reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 168 - CRIMINAL HISTORY EVALUATION LETTERS › Section 168.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this chapter is to provide a process by which
				  an individual may request a criminal history evaluation letter regarding the
				  person's eligibility for a license issued by the Texas Medical Board, the Texas
				  Physician Assistant Board, and the Texas State Board of Acupuncture Examiners,
				  as allowed by §
									53.102
				  of the Texas Occupations Code.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 168 - CRIMINAL HISTORY EVALUATION LETTERS › Section 168.2 - Criminal History Evaluation Letters

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Prior to applying for licensure, an individual seeking licensure may request
				that agency staff review the person's criminal history to determine if the
				person is ineligible for licensure based solely on the person's criminal
				background.
(b) Requestors must
				submit their requests in writing along with appropriate fees as provided in
				§
									175.1
				of this title (relating to Application Fees).
(c) The agency may require additional
				documentation including fingerprint cards before issuing a criminal history
				evaluation letter.
(d) The agency
				shall provide criminal history evaluation letters that include the basis for
				ineligibility if grounds for ineligibility exist to all requestors no later
				than the 90th day after the agency receives all required documentation to allow
				the agency to respond to a request.
(e) If a requestor does not provide all
				requested documentation within one year of submitting the original request, the
				requestor must submit a new request along with appropriate fees.
(f) All evaluations letters shall be based on
				existing law at the time of the request. All requestors remain subject to the
				requirements for licensure at the time of application and may be determined
				ineligible under existing law at the time of application. If a requestor fails
				to provide complete and accurate information to the agency, the agency may
				invalidate the criminal history evaluation letter.
(g) An individual shall be permitted to apply
				for licensure, regardless of the agency's determination in a criminal history
				evaluation letter.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 169 - AUTHORITY OF PHYSICIANS TO SUPPLY DRUGS › Section 169.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this chapter is to provide physicians with
				  guidelines for supplying drugs to their patients as authorized by the Medical
				  Practice Act §§ 157.002, 158.001-.003 ("the Act") Title 3 Subtitle B
				  Tex. Occ. Code Ann. and by the Texas Pharmacy Act Title 3 Subtitle J Tex. Occ.
				  Code Ann.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 169 - AUTHORITY OF PHYSICIANS TO SUPPLY DRUGS › Section 169.3 - Administration of Drugs

Current through Reg. 49, No. 28; July 12, 2024
A physician may personally administer those drugs to his or
				  her patients, which are, in the physician's medical judgment, therapeutically
				  beneficial or necessary for the patient's treatment. A physician may delegate
				  to any qualified and properly trained person the authority to administer drugs.
				  A physician shall comply with all appropriate record keeping requirements
				  applicable to the drugs administered, or shall assure compliance with said
				  record keeping requirements by persons acting under the physician's direction
				  and supervision. A physician may charge a fee for the administration of drugs
				  to a patient that is separate from fees charged for other medical services. The
				  separate fee shall allow the physician to recover the cost of administration,
				  including the cost of the drug itself.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 169 - AUTHORITY OF PHYSICIANS TO SUPPLY DRUGS › Section 169.4 - Providing, Dispensing, or Distributing Drugs

Current through Reg. 49, No. 28; July 12, 2024
Except as otherwise provided in §
									169.5 of
				  this chapter, a physician may provide, dispense, or distribute drugs for use or
				  consumption by the patient away from the physician's office or after the
				  conclusion of the physician-patient encounter only in quantities as are
				  necessary to meet the patient's immediate needs. A physician shall comply
				  personally with all appropriate labeling and record keeping requirements under
				  state or federal law or shall oversee compliance by persons acting under his or
				  her direction and supervision. A physician who provides, dispenses, or
				  distributes drugs to a patient to meet his or her immediate needs may not
				  charge a fee separate from that charged for medical services provided to the
				  patient.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 169 - AUTHORITY OF PHYSICIANS TO SUPPLY DRUGS › Section 169.5 - Exceptions

