants; and Title 3, Subtitle C, Chapter 205, Texas
				Occupations Code Annotated for acupuncturists.
(2) Address of record--The mailing address of
				each probationer as provided to the board pursuant to the Act.
(3) Agency--The divisions, departments, and
				employees of the Texas Medical Board, the Texas Physician Assistant Board, and
				the Texas State Board of Acupuncture Examiners.
(4) Agency representative--A compliance
				officer, other agency staff, board member, or agent of the agency.
(5) APA--The Administrative Procedures Act,
				Tex. Govt. Code, Chapter 2001 as amended.
(6) Authorized representative--An attorney of
				record or any other person who has been designated in writing by a party to
				represent the party at a board proceeding.
(7) Board--The appointed members of the
				Medical Board for physicians and surgical assistants, the Physician Assistant
				Board for physicians assistants, and the Board of Acupuncture for
				acupuncturists.
(8) Board
				representative--A board member or district review committee member who sits on
				a panel at a proceeding to determine compliance with an order.
(9) Compliance manager--The agency staff
				person who supervises the agency compliance program.
(10) Compliance officer--An employee of the
				agency assigned to each probationer to investigate a probationer's compliance
				with the terms and conditions of an order.
(11) Group practice--Any business entity
				including a partnership, professional association, professional limited
				liability company, or other entity allowed by state law and established for the
				purpose of practicing medicine in which two or more physicians licensed in
				Texas are members of the practice.
(12) Institutional setting--A medical
				facility established by a governmental entity, non-profit organization, or
				educational institution that has a permanent staff, including full-time
				physician employees, by-laws, and an internal governing structure for the
				operation of the facility for the purpose of practicing medicine.
(13) Licensee--A person to whom the board has
				issued a license, permit, certificate, approved registration, or similar form
				of permission authorized by law.
(14) Modification/termination hearing--A
				hearing before board representatives conducted upon the written request of a
				probationer for the modification of one or more terms and conditions of an
				order, the termination of an order prior to the prescribed termination of an
				order, or the reinstatement of a license following a suspension.
(15) Monitoring physician--A licensed Texas
				physician who meets the requirements as set out in §
									189.11
				of this title (relating to Process for Approval of Physicians, Other
				Professionals, Group Practices and Institutional Settings) and who reviews a
				probationer's medical/billing records and/or conducts onsite reviews of a
				probationer's practice site on a periodic basis for the purpose of monitoring
				and educating a probationer, and periodically reports in writing to the board
				on the probationer's medical practice and practice of medicine as stipulated by
				an order or remedial plan.
(16)
				Order--An agreed order, final order of the board, rehabilitation order, or
				other order approved by the board that requires an agency representative to
				monitor a probationer's compliance with the order's terms and
				conditions.
(17) Probation
				appearance--An appearance by a probationer at an informal board proceeding
				before board representatives to discuss a probationer's compliance with an
				order or remedial plan.
(18)
				Probationer--A licensee who is under an order.
(19) Proctor--A licensed Texas physician who
				meets the requirements as set out in §
									189.11
				of this title and who physically and actually works with and oversees a
				probationer's practice of medicine on a daily basis and periodically reports in
				writing to the board on the probationer's medical practice and practice of
				medicine as stipulated by an order.
(20) Remedial Plan--A nondisciplinary
				settlement agreement entered into pursuant to § 164.0015 of this
				Act.
(21) SOAH--The State Office of
				Administrative Hearings.
(22)
				Successful Completion--The determination that all the terms and/or conditions
				of an Order are considered to be fully completed and a written Notice of
				Termination is provided to a Probationer. The effective date of Successful
				Completion shall be the date on Notice of Termination of the Order.
(23) Supervising physician--A licensed Texas
				physician who meets the requirements as set out in §
									189.11
				of this title and who is physically present at a probationer's practice on a
				daily basis in order to evaluate, educate, and provide guidance regarding the
				probationer's practice of medicine; and periodically reports in writing to the
				board on probationer's medical practice and practice of medicine as stipulated
				by an order or remedial plan.
(24)
				Toll--To extend the term of an order for any period of time that:
(A) a probationer practices exclusively
				outside the State of Texas;
(B) a
				probationer's license is cancelled for nonpayment of licensure fees;
(C) the order is stayed or enjoined by Court
				Order; or
(D) for any period of
				time longer than 60 consecutive days that a probationer does not actively
				practice medicine.