reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 184 - SURGICAL ASSISTANTS › Section 184.3 - Meetings

Current through Reg. 49, No. 28; July 12, 2024
(a) The advisory
				committee shall meet as requested by the board to carry out the mandates of the
				Act.
(b) A meeting may be held by
				telephone conference call.
(c)
				Special meetings may be called by the president of the board, by resolution of
				the board, or upon written request to the presiding officer of the board signed
				by at least three members of the board.
(d) Advisory committee meetings shall, to the
				extent possible, be conducted pursuant to the provisions of Robert's Rules of
				Order Newly Revised unless, by rule, the board adopts a different
				procedure.
(e) All issues requiring
				a vote of the committee shall be decided by a simple majority of the members
				present.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 184 - SURGICAL ASSISTANTS › Section 184.5 - Procedural Rules for Licensure Applicants

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant for licensure:
(1) whose documentation indicates any name
				other than the name under which the applicant has applied must furnish proof of
				the name change;
(2) whose
				applications have been filed with the board in excess of one year will be
				considered expired. Any fee previously submitted with that application shall be
				forfeited unless otherwise provided by §
										175.5
				of this title (relating to Payment of Fees or Penalties). Any further request
				for licensure will require submission of a new application and inclusion of the
				current licensure fee. An extension to an application may be granted under
				certain circumstances, including:
(A) Delay
				by board staff in processing an application;
(B) Application requires Licensure Committee
				review after completion of all other processing and will expire prior to the
				next scheduled meeting;
(C)
				Licensure Committee requires an applicant to meet specific additional
				requirements for licensure and the application will expire prior to deadline
				established by the Committee;
(D)
				Applicant requires a reasonable, limited additional period of time to obtain
				documentation after completing all other requirements and demonstrating
				diligence in attempting to provide the required documentation;
(E) Applicant is delayed due to unanticipated
				military assignments, medical reasons, or catastrophic events;
(3) who in any way falsifies the
				application may be required to appear before the board. It will be at the
				discretion of the board whether or not the applicant will be issued a
				license;
(4) on whom adverse
				information is received by the board may be required to appear before the
				board. It will be at the discretion of the board whether or not the applicant
				will be issued a license;
(5) shall
				be required to comply with the board's rules and regulations which are in
				effect at the time the completed application form and fee are received by the
				board;
(6) must have the
				application for licensure complete in every detail at least 20 days prior to
				the board meeting at which the applicant is considered for licensure. An
				applicant may qualify for a temporary license prior to being considered by the
				board for licensure, as required by §
										184.7 of this
				title (relating to Temporary Licensure); and
(7) must complete an oath swearing that the
				applicant has submitted an accurate and complete application.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 184 - SURGICAL ASSISTANTS › Section 184.7 - Temporary Licensure

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive
				director of the board may issue a temporary license to an applicant:
(1) whose completed application has been
				filed, processed, and found to be in order; and
(2) who has met all other requirements for
				licensure under the Act but is waiting for the next scheduled meeting of the
				board for the license to be issued.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 184 - SURGICAL ASSISTANTS › Section 184.8 - License Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a) Surgical
				assistants licensed by the board shall register biennially and pay a fee. A
				surgical assistant may, on notification from the board, renew an unexpired
				licensed by submitting a required form and paying the required renewal fee to
				the board on or before the expiration date of the license. The fee shall
				accompany a written application that sets forth the licensee's name, mailing
				address, the address of each of the licensee's offices, and other necessary
				information prescribed by the board.
(b) The board may prorate the length of the
				initial surgical assistant registration and registration fees, so that
				registrations expire on a single date, regardless of the board meeting at which
				the surgical assistant is licensed.
(c) The board shall provide written notice to
				each practitioner at the practitioner's address of record at least 30 days
				prior to the expiration date of the license.
(d) Within 30 days of a surgical assistant's
				change of mailing or office address from the address on file with the board, a
				surgical assistant shall notify the board in writing of such change.
(e) A licensee shall furnish a written
				explanation of his or her affirmative answer to any question asked on the
				application for license renewal, if requested by the board. This explanation
				shall include all details as the board may request and shall be furnished
				within 14 days of the date of the board's request.
(f) Falsification of an affidavit or
				submission of false information to obtain renewal of a license shall subject a
				surgical assistant to denial of the renewal and/or to discipline pursuant to
				§206.301 of the Act.
(g)
				Expired Annual Registration Permits.
(1) If a
				surgical assistant's registration permit has been expired for 90 days or less,
				the surgical assistant may obtain a new permit by submitting to the board a
				completed permit application, the registration fee, and the penalty fee, as
				defined in §
										175.3(6)
				of this title (relating to Penalties).
(2) If a surgical assistant's registration
				permit has been expired for longer than 90 days but less than one year, the
				surgical assistant may obtain a new permit by submitting a completed permit
				application, the registration fee, and a penalty fee as defined in §
										175.3(6)
				of this title.
(3) If a surgical
				assistant's registration permit has been expired for one year or longer, the
				surgical assistant's license is automatically canceled, unless an investigation
				is pending, and the surgical assistant may not obtain a new permit.
(4) A surgical assistant may not hold himself
				out as a licensed surgical assistant if he holds an expired permit.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 184 - SURGICAL ASSISTANTS › Section 184.9 - Relicensure