Current through Reg. 49, No. 28; July 12, 2024
Under the following circumstances, a physician may dispense
				  or distribute drugs in quantities greater than those necessary to meet a
				  patient's immediate needs.
(1) A
				licensed physician who practices medicine in a rural area, as defined in
				Section
				169.2(10)
				of this chapter, may maintain a supply of dangerous drugs in his or her office
				to be dispensed in treating his or her patients and may be reimbursed for the
				cost of supplying those drugs without violating the Texas Pharmacy Act, Title 3
				Subtitle J Tex. Occ. Code Ann. A physician desiring to dispense dangerous drugs
				in compliance with this subsection and §§ 158.001-.003 of the Act,
				shall notify the board and the Texas State Board of Pharmacy that he or she
				practices in a rural area.
(2) If a
				physician believes that a patient's prescribed treatment regimen should include
				certain drugs, the physician may supply them to the patient by means of
				pharmaceutical samples. No charge may be made by a physician for such samples.
				A patient's immediate needs as defined in this chapter shall not affect or
				limit the quantity of pharmaceutical samples a physician may provide to the
				patient.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 169 - AUTHORITY OF PHYSICIANS TO SUPPLY DRUGS › Section 169.6 - Administration or Provision of Drugs in Licensed Facilities

Current through Reg. 49, No. 28; July 12, 2024
A physician may authorize the administration or provision of
				  dangerous drugs to a patient in a facility licensed as a Class D (clinic)
				  pharmacy by the Texas State Board of Pharmacy. However, in such facilities, the
				  physician may delegate to other persons only authority for entering on the
				  label the patient's name, date of provision of the dangerous drug, and the
				  practitioner's name.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 169 - AUTHORITY OF PHYSICIANS TO SUPPLY DRUGS › Section 169.7 - Record Keeping

Current through Reg. 49, No. 28; July 12, 2024
(a) The following
				provisions relate to dangerous drugs.
(1) A
				licensee shall be presumed to have complied with record keeping requirements
				for dangerous drugs (the Texas Health and Safety Code, Chapter 483) received as
				pharmaceutical samples if:
(A) the licensee
				maintains a copy of each signed request form for samples required by the
				Prescription Drug Marketing Act of 1987, Public Law Number 100-293, 102 Statute
				95 (21 United States Code
				503(D) for a period of two
				years from the date of acquisition; and
(B) the licensee makes appropriate entries in
				patients' medical records when a pharmaceutical sample is supplied to a
				patient.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 169 - AUTHORITY OF PHYSICIANS TO SUPPLY DRUGS › Section 169.8 - Policy

