Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 187 - PROCEDURAL RULES › Subchapter B - INFORMAL BOARD PROCEEDINGS › Section 187.13 - Informal Board Proceedings Relating to Licensure Eligibility

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant
				  who has either requested to appear before the licensure committee of the board
				  or has elected to be referred to the licensure committee of the board due to a
				  determination of ineligibility by the Executive Director in accordance with
				  §
										163.4
				  of this title (relating to Procedural Rules for Licensure Applicants), in lieu
				  of withdrawing the application for licensure, may be subject to a Disciplinary
				  Licensure Investigation.
(b)
				  "Disciplinary Licensure Investigation" means an applicant's licensure file that
				  has been referred to the licensure committee for review.
(c)Determination by a Committee of the Board.
				  Upon review of Disciplinary Licensure Investigation, a committee of the board
				  may determine that the applicant is ineligible for licensure or is eligible for
				  licensure with or without conditions or restrictions, eligible for licensure
				  under a remedial plan, or defer its decision pending further information.
(1) An applicant subject to a Disciplinary
				  Licensure Investigation who withdraws their request to appear before a
				  committee of the board shall have such withdrawal submitted to the full board
				  for ratification.
(2) An applicant,
				  who fails to appear before the committee of the board, shall be deemed a
				  withdrawal, and such withdrawal shall be submitted to the full board for
				  ratification.
(3) Licensure with
				  Terms and Conditions.
(A) If the committee
				  determines that the applicant should be granted a license under certain terms
				  and conditions, based on the applicant's commission of a prohibited act or
				  failure to demonstrate compliance with provisions under the Act or board rules,
				  the committee, as the board's representatives, shall propose an agreed order or
				  a remedial plan. The terms and conditions of the proposed agreed order or
				  remedial plan shall be submitted to the board for approval.
(B) Upon an affirmative majority vote of
				  members present, the board may approve the agreed order or remedial plan as
				  proposed by the committee or with modifications, and direct staff to present
				  the agreed order or remedial plan to the applicant.
(i) If the applicant agrees to the terms of
				  the proposed agreed order or remedial plan, the applicant may be licensed upon
				  the signing of the order or remedial plan by the applicant and the president of
				  the board or the president's designee, and passage of the medical jurisprudence
				  examination, if applicable.
(ii) If
				  the applicant does not agree to the terms of the proposed agreed order or
				  remedial plan within 20 days of receipt of the offer, the applicant shall be
				  deemed ineligible for licensure by the board.
(C) If the board does not approve the
				  proposed agreed order or remedial plan and by majority vote determines the
				  applicant ineligible for licensure, the applicant shall be so informed. The
				  board must specify their rationale for the rejection of the proposed agreed
				  order or remedial plan that shall be referenced in the minutes of the
				  board.
(4) Ineligibility
				  Determination.
(A) If a committee of the
				  board or the full board determines that an applicant is ineligible for
				  licensure, including deemed ineligibility due to the applicant's failure to
				  agree to the terms of the board's proposed agreed order or remedial plan, the
				  applicant shall be notified of the committee's determination and given the
				  option to:
(i) appeal the determination of
				  ineligibility to the State Office of Administrative Hearings (SOAH);
				  or
(ii) accept the determination of
				  ineligibility.
(B) An
				  applicant has 20 days from the date the applicant receives notice of the
				  board's determination of ineligibility to submit a written response to the
				  board electing one of the two options listed in subparagraph (A)(i) - (ii) of
				  this paragraph. Applicant's failure to respond to the board's notice of a
				  determination of ineligibility within 20 days shall be deemed acceptance by
				  applicant of the board's ineligibility determination.
(C) If the applicant timely notifies the
				  board of applicant's intent to appeal the board's ineligibility determination
				  to SOAH, a contested case before SOAH will be initiated only in accordance with
				  §
												187.24 of
				  this title (relating to Pleadings). Applicant shall comply with all other
				  provisions relating to formal proceedings as set out in Subchapter C of this
				  chapter (relating to Formal Board Proceedings at SOAH).
(D) 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.
(E) If the applicant
				  does not timely take action as required in subparagraphs (A) and (B) of this
				  paragraph or, prior to the initiation of a contested case at SOAH, withdraws
				  their intent to appeal the board's ineligibility determination to SOAH, the
				  committee's determination of ineligibility shall be deemed acceptance by
				  applicant of the board's ineligibility determination.