reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 177 - BUSINESS ORGANIZATIONS AND AGREEMENTS › Subchapter B - NON-PROFIT HEALTH ORGANIZATIONS › Section 177.2 - Initial Certification of 162.001(b) Health Organizations

Current through Reg. 49, No. 28; July 12, 2024
Any health organization meeting the qualifications
					 specified in §
										177.3
					 of this title (relating to Qualifications for Certification as a 162.001(b)
					 Health Organization) may seek certification by the board under the Act, §
					 162.001(b), by the submission of an application as provided in §
										177.4
					 of this title (relating to Applications for Certification as a 162.001(b)
					 Health Organization).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 177 - BUSINESS ORGANIZATIONS AND AGREEMENTS › Subchapter B - NON-PROFIT HEALTH ORGANIZATIONS › Section 177.3 - Qualifications for Certification as a 162.001(b) Health Organization

Current through Reg. 49, No. 28; July 12, 2024
A 162.001(b) health organization meeting the following
					 qualifications shall be certified by the board:
(1) the health organization is formed solely
				  by persons licensed by the board;
(2) the health organization is a non-profit
				  corporation registered in Texas as a domestic corporation under the provisions
				  of Bus. Org. Code Chapter 22;
(3)
				  the board of directors of the health organization consists solely of persons
				  licensed by the board and actively engaged in the practice of medicine without
				  restrictions on their Texas medical licenses;
(4) the health organization is not
				  established or organized or operated in contravention to or with the intent to
				  circumvent any of the provisions of the Act; and
(5) the health organization makes
				  application, submits reports, pays fees and otherwise complies with the
				  provisions of this chapter.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 177 - BUSINESS ORGANIZATIONS AND AGREEMENTS › Subchapter B - NON-PROFIT HEALTH ORGANIZATIONS › Section 177.4 - Applications for Certification as a 162.001(b) Health Organization

Current through Reg. 49, No. 28; July 12, 2024
A health organization seeking certification under §
					 162.001(b) of the Act shall submit an application to the board, to the
					 attention of the Non-Profits department, on a form approved by the board. The
					 application shall include:
(1) Initial
				  Identification Statement. A statement signed and verified by the chief
				  executive officer:
(A) indicating the name and
				  mailing address of the health organization;
(B) indicating the names and mailing
				  addresses of all members or that there are no members;
(C) indicating the names and mailing
				  addresses of all officers; and
(D)
				  indicating the names and mailing addresses of all directors.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 177 - BUSINESS ORGANIZATIONS AND AGREEMENTS › Subchapter B - NON-PROFIT HEALTH ORGANIZATIONS › Section 177.5 - Special Requirements for 162.001(b) Health Organizations

Current through Reg. 49, No. 28; July 12, 2024
(a) In addition to
				  the general by-law requirements set forth herein for health organizations
				  seeking certification under § 162.001(b) of the Act, any health
				  organization in which a member is either a person who is not a physician
				  actively engaged in the practice of medicine or an entity or organization that
				  is not wholly owned and controlled by physicians actively engaged in the
				  practice of medicine must comply with the following requirement:
(1) All credentialing, quality assurance,
				  utilization review and peer review policies shall be made exclusively by the
				  board of directors; however, following consultation with the board of
				  directors, the member(s) may retain the right to approve, or in the case of a
				  health organization seeking to obtain or maintain tax exempt status the right
				  to make, any financial decision of the health organization including, but not
				  limited to, decisions regarding capital and operating budgets, physician
				  compensation and benefits, expenditures of monies, and managed care contracts
				  in which the health organization is at financial risk, the substance of which
				  requirements shall be provided for in the by-laws of the health
				  organization.
(2) Subsequent to the
				  appointment of the initial board of directors, a member may not appoint or
				  elect any director without the approval of at least a majority of the board of
				  directors unless required by law including requirements to obtain or maintain
				  tax exemption.
(3) Without the
				  approval of at least a majority of the board of directors, the member may not
				  unilaterally amend the bylaws of the health organization unless required by law
				  including requirements to obtain or maintain tax exemption.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 177 - BUSINESS ORGANIZATIONS AND AGREEMENTS › Subchapter B - NON-PROFIT HEALTH ORGANIZATIONS › Section 177.6 - Biennial Reports for 162.001(b) Health Organizations