Current through Reg. 49, No. 28; July 12, 2024
It is the policy of the board to encourage physicians to
				  issue prescriptions for drugs and remedies, unless supplying the drug is
				  necessary to meet the patient's immediate medical needs and the drug is
				  reasonably unavailable from licensed pharmacies in the existing circumstances,
				  or unless the physician determines that the patient's prescribed treatment
				  regimen requires that pharmaceutical samples should be supplied to the
				  patient.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 170 - PRESCRIPTION OF CONTROLLED SUBSTANCES › Subchapter A - PAIN MANAGEMENT › Section 170.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The treatment of pain is a vital part of the practice of
					 medicine. Patients look to physicians not only to cure disease, but also to try
					 to relieve their pain. Physicians should be able to treat their patients' pain
					 using sound clinical judgment without fear that the board will pursue
					 disciplinary action. Sound clinical judgment results from the use of generally
					 accepted standards of care, which include evidence-based medicine, when
					 available. This rule sets forth minimum requirements related to the proper
					 treatment of pain. The board's intent is to protect the public and give
					 guidance to physicians. The principles underlying this rule include:
(1) Pain is a medical condition that every
				  physician sees regularly. It is an integral part of the practice of medicine.
				  Patients deserve to have medical treatment for their pain, whether the pain is
				  acute or chronic, mild or severe. The goal of pain management is to treat the
				  patient's pain in relation to overall health, including physical function,
				  psychological, social, and work-related factors.
(2) The regulatory atmosphere must support a
				  physician's ability to treat pain, no matter how difficult the case, using
				  whatever tools are most appropriate. Drugs, including opiates, are essential
				  tools for the treatment of pain.
(3) The board is charged by the Legislature
				  with the responsibility to assure that drugs are used in a therapeutic manner.
				  A license to practice medicine gives a physician legal authority to prescribe
				  drugs for pain. The physician has a duty to use that authority to help, and not
				  to harm patients and the public.
(4) Harm can result when a physician does not
				  use sound clinical judgment in using drug therapy. If the physician fails to
				  apply sufficient drug therapy, the patient will likely suffer continued pain
				  and may demonstrate relief-seeking behavior, known as pseudoaddiction. On the
				  other hand, non-therapeutic drug therapy may lead to or contribute to abuse,
				  addiction, and/or diversion of drugs. As with everything in the practice of
				  medicine, physicians must be well informed of and carefully assess the risks
				  and the benefits as they apply to each case.
(5) The extent of medical records must be
				  legible, complete, accurate and current for each patient.
(6) Treatment of chronic pain requires a
				  reasonably detailed and documented plan to assure that the treatment is
				  monitored and evaluated on an ongoing basis.
(7) The intent of the board is not to impose
				  regulatory burdens on the practice of medicine. Rather, these rules set forth
				  those items expected to be done by any reasonable physician involved in the
				  treatment of pain.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 170 - PRESCRIPTION OF CONTROLLED SUBSTANCES › Subchapter A - PAIN MANAGEMENT › Section 170.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
In this Chapter:
(1) "Abuse" or "substance abuse"--the
				  essential feature of substance abuse is a maladaptive pattern of substance use
				  manifested by recurrent and significant adverse consequences related to the
				  repeated use of substances.
(2)
				  "Acute pain"--the normal, predicted, physiological response to a stimulus such
				  as trauma, disease, and operative procedures. Acute pain is time limited to no
				  later than 30 days from the date of the initial prescription for opioids during
				  a period of treatment related to the acute condition or injury. The term does
				  not include:
(A) chronic pain;
(B) pain being treated as part of cancer
				  care;
(C) pain being treated as
				  part of hospice or other end-of-life care;
(D) pain being treated as part of palliative
				  care; or
(E) post-surgical,
				  post-procedure, or persistent non-chronic pain.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 170 - PRESCRIPTION OF CONTROLLED SUBSTANCES › Subchapter A - PAIN MANAGEMENT › Section 170.3 - Minimum Requirements for the Treatment of Chronic Pain

Current through Reg. 49, No. 28; July 12, 2024
A physician's treatment of a patient's pain will be
					 evaluated by considering whether it meets the generally accepted standard of
					 care and whether the following minimum requirements have been met:
(1) Evaluation of the patient.
(A) A physician is responsible for obtaining
				  a medical history and a physical examination that includes a problem-focused
				  exam specific to the chief presenting complaint of the patient.
(B) The medical record shall document the
				  medical history and physical examination. In the case of chronic pain, the
				  medical record must document:
(i) the nature
				  and intensity of the pain;
(ii)
				  current and past treatments for pain;
(iii) underlying or coexisting diseases and
				  conditions;
(iv) the effect of the
				  pain on physical and psychological function;
(v) any history and potential for substance
				  abuse or diversion; and
(vi) the
				  presence of one or more recognized medical indications for the use of a
				  dangerous or scheduled drug.
(C) Prior to prescribing opioids,
				  benzodiazepines, barbiturates, or carisoprodol for the treatment of chronic
				  pain, a physician must review prescription data and history related to the
				  patient, if any, contained in the Prescription Drug Monitoring Program in
				  accordance with Section
				  481.0764 of
				  the Texas Health and Safety Code and § 170.9 of this Chapter (relating to
				  Prescription Monitoring Program Check). In addition, a physician must consider
				  obtaining at a minimum a baseline toxicology drug screen to determine the
				  presence of drugs in a patient, if any. If a physician determines that a
				  baseline toxicology drug screen is not necessary, the physician must document
				  in the medical record his or her rationale for not requiring the
				  screen.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 170 - PRESCRIPTION OF CONTROLLED SUBSTANCES › Subchapter B - UTILIZATION OF OPIOID ANTAGONISTS › Section 170.4 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The legislature has recognized the importance of preventing
					 opioid-related overdose death through the ready availability of opioid
					 antagonists. This subchapter establishes guidelines for the prescription of
					 opioid antagonists and for identifying persons at risk of an opioid-related
					 overdose, while clarifying liability issues for physicians who prescribe opioid
					 antagonists in good faith and with reasonable care.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 170 - PRESCRIPTION OF CONTROLLED SUBSTANCES › Subchapter B - UTILIZATION OF OPIOID ANTAGONISTS › Section 170.5 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to Texas Occupations Code §
										170.001, the
					 definitions for "opioid antagonist" and "prescriber," and opioid-related drug
					 overdose have the meanings assigned by Texas Health and Safety Code §
										483.101, as set out
					 in paragraphs (1) - (3) of this section.
(1) Prescriber--a person authorized by law to
				  prescribe an opioid antagonist.
(2)
				  Opioid antagonist--Naloxone, a drug that binds to opioid receptors and blocks
				  or otherwise inhibits the effects of opioids acting on those
				  receptors.
(3) Opioid-related drug
				  overdose--a condition, evidenced by symptoms such as extreme physical illness,
				  decreased level of consciousness, constriction of the pupils or dilation of the
				  pupils, respiratory depression, or coma, that a layperson would reasonably
				  believe to be the result of the consumption or use of an opioid.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 170 - PRESCRIPTION OF CONTROLLED SUBSTANCES › Subchapter B - UTILIZATION OF OPIOID ANTAGONISTS › Section 170.6 - Opioid Antagonist Prescription Guidelines