Current through Reg. 49, No. 28; July 12, 2024
If a surgical assistant's license has been expired for one
				  year or longer, the license is considered to have been canceled, unless an
				  investigation is pending, and the person may not renew the license. The
				  surgical assistant may obtain a new license by complying with the requirements
				  and procedures for obtaining an original license.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 184 - SURGICAL ASSISTANTS › Section 184.12 - Surgical Assistant Scope of Practice

Current through Reg. 49, No. 28; July 12, 2024
The practice of surgical assisting is limited to surgical
				  assisting performed under the direct supervision of a physician who delegates
				  the acts. A surgical assistant may practice in any place authorized by a
				  delegating licensed physician, including, but not limited to a clinic,
				  hospital, ambulatory surgical center, or other institutional
				  setting.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 184 - SURGICAL ASSISTANTS › Section 184.13 - Physician Supervision

Current through Reg. 49, No. 28; July 12, 2024
(a) Supervision
				shall be continuous, and shall require that the delegating physician be
				physically present and immediately available in the operating room to
				personally respond to any emergency until the patient is released from the
				operating room and care has been transferred to another physician.
				Telecommunication is insufficient for supervision purposes.
(b) It is the obligation of each team of
				physician(s) and surgical assistant(s) to ensure that:
(1) the surgical assistant's scope of
				practice is identified;
(2)
				delegation of medical tasks is appropriate to the surgical assistant's level of
				competence;
(3) the relationship
				between the members of the team is defined;
(4) that the relationship of, and access to,
				the supervising physician is defined;
(5) a process for evaluation of the surgical
				assistant's performance is established; and
(6) the physician and surgical assistant
				comply with the provisions of Chapter 193 of this title (relating to Standing
				Delegation Orders) when applicable.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 184 - SURGICAL ASSISTANTS › Section 184.14 - Supervising Physician

Current through Reg. 49, No. 28; July 12, 2024
To be authorized to supervise a surgical assistant, a
				  physician must be currently licensed as a physician in this state by the
				  medical board. The license must be unrestricted and active.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 184 - SURGICAL ASSISTANTS › Section 184.16 - Discipline of Surgical Assistants

Current through Reg. 49, No. 28; July 12, 2024
(a)
				The board, upon finding a surgical assistant has committed any of the acts set
				forth in §
									184.15
				of this title (relating to Grounds for Denial of Licensure and for Disciplinary
				Action), may enter an order imposing one or more of the following:
(1) deny the person's application for a
				license or other authorization to practice as a surgical assistant;
(2) administer a public reprimand;
(3) order revocation, suspension, limitation,
				or restriction of a surgical assistant's license, or other authorization to
				practice as a surgical assistant, including limiting the practice of the person
				to, or excluding from the practice, one or more specified activities of the
				practice as a surgical assistant or stipulating periodic board
				review;
(4) require a surgical
				assistant to submit to care, counseling, or treatment by a health care
				practitioner designated by the board;
(5) order the surgical assistant to perform
				public service;
(6) require the
				surgical assistant to complete additional training;
(7) require the surgical assistant to
				participate in continuing education programs; or
(8) assess an administrative penalty against
				the surgical assistant.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 184 - SURGICAL ASSISTANTS › Section 184.17 - Disciplinary Guidelines

Current through Reg. 49, No. 28; July 12, 2024
(a) Chapter 190
				of this title (relating to Disciplinary Guidelines) shall apply to surgical
				assistants regulated under this chapter to be used as guidelines for the
				following areas as they relate to the denial of licensure or disciplinary
				action of a licensee:
(1) practice
				inconsistent with public health and welfare;
(2) unprofessional and dishonorable
				conduct;
(3) disciplinary actions
				by state boards and peer groups;
(4) repeated and recurring meritorious health
				care liability claims; and
(5)
				aggravating and mitigating factors.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 184 - SURGICAL ASSISTANTS › Section 184.19 - Complaint Procedure Notification