Current through Reg. 49, No. 28; July 12, 2024
Each health organization certified under the Act, §
					 162.001(b), shall file with the board a biennial report in September of each
					 odd numbered year if certified in an odd numbered year, and in September of
					 each even numbered year if certified in an even numbered year, and the biennial
					 report shall include:
(1) Biennial
				  Identification Statement. A statement signed and verified by the chief
				  executive officer:
(A) indicating the name and
				  mailing address of the health organization;
(B) indicating the names and mailing
				  addresses of all members or that there are no members;
(C) indicating the names and mailing
				  addresses of all officers;
(D)
				  indicating the names and mailing addresses of all directors; and
(E) disclosing any changes in the composition
				  of the board of directors since the last biennial report.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 177 - BUSINESS ORGANIZATIONS AND AGREEMENTS › Subchapter B - NON-PROFIT HEALTH ORGANIZATIONS › Section 177.7 - Establishment of Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Fees
				  established pursuant to §
										153.011
				  and §
										153.051 of the Act
				  relating to initial certification, recertification, and late applications for
				  recertification are set forth under Chapter 175 of this title (relating to
				  Fees, Penalties, and Applications).
(b) In addition to all other requirements for
				  continued certification under the Act, § 162.001(b), if the health
				  organization is more than 30 days late in submitting their completed biennial
				  report and biennial fee as specified in §
										177.6
				  of this title (relating to Biennial Reports for 162.001(b) Health
				  Organizations), the health organization will be required to pay a late fee
				  penalty at the time of submission of their late biennial report in addition to
				  the biennial fee in the form of a check or money order payable to the
				  board.
(c) Fees shall not be
				  refundable.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 177 - BUSINESS ORGANIZATIONS AND AGREEMENTS › Subchapter B - NON-PROFIT HEALTH ORGANIZATIONS › Section 177.8 - Failure to Submit Reports or Fees for 162.001(b) Health Organizations

Current through Reg. 49, No. 28; July 12, 2024
(a) The failure of
				  a health organization seeking certification under the Act, § 162.001(b),
				  and the Rules to submit any required fee shall be grounds for the board to stop
				  the processing of the application for certification and to deny the
				  application.
(b) The failure of a
				  health organization which is certified under the Act, § 162.001(b), and
				  the Rules to timely submit an accurate biennial report along with any required
				  fee within 90 days of its due date may result in decertification at the next
				  board meeting of the board.
(c) If
				  a health organization has been decertified, it will be required to submit a new
				  application for certification as a nonprofit health organization under §
				  162.001(b) of the Act and applicable fee with the application for
				  certification.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 177 - BUSINESS ORGANIZATIONS AND AGREEMENTS › Subchapter B - NON-PROFIT HEALTH ORGANIZATIONS › Section 177.9 - Migrant, Community or Homeless Health Centers

Current through Reg. 49, No. 28; July 12, 2024
(a) Section 162.001(c), non-profit health
				  organizations. Migrant, community, or homeless health centers organized and
				  operated under the authority of and in compliance with
				  42 U.S.C. §
											254b or §
										254c,
				  or federally qualified health centers under
				  42 U.S.C. §
											1396(d)(1)(2)(B), that are
				  non-profit corporations under Bus. Org. Code, Chapter 22, and the Internal
				  Revenue Code, § 501(c)(3), and who wish to obtain approval and
				  certification to contract with and employ physicians pursuant to the Medical
				  Practice Act, §
										162.001(c),
				  Texas Occupations Code Annotated, Title 3 Subtitle B, may do so by submitting
				  an application on a form approved by the board to the permits department of the
				  board with the following attached documentation:
(1) a copy of the certificate of
				  incorporation under the Texas Non-Profit Corporation Act;
(2) a copy of documentation verifying that a
				  determination has been made that the organization is tax exempt under the
				  Internal Revenue Code pursuant to § 501(c)(3); and,
(3) a copy of documentation verifying that
				  the organization is organized and operated as a migrant, community, or homeless
				  health center under the authority of and in compliance with
				  42 U.S.C. §
												254b or §
											254c,
				  or is a federally qualified health center under
				  42 U.S.C. §
												1396(d)(1)(2)(B).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 177 - BUSINESS ORGANIZATIONS AND AGREEMENTS › Subchapter B - NON-PROFIT HEALTH ORGANIZATIONS › Section 177.10 - Review of Applications and Reports