Current through Reg. 49, No. 28; July 12, 2024
(a) A prescriber may directly or by standing
				  order prescribe an opioid antagonist to:
(1)
				  a patient to whom an opioid medication is also prescribed who is at risk for an
				  opioid-related drug overdose;
(2) a
				  patient at risk of experiencing an opioid-related drug overdose based on
				  prescribing by other providers;
(3)
				  a family member, friend, or other person in a position to assist a person at
				  risk for an opioid-related drug overdose;
(4) law enforcement agencies in a position to
				  assist persons experiencing an opioid related drug overdose.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 170 - PRESCRIPTION OF CONTROLLED SUBSTANCES › Subchapter B - UTILIZATION OF OPIOID ANTAGONISTS › Section 170.7 - Liability for Act or Omission with Respect to Prescribing an Opioid Antagonist

Current through Reg. 49, No. 28; July 12, 2024
In accordance with §
										170.003,
					 Occupations Code, a prescriber who acts in good faith and in accordance with
					 the standard of care, regardless of whether the physician follows the
					 guidelines adopted under this chapter, is not subject to criminal or civil
					 liability or any professional disciplinary action for:
(1) prescribing or failing to prescribe an
				  opioid antagonist; or
(2) any
				  outcome resulting from the eventual administration of an opioid antagonist
				  prescribed by the physician.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 170 - PRESCRIPTION OF CONTROLLED SUBSTANCES › Subchapter B - UTILIZATION OF OPIOID ANTAGONISTS › Section 170.8 - Documentation

Current through Reg. 49, No. 28; July 12, 2024
A prescriber who prescribes an opioid antagonist to a
					 person under §170.6(a)(1) - (3) of this subchapter (relating to Opioid
					 Antagonistic Prescription Guidelines) shall document the basis for the
					 prescription in the medical record of the patient at risk for an opioid-related
					 overdose.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 170 - PRESCRIPTION OF CONTROLLED SUBSTANCES › Subchapter C - PRESCRIPTION MONITORING PROGRAM CHECK › Section 170.9 - Prescription Monitoring Program Check

Current through Reg. 49, No. 28; July 12, 2024
The legislature has recognized the impact of the opioid
					 crisis on the health and well-being of its citizens. The Prescription
					 Monitoring Program (PMP) is a valuable tool to help prevent diversion of drugs
					 and opioid-related overdose deaths. This subchapter establishes rules for a
					 mandatory PMP check.
(1) Before a
				  prescription for opioids, benzodiazepines, barbiturates, or carisoprodol will
				  be issued to a patient, a mandatory PMP check of the patient's controlled
				  substance prescription history is required. The review of the patient's PMP
				  prescribing history must be completed prior to and each time a prescription is
				  issued for opioids, benzodiazepines, barbiturates, or carisoprodol to the
				  patient for:
(A) take-home use, upon leaving
				  an outpatient setting such as doctor's office, or ambulatory surgical center;
				  or
(B) upon discharge from an
				  inpatient setting, such as a hospital admission or discharge from an emergency
				  department visit.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 170 - PRESCRIPTION OF CONTROLLED SUBSTANCES › Subchapter D - ELECTRONIC PRESCRIBING OF CONTROLLED SUBSTANCES › Section 170.10 - Electronic Prescribing of Controlled Substances