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to §
									206.153 of the Act,
				  §
									178.3
				  of this title (relating to Complaint Procedure Notification) shall govern
				  surgical assistants with regard to methods of notification for filing
				  complaints with the agency. If the provisions of §
									178.3
				  of this title conflict with the Act or rules under this chapter, the Act and
				  provisions of this chapter shall control.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 184 - SURGICAL ASSISTANTS › Section 184.20 - Investigations

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Confidentiality. All complaints, adverse reports, investigation files, other
				investigation reports, and other investigative information in the possession
				of, or received, or gathered by the board or its employees or agents relating
				to a licensee, an application for license, or a criminal investigation or
				proceeding are privileged and confidential and are not subject to discovery,
				subpoena, or other means of legal compulsion for their release to anyone other
				than the board or its employees or agents involved in licensee
				discipline.
(b) Permitted
				disclosure of investigative information. Investigative information in the
				possession of the board or its employees or agents that relates to discipline
				of a licensee and information contained in such files may not be disclosed
				except in the following circumstances:
(1) to
				the appropriate licensing or regulatory authorities in other states or the
				District of Columbia or a territory or country where the surgical assistant is
				licensed, registered, or certified or has applied for a license or to a peer
				review committee reviewing an application for privileges or the qualifications
				of the licensee with respect to retaining privileges;
(2) to appropriate law enforcement agencies
				if the investigative information indicates a crime may have been committed and
				the board shall cooperate with and assist all law enforcement agencies
				conducting criminal investigations of licensees by providing information
				relevant to the criminal investigation to the investigating agency and any
				information disclosed by the board to an investigative agency shall remain
				confidential and shall not be disclosed by the investigating agency except as
				necessary to further the investigation;
(3) to a health-care entity upon receipt of
				written request. Disclosures by the board to a health-care entity shall include
				only information about a complaint filed against a surgical assistant that was
				resolved after investigation by a disciplinary order of the board or by an
				agreed settlement, and the basis and current status of any complaint under
				active investigation that has been referred by the executive director or the
				director's designee for legal action; and
(4) to other persons if required during the
				investigation.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 184 - SURGICAL ASSISTANTS › Section 184.21 - Impaired Surgical Assistants

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Mental or physical examination requirement. The board may require a licensee to
				submit to a mental and/or physical examination by a physician or physicians
				designated by the board if the board has probable cause to believe that the
				licensee is impaired. Impairment is present if one appears to be unable to
				practice with reasonable skill and safety to patients by reason of age,
				illness, drunkenness, excessive use of drugs, narcotics, chemicals, or any
				other type of material; or as a result of any mental or physical condition.
				Probable cause may include, but is not limited to, any one of the following:
(1) sworn statements from two people, willing
				to testify before the board, medical board, or the State Office of
				Administrative Hearings that a certain licensee is impaired;
(2) a sworn statement from an official
				representative of the Texas Society of Surgical Assistants stating that the
				representative is willing to testify before the board that a certain licensee
				is impaired;
(3) evidence that a
				licensee left a treatment program for alcohol or chemical dependency before
				completion of that program;
(4)
				evidence that a licensee is guilty of intemperate use of drugs or
				alcohol;
(5) evidence of repeated
				arrests of a licensee for intoxication;
(6) evidence of recurring temporary
				commitments of a licensee to a mental institution; or
(7) medical records indicating that a
				licensee has an illness or condition which results in the inability to function
				properly in his or her practice.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 184 - SURGICAL ASSISTANTS › Section 184.22 - Procedure

Current through Reg. 49, No. 28; July 12, 2024
Chapter 187 of this title (relating to Procedural Rules)
				  shall govern procedures relating to surgical assistants where applicable. If
				  the provisions of Chapter 187 conflict with the Act or rules under this
				  chapter, the Act and provisions of this chapter shall
				  control.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 184 - SURGICAL ASSISTANTS › Section 184.23 - Compliance

Current through Reg. 49, No. 28; July 12, 2024
Chapter 189 of this title (relating to Compliance) shall be
				  applied to surgical assistants who are under board orders. If the provisions of
				  Chapter 189 conflict with the Act or rules under this chapter, the Act and
				  provisions of this chapter shall control.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 184 - SURGICAL ASSISTANTS › Section 184.24 - Construction