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Applications for certification and biennial reports under this section shall be
				  initially reviewed by the permits and legal staffs of the board or other
				  designees of the board to determine compliance with the requirements for
				  certification.
(b) If an
				  application for certification is insufficient or there is any other basis for
				  denial, the health organization will be notified in writing that unless it
				  takes corrective action or remedies the insufficiency, the health
				  organization's application will be denied. The health organization shall have
				  60 days from the date of the mailing by the board to submit the corrected
				  application.
(c) If a biennial
				  report is insufficient or there is any other basis for decertification, the
				  health organization will be notified in writing that unless it takes corrective
				  action, the health organization will be recommended for decertification at the
				  next meeting of the board. The health organization shall have 60 days from the
				  date of the mailing by the board to submit the corrected biennial
				  report.
(d) If upon review of the
				  application or biennial report and any supporting documentation, the applying
				  or reporting appears to be in compliance for certification or continued
				  certification, such certification or recertification shall be made upon
				  approval of the board or a committee of the board.
(e) In the event that such compliance cannot
				  be determined or is otherwise in question for any reason including complaints
				  of actions by the health organization in contravention of this section or the
				  Act, including but not limited to failure to provide due process or evidence of
				  undue influence on the practice of medicine, the application or statement and
				  any supporting documentation shall be submitted to the board or a committee of
				  the board for further review, investigation, approval, denial, or
				  decertification.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 177 - BUSINESS ORGANIZATIONS AND AGREEMENTS › Subchapter B - NON-PROFIT HEALTH ORGANIZATIONS › Section 177.11 - Denial of Certification

Current through Reg. 49, No. 28; July 12, 2024
Subject to due process procedures, the board may refuse to
					 certify any health organization making application to the board if in the
					 board's determination the applying health organization is established or
					 organized or operated in contravention to or with the intent to circumvent any
					 of the provisions of the Act.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 177 - BUSINESS ORGANIZATIONS AND AGREEMENTS › Subchapter B - NON-PROFIT HEALTH ORGANIZATIONS › Section 177.12 - Revocation of Certification

Current through Reg. 49, No. 28; July 12, 2024
(a) In the
				  event that the board receives information about a health organization including
				  complaints of actions by the Health Organization in contravention of this
				  chapter or the Act, including but not limited to failure to provide due process
				  or evidence of undue influence on the practice of medicine information, such
				  information shall be referred to the board's investigation
				  department.
(b) Subject to due
				  process procedures, the board may impose an administrative penalty against a
				  health organization under Chapter 165 of the Act or revoke a certification if
				  in the board's determination the health organization is established, organized,
				  or operated in contravention of or with the intent to circumvent any of the
				  provisions of the Act or the board's rules.
(c) Chapter 187 of this title (relating to
				  Procedural Rules) shall govern procedures relating to revocation of
				  certification where applicable. If the provisions of Chapter 187 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 177 - BUSINESS ORGANIZATIONS AND AGREEMENTS › Subchapter B - NON-PROFIT HEALTH ORGANIZATIONS › Section 177.13 - Complaint Procedure Notification

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Method of Notification. For the purpose of directing complaints to the board
				  regarding health-care delivery by licensees of the board practicing through
				  non-profit health organizations certified pursuant to the Medical Practice Act,
				  § 162.001, the non-profit health organizations which are certified or
				  otherwise approved pursuant to the Medical Practice Act, § 162.001(b) and
				  (c), shall provide notification to the public of the name, mailing address, and
				  telephone number of the board by displaying in a prominent location at each
				  site of health-care delivery and readily visible to patients or potential
				  patients, signs in English and Spanish of no less than 8 1/2 inches by 11
				  inches in size with the board-approved notification statement printed alone and
				  in its entirety in black on white background in type no smaller than standard
				  24-point Times Roman print with no alterations, deletions, or additions to the
				  language of the board-approved statement.
(b) Approved English Notification Statement.
				  The following notification statement in English is approved by the board for
				  purposes of these rules:
Attached
					 Graphic
(c)
				  Approved Spanish Notification Statement. The following notification statement
				  in Spanish is approved by the board for purposes of these rules:
Attached
					 Graphic
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 177 - BUSINESS ORGANIZATIONS AND AGREEMENTS › Subchapter C - JOINTLY OWNED ENTITIES › Section 177.14 - Therapeutic Optometrists

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to
				  § 162.051 of the Act, a physician and an optometrist or therapeutic
				  optometrist, may, organize, jointly own, and manage any legal entity, including
				  a partnership, limited partnership, and limited liability company.
(b) The authority of each of the
				  practitioners is limited by the scope of practice of the respective
				  practitioners and none can exercise control over the other's clinical authority
				  granted by their respective licenses, either through agreements, bylaws,
				  directives, financial incentives, or other arrangements that would assert
				  control over treatment decisions made by the practitioner.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 177 - BUSINESS ORGANIZATIONS AND AGREEMENTS › Subchapter C - JOINTLY OWNED ENTITIES › Section 177.15 - Podiatrists