Current through Reg. 49, No. 28; July 12, 2024
(a) A physician shall comply with all federal
				  and state laws relating to prescribing of controlled substances in Texas,
				  including requirements concerning electronic prescribing under Code of Federal
				  Regulations, Title 21, Part 1311, and Texas Health and Safety Code,
				  §§
										481.074 -
				  481.075.
(b) A prescription for a controlled substance
				  is not required to be issued electronically and may be issued in writing if the
				  prescription is issued:
(1) in circumstances
				  in which electronic prescribing is not available due to temporary technological
				  or electronic failure;
(2) by a
				  physician or physician's delegate to be dispensed by a pharmacy located outside
				  this state; or
(3) in any other
				  applicable circumstance described in §
											481.0755(a)
				  of the Texas Health and Safety Code.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 171 - POSTGRADUATE TRAINING PERMITS › Section 171.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to the Board's authority under Tex. Occ. Code §
				  155.105 of the Medical Practice Act, this chapter is promulgated to:
(1) Provide criteria for the eligibility and
				discipline of physicians who apply for and are granted physician-in-training
				permits; and
(2) Set forth conduct
				that must be reported on all individuals who are in postgraduate training in
				order to protect public health and welfare.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 171 - POSTGRADUATE TRAINING PERMITS › Section 171.2 - Construction

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless
				otherwise indicated, permit 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.
				Permit holders under this chapter shall also be subject to the limitations and
				restrictions elaborated in this chapter.
(b) Permit holders under this chapter shall
				cooperate with the board and board staff involved in investigation, review, or
				monitoring associated with the permit holder's practice of medicine. Such
				cooperation shall include, but not be limited to, permit holder's written
				response to the board or board staff written inquiry within 14 days of receipt
				of such inquiry.
(c) A
				physician-in-training permit holder's failure to comply with required reporting
				is grounds for disciplinary action by the Board.
(d) In accordance with § 155.105 of the
				Medical Practice Act, the board shall retain jurisdiction to discipline a
				permit holder whose permit has been terminated, canceled, and/or expired if the
				permit holder violated the Medical Practice Act or board rules during the time
				the permit was valid.
(e) The
				issuance of a permit to a physician shall not be construed to obligate the
				board to issue the physician subsequent permits or licenses. The board reserves
				the right to investigate, deny a permit or full licensure, and/or discipline a
				physician regardless of when the information was received by the
				board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 171 - POSTGRADUATE TRAINING PERMITS › Section 171.4 - Board-Approved Fellowships

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				executive director may in his/her discretion, upon written request, approve
				fellowships as referenced in §
									171.3(a)(2)
				of this chapter. Fellowships meeting the criteria set forth in §
									171.3(a)(4)
				of this chapter do not require board approval for physician in training permits
				to be issue to subspecialty postgraduate residents in the fellowship. If the
				executive director does not recommend approval, the institution's designated
				institutional official (DIO) and chair of the Graduate Medical Education
				Committee (GMEC) may appeal to the board for its discretionary consideration of
				the request.
(b) The initial
				request for approval should be submitted to the executive director, on a form
				prescribed by the board, 90 days prior to the beginning date of the program to
				assist in the expedited processing of an application. The request must include
				the length of the fellowship; the length of time for which the institution is
				requesting approval of the fellowship itself, not to exceed five years; and
				other information as required by the board.
(c) Approval of fellowships requires
				certification by the DIO and the chair of the GMEC of the institution in which
				the fellowship will be conducted that the fellowship program has been evaluated
				and approved by the institution's graduate medical education committee. The
				evaluation shall include but not be limited to satisfactory demonstration to
				the committee of the fellowship's:
(1) goals
				and objectives; documented curriculum; and, qualifications of the program
				director and program faculty, including, but not limited to, certification by
				the appropriate specialty board and/or appropriate educational
				qualifications;
(2) process by
				which subspecialty postgraduate residents are selected;
(3) prerequisite requirements of the
				subspecialty postgraduate residents, including whether prior residency training
				in a related specialty is required;
(4) delineated duties and responsibilities
				required of subspecialty postgraduate residents in the program;
(5) number of subspecialty postgraduate
				residents to be enrolled each year;
(6) scholarly activity to be required of
				subspecialty postgraduate residents;
(7) type of supervision to be provided for
				subspecialty postgraduate residents;
(8) requirements for the program director or
				supervising physician to hold a Texas license or faculty temporary license
				issued by the board;
(9) methods
				for evaluation of subspecialty postgraduate residents by the program;
				and
(10) progressive nature,
				including, but not limited to, the progressively greater responsibility of the
				subspecialty postgraduate residents throughout the course of the fellowship if
				the fellowship is over one year in length.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 171 - POSTGRADUATE TRAINING PERMITS › Section 171.5 - Duties of PIT Holders to Report