Current through Reg. 49, No. 28; July 12, 2024
The provisions of this chapter shall be construed and
				  interpreted so as to be consistent with the statutory provisions of the Act and
				  the Medical Practice Act. In the event of a conflict between this chapter and
				  the provisions of the Acts, the provisions of the Acts shall control; however,
				  this chapter shall be construed so that all other provisions of this chapter
				  which are not in conflict with the Acts shall remain in
				  effect.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 184 - SURGICAL ASSISTANTS › Section 184.25 - Continuing Education

Current through Reg. 49, No. 28; July 12, 2024
(a) As a
				prerequisite to the registration of a surgical assistant's license, 36 hours of
				continuing education (CE) in surgical assisting or in courses that enhance the
				practice of surgical assisting are required to be completed every 24 months in
				the following categories:
(1) at least 18 of
				the hours are to be from formal courses that are:
(A) designated for AMA/PRA Category I credit
				by a CE sponsor accredited by the Accreditation Council for Continuing Medical
				Education;
(B) approved for
				prescribed credit by the Association of Surgical Technologists/ Association of
				Surgical Assistants, the American Board of Surgical Assistants, or the National
				Surgical Assistants Association;
(C) approved by the Texas Medical Association
				based on standards established by the AMA; or
(D) designated for AOA Category 1-A credit
				approved by the American Osteopathic Association.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 184 - SURGICAL ASSISTANTS › Section 184.26 - Voluntary Relinquishment or Surrender of a License

Current through Reg. 49, No. 28; July 12, 2024
Chapter 196 of this title (relating to Voluntary
				  Relinquishment or Surrender of a Medical License) shall govern procedures
				  relating to surgical assistants where applicable. If the provisions of Chapter
				  196 of this title conflict with the Surgical Assistant Act or rules under this
				  chapter, the Surgical Assistant Act and provisions of this chapter shall
				  control.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 185 - PHYSICIAN ASSISTANTS › Section 185.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) These rules are
				promulgated under the authority of the Medical Practice Act, Title 3, Subtitle
				B, Texas Occupations Code and the Physician Assistant Licensing Act, Chapter
				204, Texas Occupations Code, to establish procedures and standards for the
				training, education, licensing, and discipline of persons performing as a
				physician assistant in this State so as to establish an orderly system of
				regulating the practice of a physician assistant in a manner that protects the
				health, safety, and welfare of the public.
(b) The functions of the physician assistant
				board include but are not limited to the following:
(1) Establish standards for the practice of a
				physician assistant.
(2) Regulate
				the practice of a physician assistant through the licensure and discipline of
				physician assistants.
(3) Interpret
				the Physician Assistant Licensing Act and the physician assistant board Rules
				to ensure that physician assistants, other allied health professionals, and
				consumers are properly informed.
(4) Receive complaints and investigate
				possible violations of the Physician Assistant Licensing Act and the physician
				assistant board Rules.
(5)
				Discipline violators through appropriate legal action to enforce the Physician
				Assistant Licensing Act and the physician assistant board Rules.
(6) Provide a mechanism for public comment
				with regard to the Physician Assistant Licensing Act and the physician
				assistant board Rules.
(7) Review
				and modify the physician assistant board Rules when necessary and
				appropriate.
(8) Examine and
				license qualified applicants to practice as a physician assistant in Texas in a
				manner that ensures that applicable standards are maintained.
(9) Provide recommendations to the
				legislature concerning appropriate changes to the Physician Assistant Licensing
				Act to ensure that the acts are current and applicable to changing needs and
				practices.
(10) Provide public
				information on licensees.
(11)
				Maintain data concerning the practice of a physician assistant.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 185 - PHYSICIAN ASSISTANTS › Section 185.5 - Relicensure

Current through Reg. 49, No. 28; July 12, 2024
If a physician assistant's license has been expired for one
				  year, it is considered to have been canceled, unless an investigation is
				  pending. The physician assistant may obtain a new license by complying with the
				  requirements and procedures for obtaining an original
				  license.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 185 - PHYSICIAN ASSISTANTS › Section 185.6 - Biennial Renewal of License