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to
				  §§
										22.056,
				  152.055,
				  and
				  301.012
				  of the Business Organizations Code, a physician and a podiatrist may jointly
				  form and own a health organization corporation, partnership, professional
				  association, or professional limited liability company.
(b) The authority of each of the
				  practitioners is limited by the scope of practice of the respective
				  practitioners and none can exercise control over the other's clinical authority
				  granted by their respective licenses, either through agreements, bylaws,
				  directives, financial incentives, or other arrangements that would assert
				  control over treatment decisions made by the practitioner.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 177 - BUSINESS ORGANIZATIONS AND AGREEMENTS › Subchapter C - JOINTLY OWNED ENTITIES › Section 177.16 - Physician Assistants

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Corporations.
(1) Pursuant to §
											22.0561
				  of the Business Organizations Code, a physician and a physician assistant may
				  form a corporation to perform a professional service that falls within the
				  scope of practice of those practitioners.
(2) A physician assistant may not:
(A) be an officer of the
				  corporation;
(B) contract with or
				  employ a physician to be a supervising physician of the physician assistant or
				  of any physician in the corporation;
(C) direct the activities of a physician in
				  the practice of medicine;
(D)
				  interfere with supervision of physician assistants by a physician owner or
				  supervising physician;
(E) own
				  individually or in combination with other physician assistants more than a
				  minority ownership interest in an entity created under this subsection;
				  or
(F) have an ownership interest
				  that equals or exceeds the ownership interest of any physician owner.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 177 - BUSINESS ORGANIZATIONS AND AGREEMENTS › Subchapter D - EMPLOYMENT OF PHYSICIANS › Section 177.17 - Exceptions to Corporate Practice of Medicine Doctrine

Current through Reg. 49, No. 28; July 12, 2024
(a) Corporate Practice of Medicine Doctrine.
				  The corporate practice of medicine doctrine is a legal doctrine, which
				  generally prohibits corporations, entities or non-physicians from practicing
				  medicine. The prohibition on the corporate practice of medicine is based on
				  numerous provisions of the Medical Practice Act, including §§
				  155.001, 155.003, 157.001, 164.052(a)(8), (13), and 165.156. Section 165.156 of
				  the Medical Practice Act makes it unlawful for any individual, partnership,
				  trust, association or corporation by use of any letters, words, or terms, as an
				  affix on stationery or advertisements or in any other manner, to indicate the
				  individual, partnership, trust, association or corporation is entitled to
				  practice medicine if the individual or entity is not licensed to do
				  so.
(b) Applicability. Upon
				  satisfaction of the requirements of their physician employment enabling statute
				  and to the extent authorized by their enabling statutes, the following entities
				  may employ a physician and retain all or part of the professional income
				  generated by the physician for medical services provided at:
(1) A hospital that primarily provides
				  medical care to children younger than 18 years of age as provided under §
											311.061
				  of the Health and Safety Code, and that:
(A)
				  Is owned or operated by a nonprofit fraternal organization; or
(B) Has a governing body the majority of
				  members of which belong to a nonprofit fraternal organization;
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 177 - BUSINESS ORGANIZATIONS AND AGREEMENTS › Subchapter E - PHYSICIAN CALL COVERAGE MEDICAL SERVICES › Section 177.18 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				  purpose of this subchapter is to set forth minimum requirements relating to a
				  physician's provision of call coverage services for another physician's
				  established patients. In setting forth these rules, the board recognizes that a
				  call coverage model outside of the traditional office setting between
				  physicians who are not of the same specialty and do not provide reciprocal call
				  coverage for each other can provide effective and safe patient care.
(b) Scope. This chapter applies to all
				  physicians providing call coverage in Texas, regardless of the nature and scope
				  of technology being used to provide care to patients through the call coverage
				  relationship.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 177 - BUSINESS ORGANIZATIONS AND AGREEMENTS › Subchapter E - PHYSICIAN CALL COVERAGE MEDICAL SERVICES › Section 177.20 - Call Coverage Minimum Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Physicians may provide medical services
				  through a call coverage agreement (CCA) to established patients of another
				  physician . The CCA may be oral or written.
(b) The covering physician must provide to
				  the patients' primary physician(s) who are parties to the CCA a report about
				  the medical intervention or advice provided. The parties to the CCA can
				  determine the timing and method in which the report is provided and who should
				  receive the report.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 178 - COMPLAINTS › Section 178.1 - General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) Authority.
				Pursuant to the authority granted by the Texas Economic Development Act, Texas
				Tax Code, Title 3, §
									313.024, the
				Economic Development and Tourism Office in the Office of the Governor
				prescribes the following chapter regarding the application, administration, and
				procedure for determining whether projects constitute a Single Unified Project.
(b) Purpose. It is the purpose of
				this chapter to set forth a procedure by which qualifying jobs located in one
				school district may be counted as qualifying jobs in another, as provided for
				in the Texas Economic Development Act, by determining that one or more projects
				constitute a Single Unified Project.
(c) The Single Unified Project designation
				will only be used for the purpose of counting qualified jobs and is not
				intended to allow the combination of project investments to meet statutorily
				defined minimums.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 178 - COMPLAINTS › Section 178.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
(a) "Act" means the
				Texas Economic Development Act, Texas Tax Code, Title 3, Chapter 313 as
				amended.
(b) "Single Unified
				Project" means a project:
(1) consisting of a
				site or a collection of sites located in contiguous school districts;
(2) comprised of separate
				investments that are subject to two or more Chapter 313 Appraised Value
				Limitation Agreements;
(3)
				sufficiently integrated to contribute to the delivery of the same product or
				service;
(4) whose qualifying
				investments are made and managed by members of the same controlled group; and
(5) that has been issued a Single
				Unified Project Certificate by the Office.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 178 - COMPLAINTS › Section 178.3 - Complaint Notification