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Failure of any PIT holder to comply with the provisions of this chapter or the
				Medical Practice Act §160.002 and §160.003 may be grounds for
				disciplinary action as an administrative violation against the PIT
				holder.
(b) The PIT holder shall
				report in writing to the executive director of the board the following
				circumstances within thirty days of their occurrence:
(1) the opening of an investigation or
				disciplinary action taken against the PIT holder by any licensing entity other
				than the TMB;
(2) an arrest; a
				fine, citation or violation over $250 (excluding traffic tickets, unless drugs
				or alcohol were involved); charge or conviction of a crime; indictment;
				imprisonment; placement on probation; or receipt of deferred adjudication;
				and
(3) diagnosis or treatment of a
				physical, mental or emotional condition, which has impaired or impairs the PIT
				holder's ability to practice medicine.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 171 - POSTGRADUATE TRAINING PERMITS › Section 171.6 - Duties of Program Directors to Report

Current through Reg. 49, No. 28; July 12, 2024
(a) Failure of any postgraduate training
				program director to comply with the provisions of this chapter or the Medical
				Practice Act § 160.002 and § 160.003 may be grounds for disciplinary
				action as an administrative violation against the program director.
(b) The director of each approved
				postgraduate training program shall report in writing to the executive director
				of the board the following circumstances within thirty (30) days of the
				director's knowledge for all participants completing postgraduate training:
(1) if a physician did not begin the training
				program due to failure to graduate from medical school as scheduled or for any
				other reason(s);
(2) if a physician
				has been or will be absent from the program for more than 21 consecutive days
				(excluding vacation, military, or family leave not related to the participant's
				medical condition) and the reason(s) why;
(3) if a physician has been arrested after
				the permit holder begins training in the program;
(4) if a physician poses a continuing threat
				to the public welfare as defined under Texas Occupations Code §
										151.002(a)(2),
				as amended;
(5) if the program has
				taken final action that adversely affects the physician's status or privileges
				in a program for a period longer than 30 days;
(6) if the program has suspended the
				physician from the program;
(7) if
				the program has requested termination or terminated the physician from the
				program, requested or accepted withdrawal of the physician from the program, or
				requested or accepted resignation of the physician from the program and the
				action is final.
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 172.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to §§ 155.101, 155.103 and 155.104 of
					 the Medical Practice Act, the Board is authorized to adopt rules relating to
					 granting temporary, provisional and limited licenses. This chapter is
					 promulgated to provide criteria for the eligibility and discipline of
					 physicians who apply for and are granted temporary, provisional and limited
					 licenses.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 172 - TEMPORARY AND LIMITED LICENSES › Subchapter B - TEMPORARY LICENSES › Section 172.3 - Distinguished Professors Temporary License

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive director of the board may
				  issue a distinguished professors temporary license to an applicant:
(1) who has passed the Texas medical
				  jurisprudence examination;
(2)
				  whose application has been filed, processed, and found to be in
				  order;
(3) whose application for a
				  full Texas medical license is complete in every detail except that the
				  applicant will not be required to have taken and passed the SPEX examination as
				  set forth in §
											163.4
				  of this title (relating to Procedural Rules for Licensure Applicants);
				  and
(4) who holds an appointment as
				  a salaried full professor on the faculty working full-time in one of the
				  following institutions:
(A) a school of
				  medicine in this state accredited by the Liaison Committee on Medical Education
				  or the American Osteopathic Association Commission on Osteopathic College
				  Accreditation;
(B) The University
				  of Texas Health Center at Tyler;
(C) The University of Texas M.D. Anderson
				  Cancer Center; or
(D) a program of
				  graduate medical education, accredited by the Accreditation Council for
				  Graduate Medical Education, that exceeds the requirements for eligibility for
				  first board certification in the discipline.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 172 - TEMPORARY AND LIMITED LICENSES › Subchapter B - TEMPORARY LICENSES › Section 172.4 - State Health Agency Temporary License