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Physician assistants licensed under the Physician Assistant Licensing Act shall
				register biennially and pay a fee. A physician assistant may, on notification
				from the board, renew an unexpired license by submitting the required form and
				documents and by paying the required renewal fee to the board on or before the
				expiration date of the permit. The fee shall accompany the required form which
				legibly sets forth the licensee's name, mailing address, business address, and
				other necessary information prescribed by the board.
(b) Continuing Medical Education. As a
				prerequisite to the biennial registration of a physician assistant's license,
				40 hours of continuing medical education (CME) are required to be completed.
(1) At least 20 hours are to be from formal
				courses:
(A) that are designated for Category
				I credit by a CME sponsor approved by the American Academy of Physician
				Assistants; or
(B) approved by the
				board for course credit.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 185 - PHYSICIAN ASSISTANTS › Section 185.7 - Temporary License

Current through Reg. 49, No. 28; July 12, 2024
(a) The board, or
				its designee may issue a temporary license to an applicant who:
(1) meets all the qualifications for a
				license under the Act but is waiting for the next scheduled meeting of the
				board for the license to be issued;
(2) seeks to temporarily substitute for a
				licensed physician assistant during the licensee's absence, if the applicant:
(A) is licensed or registered in good
				standing in another state, territory, or the District of Columbia;
(B) submits an application on a form
				prescribed by the board; and
(C)
				pays the appropriate fee prescribed by the board;
(3) has graduated from an educational program
				for physician assistants accredited by the Accreditation Review Commission for
				the Education of Physician Assistants (ARC-PA) or by the committee's
				predecessor or successor entities no later than six months previous to the
				application for temporary licensure and is waiting for examination results from
				the National Commission on Certification of Physician Assistants; or
(4) has not, on a full-time basis, actively
				practiced as a physician assistant, as defined under §
										185.4(c)
				of this title (relating to Procedural Rules for Licensure Applicants), but
				meets guidelines set by the physician assistant board including, but not
				limited to, length of time out of active practice as a physician assistant and
				duration of temporary licenses.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 185 - PHYSICIAN ASSISTANTS › Section 185.8 - Inactive License

Current through Reg. 49, No. 28; July 12, 2024
(a) A license
				holder may have the license holder's license placed on inactive status by
				applying to the board. A physician assistant with an inactive license is
				excused from paying renewal fees on the license and may not practice as a
				physician assistant in Texas.
(b)
				In order for a license holder to be placed on inactive status, the license
				holder must have a current registration permit and have a license in good
				standing.
(c) A license holder who
				practices as a physician assistant in Texas while on inactive status is
				considered to be practicing without a license.
(d) A physician assistant may return to
				active status by:
(1) applying to the board,
				paying an application fee equal to an application fee for a physician assistant
				license;
(2) complying with the
				requirements for license renewal under the Act;
(3) providing current verifications from each
				state in which the physician assistant holds a license;
(4) demonstrating current certification by
				NCCPA;
(5) completing a fingerprint
				card and returning the card to the board as part of the application;
(6) submitting a report from the National
				Practitioner Data Bank/Health Integrity and Protection Data Bank (NPDB-HIPDB)
				by contacting the NPDB-HIPDB and having a report of action submitted directly
				to the board on the applicant's behalf; and
(7) submitting professional evaluations from
				each employment held after the license was placed on inactive status, and
				complying with subsection (e) of this section.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 185 - PHYSICIAN ASSISTANTS › Section 185.9 - Reissuance of License Following Revocation

Current through Reg. 49, No. 28; July 12, 2024
(a) The applicant must complete in every
				detail the application for reissuance of a license following revocation
				including payment of the required application fee.
(b) The applicant must appear before the
				board to state the reasons for the request for reissuance of license.
(c) Application for reissuance of a license
				following revocation cannot be considered more often than annually.
(d) Reissuance of a license following
				revocation shall be at the discretion of the board upon a showing by the
				applicant that reissuance is in the best interest of the public.
(e) A person may not apply for reissuance of
				a license that was revoked before the first anniversary date on which the
				revocation became effective.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 185 - PHYSICIAN ASSISTANTS › Section 185.10 - Physician Assistant Scope of Practice