Current through Reg. 49, No. 28; July 12, 2024
(a) Methods of
				Notification.
(1) Complaints against
				licensees. Pursuant to the Act, for the purpose of directing complaints to the
				board, the board and its licensees shall provide notification to the public of
				the name, mailing address, telephone number and website address of the board by
				one or more of the following methods:
(A)
				displaying in a prominent location at a licensee's place of business, signs in
				English and Spanish of no less than 8 1/2 inches by 11 inches in size with the
				board-approved notification statement printed alone and in its entirety in
				black on white background in type no smaller than standard 24-point Times Roman
				print with no alterations, deletions, or additions to the language of the
				board-approved statement; or
(B) if
				providing telemedicine medical services, by a prominently displayed link on the
				provider website; in a provider app; by recording; or in a bill for services,
				the approved notification statement described in subsections (b) and (c) of
				this section. The notice must be no less than a 10-point easily readable font,
				and with no alterations, deletions, or additions to the language of the
				board-approved statement.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 178 - COMPLAINTS › Section 178.4 - Single Unified Project Determination

Current through Reg. 49, No. 28; July 12, 2024
(a) If
				the Office determines that one or more projects constitute a Single Unified
				Project consistent with the definition in §
									178.2(b)
				of this title, the Office will issue a Single Unified Project Certificate to
				the school district that submitted the application. The Office may also notify
				other included school districts or the company seeking Single Unified Project
				designation of its decision. If the Office determines that a project does not
				meet the criteria established in this chapter, it will issue a letter of
				denial.
(b) An Application for
				Appraised Value Limitation on Qualified Property that includes a request for
				Single Unified Project status, must include the Single Unified Project
				Certificate issued by the Office in order to be considered complete.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 178 - COMPLAINTS › Section 178.5 - Effect of Determination on Qualifying Jobs

Current through Reg. 49, No. 28; July 12, 2024
If a determination is made by the Office under this chapter
				  that one or more projects constitute a Single Unified Project, the number of
				  qualified jobs required by the Act and/or determined by Texas Workforce
				  Commission under the Act, §313.021(3)(F), can be used to satisfy each
				  school district's minimum number of qualified jobs established by the
				  Act.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 178 - COMPLAINTS › Section 178.6 - Complaint Filing

Current through Reg. 49, No. 28; July 12, 2024
(a) If the
				preliminary investigation shows that a complaint is jurisdictional and that
				there is probable cause to justify further investigation, the complaint will be
				filed with the agency and an official investigation shall be
				conducted.
(b) Once a complaint has
				been filed, a priority will be assigned to the complaint as provided in
				Sec.154.056(a)(1) of the Act.
(c)
				Once a complaint is filed, the subject licensee and the complainant will be
				notified of the filing of the complaint.
(d) After a complaint has been filed, the
				complaint will be investigated as provided in Chapter 179 of this title
				(relating to Investigations), to include the appropriate referral to Expert
				Physician Reviewers, as provided in Chapter 182 of this title (relating to Use
				of Experts).
(e) Complaints
				received based on information and facts that have previously been or are
				currently being investigated will not warrant additional
				investigation.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 178 - COMPLAINTS › Section 178.7 - Complaint Resolution

