Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 172 - TEMPORARY AND LIMITED LICENSES › Subchapter A - GENERAL PROVISIONS AND DEFINITIONS › Section 172.2 - Construction and Definitions

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless
				  otherwise indicated, temporary license holders under this chapter shall be
				  subject to the duties, limitations, disciplinary actions, rehabilitation order
				  provisions, and procedures applicable to licensees in the Medical Practice Act
				  and board rules. Temporary license holders under this chapter shall also be
				  subject to the limitations and restrictions elaborated in this
				  chapter.
(b) Temporary and limited
				  license holders under this chapter shall cooperate with the board and board
				  staff involved in investigation, review, or monitoring associated with the
				  license holder's practice of medicine. Such cooperation shall include, but not
				  be limited to, written response to the board or board staff written inquiry
				  within 14 days of receipt of such inquiry.
(c) In accordance with the Medical Practice
				  Act, the board shall retain jurisdiction to discipline a temporary or limited
				  license holder whose license has been terminated, canceled, and/or expired if
				  the license holder violated the Medical Practice Act or board rules during the
				  time the license was valid.
(d) The
				  issuance of a temporary or limited license shall not be construed to obligate
				  the board to issue subsequent permits or licenses. The board reserves the right
				  to investigate, deny a permit, temporary or limited license, or full licensure,
				  and/or discipline a physician regardless of when the information was received
				  by the board.
(e) Nothing in this
				  chapter shall be construed to prevent the board from issuing temporary or
				  limited licenses to those physicians awaiting full licensure pursuant to §
										172.11
				  of this title (relating to Temporary Licensure--Regular) or to those licensees
				  who qualify for CME temporary licenses pursuant to §
										166.2(k)
				  of this title (relating to CME temporary licenses).
(f) All applicants for temporary or limited
				  licenses whose applications have been filed with the board in excess of one
				  year will be considered expired.
(1) If the
				  Executive Director determines that the applicant clearly meets all requirements
				  for the temporary or limited license, the Executive Director or a person
				  designated by the Executive Director, may issue a license to the applicant, to
				  be effective on the date of issuance without formal board approval, as
				  authorized by § 155.002(b) of the Act.
(2) If the Executive Director determines that
				  the applicant does not clearly meet all requirements for a temporary or limited
				  license, a license may be issued only upon action by the board following a
				  recommendation by the Licensure Committee, in accordance with § 155.007 of
				  the Act (relating to Application Process) and §
											187.13
				  of this title (relating to Informal Board Proceedings Relating to Licensure
				  Eligibility).
(3) If the Executive
				  Director determines that the applicant is ineligible for a temporary or limited
				  for one or more reasons that are not subject to exception by statute or rule,
				  the applicant may appeal that decision to the Licensure Committee before
				  completing other licensure requirements for a determination by the Committee
				  solely regarding issues raised by the determination of ineligibility. If the
				  Committee overrules the determination of the Executive Director, the applicant
				  may then provide additional information to complete the application, which must
				  be analyzed by board staff and approved before a license may be
				  issued.