Current through Reg. 49, No. 28; July 12, 2024
The physician assistant shall provide, within the education,
				  training, and experience of the physician assistant, medical services that are
				  delegated by the supervising physician. The activities listed in paragraphs (1)
				  - (10) of this section may be performed in any place authorized by a
				  supervising physician, including, but not limited to a clinic, hospital,
				  ambulatory surgical center, patient home, nursing home, or other institutional
				  setting. Medical services provided by a physician assistant may include, but
				  are not limited to:
(1) obtaining
				patient histories and performing physical examinations;
(2) ordering and/or performing diagnostic and
				therapeutic procedures;
(3)
				formulating a working diagnosis;
(4) developing and implementing a treatment
				plan;
(5) monitoring the
				effectiveness of therapeutic interventions;
(6) assisting at surgery;
(7) offering counseling and education to meet
				patient needs;
(8) requesting,
				receiving, and signing for the receipt of pharmaceutical sample prescription
				medications and distributing the samples to patients in a specific practice
				setting where the physician assistant is authorized to prescribe pharmaceutical
				medications or order a drug or device, as provided by the Medical Practice Act,
				Chapter 157, and its subsequent amendments, or as otherwise authorized by this
				Act or board rule;
(9) prescribing
				or ordering a drug or device as provided by the Medical Practice Act, Chapter
				157; and
(10) making appropriate
				referrals.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 185 - PHYSICIAN ASSISTANTS › Section 185.11 - Tasks Not Permitted to be Delegated to a Physician Assistant

Current through Reg. 49, No. 28; July 12, 2024
Except as permitted by the Medical Practice Act, Chapter 157,
				  the supervising physician shall not allow a physician assistant to prescribe or
				  supply medication.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 185 - PHYSICIAN ASSISTANTS › Section 185.12 - Identification Requirements

Current through Reg. 49, No. 28; July 12, 2024
A physician assistant licensed by the board shall keep the
				  physician assistant's Texas license available for inspection at the physician
				  assistant's primary place of business and shall, when engaged in professional
				  activities, wear a name tag identifying the physician assistant as a physician
				  assistant.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 185 - PHYSICIAN ASSISTANTS › Section 185.13 - Notification of Intent to Practice and Supervise

Current through Reg. 49, No. 28; July 12, 2024
(a) A physician assistant licensed under the
				Act must, before beginning practice or upon changing practice, submit
				notification of the license holder's intent to begin practice. Notification
				under this section must include:
(1) the
				name, business address, Texas physician assistant license number, and telephone
				number of the physician assistant; and
(2) the name, business address, Texas medical
				license number, and telephone number of the supervising physician.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 185 - PHYSICIAN ASSISTANTS › Section 185.14 - Physician Supervision

Current through Reg. 49, No. 28; July 12, 2024
(a) Supervision
				shall be continuous, but shall not be construed as necessarily requiring the
				constant physical presence of the supervising physician at a place where
				physician assistant services are performed while the services are performed.
				Telecommunication shall always be available.
(b) It is the obligation of each physician
				and physician assistant to ensure that:
(1)
				the physician assistant's scope of practice is identified;
(2) delegation of medical tasks is
				appropriate to the physician assistant's level of competence;
(3) the methods of access to and
				communicating with the supervising physician is defined;
(4) a process for evaluation of the physician
				assistant's performance is established; and
(5) the physician assistant is licensed to
				practice and has a current registration permit. The physician assistant must
				immediately notify his or her supervising physician(s) of any change in
				licensure status, including, but not limited to: permit expiration, license
				cancellation, or entry of a disciplinary order.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 185 - PHYSICIAN ASSISTANTS › Section 185.15 - Supervising Physician

Current through Reg. 49, No. 28; July 12, 2024
(a) A physician
				assistant may only be supervised by a physician who:
(1) is currently licensed as a physician in
				this state by the medical board. The license must be unrestricted and
				active;
(2) has notified the board
				of the physician's intent to supervise a physician assistant; and
(3) has submitted a statement to the board
				that the physician will:
(A) supervise the
				physician assistant according to rules adopted by the board; and
(B) retain professional and legal
				responsibility for the care rendered by the physician assistant.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 185 - PHYSICIAN ASSISTANTS › Section 185.18 - Discipline of Physician Assistants

Current through Reg. 49, No. 28; July 12, 2024
(a)
				The board, upon finding a physician assistant has committed any of the acts set
				forth in §
									185.17
				of this title (relating to Grounds for Denial of Licensure and for Disciplinary
				Action), may enter an order imposing one or more of the allowable actions set
				forth under §204.301 of the Act.
(b) Disciplinary Guidelines.
(1) Chapter 190 of this title (relating to
				Disciplinary Guidelines) shall apply to physician assistants regulated under
				this chapter to be used as guidelines for the following areas as they relate to
				the denial of licensure or disciplinary action of a licensee:
(A) practice inconsistent with public health
				and welfare;
(B) unprofessional and
				dishonorable conduct;
(C)
				disciplinary actions by state boards and peer groups;
(D) repeated and recurring meritorious health
				care liability claims;
(E)
				aggravating and mitigating factors; and
(F) criminal convictions.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 185 - PHYSICIAN ASSISTANTS › Section 185.19 - Administrative Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to
				§ 204.351 of the Act, the board by order may impose an administrative
				penalty, in accordance with §§
									187.75-
				187.82
				of this title (relating to the Imposition of Administrative Penalty), against a
				person licensed or regulated under the Act who violates the Act or a rule or
				order adopted under the Act. The imposition of such a penalty shall be
				consistent with the requirements of the Act.
(b) The penalty for a violation may be in an
				amount not to exceed $5,000. Each day a violation continues or occurs is a
				separate violation for purposes of imposing a penalty.
(c) The amount of the penalty shall be based
				on factors set forth under § 204.351(c) of the Act, and Chapter 190 of
				this title (relating to Disciplinary Guidelines).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 185 - PHYSICIAN ASSISTANTS › Section 185.20 - Complaints