Current through Reg. 49, No. 28; July 12, 2024
(a) After
				sufficient information and evidence has been gathered, a determination will be
				made as to whether the information and evidence gathered indicate that a
				violation of the Act has occurred.
(b) If the information and evidence gathered
				indicate that a violation of the Act has occurred, the investigation will be
				referred for an Informal Show Compliance and Settlement Conference (ISC). This
				hearing must be scheduled not later than the 180th day after the complaint has
				been filed, unless good cause is shown for scheduling the meeting after that
				date. Once the ISC is scheduled, the complaint shall be governed by Chapter 187
				of this title (relating to Procedural Rules).
(c) If the information and evidence gathered
				is insufficient to support that a violation of the Act has occurred, the
				investigation will be referred to a disciplinary committee of the board for
				evaluation. If the disciplinary committee of the board determines there is
				insufficient evidence to support that a violation of the Act has occurred, the
				case will be recommended to the board for the dismissal of the complaint. If
				the board approves the disciplinary committee of the board's recommendation,
				the complaint will be dismissed.
(d) If a complaint is dismissed, a letter
				shall be sent to the complainant explaining the reason for the
				dismissal.
(e) If the complaint is
				dismissed, a letter shall be sent to the address of record of the subject
				licensee informing him of the dismissal. The board may inform the subject
				licensee of any recommendations that may improve the subject licensee's
				practice.
(f) If the complaint is
				determined to be baseless or unfounded, the complaint shall be dismissed and a
				letter shall be sent to the address of record of the subject licensee informing
				him that the complaint was dismissed due to the fact that it was baseless and
				unfounded.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 178 - COMPLAINTS › Section 178.8 - Appeals

Current through Reg. 49, No. 28; July 12, 2024
(a) Initiation.
				Following the receipt of the notice of dismissal of a complaint, the
				complainant may appeal the dismissal to the board. To be considered by the
				board, the appeal must:
(1) be in
				writing;
(2) list the reason(s) for
				the appeal, providing sufficient information to indicate that additional review
				is warranted; and
(3) must be
				received by the Board no later than 90 days after the complainant's receipt of
				notice of the dismissal of the complaint.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 178 - COMPLAINTS › Section 178.9 - Statute of Limitations

Current through Reg. 49, No. 28; July 12, 2024
(a) Standard of
				Care.
(1) The board may not consider or act
				on a complaint involving care provided more than seven years before the date on
				which the complaint is received by the board unless the care was provided to a
				minor. If the care was provided to a minor, the board may not consider or act
				on a complaint involving the care after the later of:
(A) the date the minor is 21 years of age;
				or
(B) the seventh anniversary of
				the date of care.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 179 - INVESTIGATIONS › Section 179.1 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose.
				Pursuant to § 154.056 of the Medical Practice Act, the Board is authorized
				to adopt rules relating to the investigation of complaints filed with the
				Board. The purpose of this chapter is to provide a system of procedures for the
				investigation of jurisdictional complaints that will promote their just and
				efficient disposition.
(b) Scope.
				This chapter shall govern the investigation of all jurisdictional complaints
				before the board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 179 - INVESTIGATIONS › Section 179.2 - 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 indicate
				  otherwise.
(1) Act--Title 3, Subtitle
				B, Chapter 151-165, Tex Occ. Code Ann. for physicians; Title 3, Subtitle C,
				Chapter.204, Tex Occ. Code Ann. for physician assistants; Title 3 Subtitle C,
				Chapter 206, Tex Occ. Code Ann. for surgical assistants; and Title 3, Subtitle
				C, Chapter 205, Tex Occ. Code Ann. for acupuncturists.
(2) Address of record--The mailing address of
				each subject licensee 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--An investigator,
				other agency staff, board member, or agent of the agency.
(5) Baseless or unfounded--Not based on any
				evidence or fact.
(6) Board--The
				appointed members of the Texas Medical Board for physicians and surgical
				assistants, the Texas Physician Assistants Board for physicians assistants, and
				the Board of Acupuncture for acupuncturists.
(7) Complaint--Information provided to the
				board that alleges a violation of the Act.
(8) Complainant--Any person, including a
				partnership, association, corporation, or other entity, who files a complaint
				with the board against a licensee. A complainant may be a patient, a family
				member of a patient, a health care professional, or any other person who has
				information regarding the possible violation of the Act.
(9) Jurisdictional--A matter over which the
				board has the authority to investigate and act upon.
(10) Licensee--A person to whom the board has
				issued a license, permit, certificate, approved registration, or similar form
				of permission authorized by law.
(11) Subject licensee--The licensee against
				whom a complaint is filed.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 179 - INVESTIGATIONS › Section 179.3 - Confidentiality