Current through Reg. 49, No. 28; July 12, 2024
Chapter 178 of this title (relating to Complaints) shall
				  govern physician assistants with regard to procedures for the initiation,
				  filing and appeals of complaints and methods of notification for filing
				  complaints with the agency. If the provisions of Chapter 178 conflict with the
				  Act or rules under this chapter, the Act and provisions of this chapter shall
				  control.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 185 - PHYSICIAN ASSISTANTS › Section 185.21 - Investigations

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Confidentiality. All complaints, adverse reports, investigation files, other
				investigation reports, and other investigative information in the possession
				of, or received, or gathered by the board or its employees or agents relating
				to a licensee, an application for license, or a criminal investigation or
				proceeding are privileged and confidential and are not subject to discovery,
				subpoena, or other means of legal compulsion for their release to anyone other
				than the board or its employees or agents involved in licensee
				discipline.
(b) Patient identity.
				In any disciplinary investigation or proceeding regarding a physician assistant
				conducted under or pursuant to the Act, the board shall protect the identity of
				any patient whose medical records are examined and utilized in a public
				proceeding except for those patients who testify in the public proceeding or
				who submit a written release in regard to their records or identity.
(c) Permitted disclosure of investigative
				information. Investigative information in the possession of the board or its
				employees or agents which relates to licensee discipline and information
				contained in such files may not be disclosed except in the following
				circumstances:
(1) to the appropriate
				licensing or regulatory authorities in other states or the District of Columbia
				or a territory or country where the physician assistant is licensed,
				registered, or certified or has applied for a license or to a peer review
				committee reviewing an application for privileges or the qualifications of the
				licensee with respect to retaining privileges;
(2) to appropriate law enforcement agencies
				if the investigative information indicates a crime may have been committed and
				the board shall cooperate with and assist all law enforcement agencies
				conducting criminal investigations of licensees by providing information
				relevant to the criminal investigation to the investigating agency and any
				information disclosed by the board to an investigative agency shall remain
				confidential and shall not be disclosed by the investigating agency except as
				necessary to further the investigation;
(3) to a health-care entity upon receipt of
				written request. Disclosures by the board to a health-care entity shall include
				only information about a complaint filed against a physician assistant that was
				resolved after investigation by a disciplinary order of the board or by an
				agreed settlement, and the basis and current status of any complaint under
				active investigation; and
(4) to
				other persons if required during the investigation.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 185 - PHYSICIAN ASSISTANTS › Section 185.23 - Third Party Reports to the Board

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Any medical peer review committee in this state, any physician assistant
				licensed to practice in this state, any physician assistant student, or any
				physician licensed to practice medicine or otherwise lawfully practicing
				medicine in this state shall report relevant information to the board related
				to the acts of any physician assistant in this state if, in the opinion of the
				medical peer review committee, physician assistant, physician assistant
				student, or a physician, a physician assistant poses a continuing threat to the
				public welfare through his practice as a physician assistant. The duty to
				report under this section shall not be nullified through contract.
(b) Professional Review Actions. A written
				report of a professional review action taken by a peer review committee or a
				health-care entity provided to the board must contain the results and
				circumstances of the professional review action. Such results and circumstances
				shall include:
(1) the specific basis for the
				professional review action, whether or not such action was directly related to
				the care of individual patients; and
(2) the specific limitations imposed upon the
				physician assistant's clinical privileges, upon membership in the professional
				society or association, and the duration of such limitations.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 185 - PHYSICIAN ASSISTANTS › Section 185.24 - Procedure

Current through Reg. 49, No. 28; July 12, 2024
Chapter 187 of this title (relating to Procedural Rules)
				  shall govern procedures relating to physician assistants where applicable. If
				  the provisions of Chapter 187 conflict with the Act or rules under this
				  chapter, the Act and provisions of this chapter shall
				  control.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 185 - PHYSICIAN ASSISTANTS › Section 185.25 - Compliance

Current through Reg. 49, No. 28; July 12, 2024
Chapter 189 of this title (relating to Compliance) shall be
				  applied to physician assistants who are under board orders. If the provisions
				  of Chapter 189 conflict with the Act or rules under this chapter, the Act and
				  provisions of this chapter shall control.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 185 - PHYSICIAN ASSISTANTS › Section 185.26 - Voluntary Relinquishment or Surrender of Physician Assistant License

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to § 204.315 of the Act, the Board may accept
				  the voluntary relinquishment or surrender of a physician assistant license.
				  Chapter 196 of this title (relating to Voluntary Relinquishment or Surrender of
				  a Medical License) shall govern the voluntary relinquishment or surrender of a
				  physician assistant license in a similar manner as that chapter applies to a
				  medical license. Section
				  185.4
				  of this title (relating to Procedural Rules for Licensure Applicants) shall
				  govern reapplication after a voluntary relinquishment or
				  surrender.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 185 - PHYSICIAN ASSISTANTS › Section 185.27 - Duty to Report Certain Conduct to the Board

Current through Reg. 49, No. 28; July 12, 2024
A physician assistant shall report the following to the Board
				  within 30 days after the event:
(1)
				Any change of address;
(2)
				Incarceration in a state or federal penitentiary;
(3) An initial conviction, final conviction,
				or placement on deferred adjudication, community supervision, or deferred
				disposition for:
(A) a felony;
(B) a misdemeanor that directly relates to
				the duties and responsibilities of a physician assistant licensed by the
				board;
(C) a misdemeanor involving
				moral turpitude;
(D) a misdemeanor
				under Chapter 22, Penal Code (relating to assaultive offenses), other than a
				misdemeanor punishable by fine only;
(E) a misdemeanor on conviction of which a
				defendant is required to register as a sex offender under Chapter 62, Code of
				Criminal Procedure;
(F) a
				misdemeanor under §
										25.07,
				Penal Code (relating to the violation of a protective order or a magistrate's
				order); or
(G) a misdemeanor under
				§
										25.071,
				Penal Code (relating to the violation of a protective order preventing offenses
				caused by bias or prejudice); or
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 185 - PHYSICIAN ASSISTANTS › Section 185.28 - Retired License

Current through Reg. 49, No. 28; July 12, 2024
The registration fee shall not apply to retired physician
				  assistants.
(1) To become exempt from
				the registration fee due to retirement:
(A)
				the physician assistant's current license must not be under an investigation or
				order with the board or otherwise have a restricted license; and
(B) the physician assistant 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 185 - PHYSICIAN ASSISTANTS › Section 185.29 - Report of Impairment on Registration Form

Current through Reg. 49, No. 28; July 12, 2024
(a) A physician assistant who reports an
				impairment that affects his or her ability to actively practice as a physician
				assistant as defined by §
									185.4(d)
				of this title (relating to Procedural Rules for Licensure Applicants) shall be
				given written notice of the following:
(1)
				based on the physician assistant's impairment, he or she may request:
(A) to be placed on retired status pursuant
				to §
											185.28
				of this title (relating to Retired License);
(B) to have the physician assistant's license
				converted to inactive status as defined under §
											185.8
				of this title (relating to Inactive License) if the physician assistant's
				impairment is solely physical;
(C)
				to voluntarily surrender the physician assistant's license pursuant to §
											185.26
				of this title (relating to Voluntary Relinquishment or Surrender of Physician
				Assistant 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 185 - PHYSICIAN ASSISTANTS › Section 185.30 - Prescriptive Authority Agreements Generally

Current through Reg. 49, No. 28; July 12, 2024
(a) A physician may delegate to a physician
				assistant, acting under adequate physician supervision, the act of prescribing
				or ordering a drug or device as authorized through a prescriptive authority
				agreement between the physician and the physician assistant.
(b) A physician and a physician assistant are
				eligible to enter into or be parties to a prescriptive authority agreement only
				if:
(1) the physician assistant holds an
				active license to practice in this state as a physician assistant and is in
				good standing in this state;
(2)
				the physician assistant is not currently prohibited by the board from executing
				a prescriptive authority agreement; and
(3) before executing the prescriptive
				authority agreement, the physician and the physician assistant disclose to the
				other prospective party to the agreement any prior disciplinary action by the
				Texas Medical Board or the board.