Current through Reg. 49, No. 28; July 12, 2024
All complaints, adverse reports, investigation files, other
				  investigation reports, and other investigative information in the possession
				  of, received or gathered by the board shall be confidential as provided by the
				  Medical Practice Act ("the Act"), Title 3 Subtitle B Tex. Occ. Code Ann. and no
				  employee, agent, or member of the board may disclose information contained in
				  such files except in the following circumstances:
(1) to the appropriate licensing authorities
				in other states, the District of Columbia, or a territory or country in which
				the physician is licensed or is applying for licensure;
(2) to a peer review committee considering a
				physician's application to obtain or retain privileges;
(3) to appropriate law enforcement agencies
				if the information is relevant to an active criminal investigation or if the
				investigative information indicates a crime may have been committed;
(4) to a health care entity upon receipt of
				written request, if there is a current complaint under active investigation
				that has been assigned by the executive director to a person authorized by the
				board to pursue legal action.
(5)
				to other persons if required during the course of the investigation;
(6) to other regulatory agencies as required
				by law; and
(7) a person who has
				provided a statement may receive a copy of the statement.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 179 - INVESTIGATIONS › Section 179.5 - Investigation of Professional Review Actions

Current through Reg. 49, No. 28; July 12, 2024
A written report of a professional review action taken by a
				  medical peer review committee or a health care entity provided to the board as
				  required by §§ 160.002, 204.208, and 205.304 of the Tex. Occ. Code
				  Ann., 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 such action was directly related to care of individual
				patients; and
(2) the specific
				limitations imposed upon the physician's clinical privileges, or upon the
				physician's 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 179 - INVESTIGATIONS › Section 179.6 - Time Limits

Current through Reg. 49, No. 28; July 12, 2024
(a) Each
				investigation shall be completed before the passage of the 180th day after the
				complaint has been filed and an official investigation opened, unless there is
				good cause as to why the investigation could not be completed within that time.
				Good cause shall include, but shall not be limited to:
(1) the unavailability of pertinent documents
				that the agency has made all reasonable efforts to obtain;
(2) the refusal of the subject licensee to
				cooperate during the course of the investigation;
(3) Extended illness of a board investigator
				or other board employee integral to the completion of the
				investigation;
(4) delinquency in
				reviewing the case and submitting a report by an Expert Physician
				Reviewer;
(5) the necessity of
				additional investigation as determined by the Board's internal Quality
				Assurance Committee or DPRC;
(6)
				additional complaints pending investigation regarding the licensee;
				and
(7) other events beyond the
				control of the agency.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 179 - INVESTIGATIONS › Section 179.7 - Past Complaints

Current through Reg. 49, No. 28; July 12, 2024
Past complaints made against a subject licensee and
				  investigations conducted by the board concerning the subject licensee may be
				  examined during the course of a new investigation concerning the subject
				  licensee to determine if there is a pattern or practice of behavior on the part
				  of the subject licensee.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 179 - INVESTIGATIONS › Section 179.8 - Alcohol and Drug Screening During Investigation for Substance Abuse

Current through Reg. 49, No. 28; July 12, 2024
(a) To protect the
				public, it is important that the board initiate, as soon as possible, a program
				of alcohol and drug screening for any licensee that shows signs of impairment
				based on substance abuse. In addition, an impaired licensee who sincerely
				desires to begin recovery will benefit from a program of alcohol and drug
				screening, because successful compliance with the program will be evidence of
				cooperation with the board as well as evidence of recovery. The board adopts
				this rule to encourage licensees who may be impaired to submit to the Board's
				program of alcohol and drug screening as soon as possible.
(b) If the agency has cause to believe,
				either through a self-report or otherwise, that a licensee has used alcohol or
				drugs in an intemperate manner, the Executive Director may offer the licensee
				the opportunity to participate in the board's program for alcohol and drug
				screening during an investigation.
(c) A licensee who wishes to accept the offer
				must submit an acceptance on a form approved by the Executive Director that, at
				a minimum, includes the agreement that the licensee will:
(1) abstain from the use of alcohol and
				drugs;
(2) submit to, comply with,
				and pay any costs associated with the board's program for alcohol and drug
				screening;
(3) not self-prescribe
				or prescribe for the licensee's immediate family any controlled substance or
				dangerous drug with potential for addiction or abuse or dispense, administer,
				or authorize any such drug except in compliance with the prescription, orders,
				and direction of another physician for legitimate medical purposes;
				and
(4) agree that the licensee's
				compliance or non-compliance with the terms of the agreement and the program of
				alcohol and drug screening may be considered in any disciplinary or
				rehabilitative action by the board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 180 - TEXAS PHYSICIAN HEALTH PROGRAM › Section 180.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to
				Chapter 167 of the Texas Occupations Code, the Board is authorized to adopt
				rules relating to the Texas Physician Health Program.
(b) The purpose of the Texas Physician Health
				Program is to promote the wellness of program participants and to promote the
				treatment of health conditions that may compromise the ability to practice with
				reasonable skill and safety, including mental health issues, substance abuse
				issues, and addiction issues.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 180 - TEXAS PHYSICIAN HEALTH PROGRAM › Section 180.2 - 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) Agency--the Texas
				Medical Board, the Texas Board of Acupuncture Examiners, and advisory boards
				and committees under the authority of the Texas Medical Board,
				collectively.
(2) Agreement--a
				contract entered into between a program participant and the Texas Physician
				Health Program, detailing the terms whereby the program participant shall be
				monitored by the Texas Physician Health Program. Absent waiver of
				confidentiality by the program participant or statutory authority for the
				release of this agreement, the agreement is confidential and shall not be
				shared beyond the TXPHP.
(3)
				Committee--TXPHP Advisory Committee, also referred to as the Physician Health
				and Rehabilitation Advisory Committee under Texas Occupations Code §
				167.004.
(4) Governing board--the
				governing board of the program.
(5)
				License--includes the whole or part of any Agency permit, certificate,
				approval, registration or similar form of permission authorized by
				law.
(6) Medical Board or
				Board--the Texas Medical Board.
(7)
				Medical Director --a physician licensed by the Board who has expertise in a
				field of medicine relating to health issues commonly affecting medical
				practitioners, including substance use disorders, and who provides clinical and
				policy oversight for the Texas Physician Health Program.
(8) PA Board--the Texas Physician Assistant
				Board.
(9) TXPHP or Program--the
				Texas Physician Health Program.
(10) Program participant--a practitioner who
				is licensed, has been licensed, or may become licensed by the Agency and has
				entered into an Agreement with the Texas Physician Health Program.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 180 - TEXAS PHYSICIAN HEALTH PROGRAM › Section 180.3 - Texas Physician Health Program

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Governing Board.
(1) Appointments.
(A) The president of the Medical Board in
				consultation with the presiding chair of the PA Board, and with the advice of
				stakeholders, shall appoint 11 qualified individuals with good professional
				character to serve on the Governing Board of the Program.
(B) The appointees shall include physicians,
				physician assistants, and other related professionals with experience
				addressing health conditions commonly found in the population of monitored
				licensees.
(C) The appointees shall
				include:
(i) six physicians actively licensed
				in Texas who are doctors of medicine (M.D.) and have been in practice for at
				least five years;
(ii) two
				physicians actively licensed in Texas who are doctors of osteopathic medicine
				(D.O.) and have been in practice for at least five years;
(iii) one physician assistant who is actively
				licensed by the PA Board and has been in practice for at least five
				years;
(iv) one other licensed
				mental health professional with appropriate experience; and
(v) one member of the public who meets the
				same requirements as public members of the Medical Board as provided under
				§ 152.003 of the Texas Occupations Code.
(D) Appointees shall serve staggered six-year
				terms and may be reappointed by the Medical Board president after completion of
				a term.
(E) Appointees may not:
(i) serve on a county medical society
				committee on physician health and rehabilitation;
(ii) have patient populations that include
				Program participants.
(F) An appointee may be removed if:
(i) grounds for removal exist under §
				152.006 of the Texas Occupations Code;
(ii) the appointee fails to meet the
				standards of professional conduct under §
												161.3
				of this title (relating to Organization and Structure); or
(iii) the appointee does not otherwise meet
				the requirements of this chapter.
(G) If there is a vacancy on the Governing
				Board, the Medical Board president in consultation with the presiding chair of
				the PA Board and with the advice of stakeholders may appoint a new TXPHP
				Governing Board member.
(H) The
				President of the Governing Board shall be appointed by the Medical Board
				president.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 180 - TEXAS PHYSICIAN HEALTH PROGRAM › Section 180.4 - Operation of Program

Current through Reg. 49, No. 28; July 12, 2024
(a) Referrals.
(1) The program shall accept a self-referral
				from a licensure applicant or licensee, or a referral from an individual, a
				physician health and rehabilitation committee, a physician assistant
				organization, a state physician health program, a state acupuncture program, a
				hospital or hospital system licensed in this state, a residency program, or the
				Agency.
(2) The Agency may publicly
				or privately refer an applicant or licensee to the Program.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 181 - CONTACT LENS PRESCRIPTIONS › Section 181.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
These rules are promulgated under the authority of the
				  Medical Practice Act, Texas Occupations Code Ann., Title 3, Subtitle B, and the
				  Texas Contact Lens Prescription Act, Texas Occupations Code Ann., Title 3,
				  Subtitle F, Chapter 353, to set forth the criteria under which a patient may
				  request and receive a contact lens prescription and under which a physician
				  shall provide such prescription.