Current through Reg. 49, No. 28; July 12, 2024
An applicant may elect to apply for a state health agency
					 temporary license in lieu of licensure.
(1) The executive director of the board may
				  issue such a temporary license to an applicant:
(A) who holds a valid license in another
				  state or Canadian province on the basis of an examination, that is accepted by
				  the board for licensure;
(B) who
				  has passed the Texas medical jurisprudence examination;
(C) whose application has been filed,
				  processed, and found to be in order. The application shall be complete in every
				  detail ; and
(D) who holds a
				  salaried, administrative, or clinical position with an agency of the State of
				  Texas.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 172 - TEMPORARY AND LIMITED LICENSES › Subchapter B - TEMPORARY LICENSES › Section 172.5 - Visiting Physician Temporary Permit

Current through Reg. 49, No. 28; July 12, 2024
(a) Visiting Physician Temporary Permit -
				  General.
(1) The executive director of the
				  board may issue a permit to practice medicine to an applicant who intends to
				  practice under the supervision of a licensed Texas physician, excluding
				  training in postgraduate training programs:
(A) for educational purposes;
(B) to practice charity care to underserved
				  populations in Texas;
(C) in cases
				  of declared emergency disasters;
(D) for the provision of forensic psychiatric
				  examinations related to criminal matters; or
(E) for the provision of specialized medical
				  care for which the applying physician has demonstrated good cause for the
				  issuance of the permit.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 172 - TEMPORARY AND LIMITED LICENSES › Subchapter B - TEMPORARY LICENSES › Section 172.6 - Visiting Professor Temporary License

Current through Reg. 49, No. 28; July 12, 2024
The board may issue a temporary license to practice
					 medicine to a physician appointed as a visiting professor by a Texas medical
					 school or institution in accordance with this section.
(1) The visiting professor temporary license
				  may be valid for any number of 31-day increments not to exceed 24 increments.
				  The incremental periods wherein the temporary license is valid need not be
				  contiguous, but rather may be in any arrangement approved by the executive
				  director of the board.
(2) The
				  visiting professor temporary license shall state on its face the periods during
				  which it will be valid. If all periods of validity are not known at the time of
				  the temporary license issuance, the temporary license holder shall request that
				  the executive director of the board endorse the temporary license with each
				  incremental period of validity as such becomes known. No temporary license
				  shall be valid at any time when the period of validity is not stated on the
				  temporary license unless suitable temporary alternative arrangements have been
				  presented to and accepted by the executive director of the board.
(3) The visiting professor temporary license
				  shall be issued to the institution authorizing the named visiting professor to
				  practice medicine within the teaching confines of the applying medical school
				  as a part of duties and responsibilities assigned by the school to the visiting
				  professor. The visiting professor may participate in the full activities of the
				  department in whichever hospital the appointee's department has full
				  responsibility for clinical, patient care, and teaching activities.
(4) The visiting professor temporary license
				  may be issued to one of the following institutions:
(A) a school of medicine in this state
				  accredited by the Liaison Committee on Medical Education or the American
				  Osteopathic Association Bureau of Professional Education;
(B) The University of Texas Health Center at
				  Tyler;
(C) The University of Texas
				  M.D. Anderson Cancer Center; or
(D)
				  a program of graduate medical education, accredited by the Accreditation
				  Council for Graduate Medical Education, that exceeds the requirements for
				  eligibility for first board certification in the discipline.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 172 - TEMPORARY AND LIMITED LICENSES › Subchapter B - TEMPORARY LICENSES › Section 172.7 - National Health Service Corps Temporary License

Current through Reg. 49, No. 28; July 12, 2024
The board may issue a temporary license to practice
					 medicine to a physician who has contracted with the National Health Service
					 Corps to practice medicine in Texas under the following terms and
					 conditions.
(1) The physician must be
				  a graduate of a medical school approved by the board. An 8 1/2 x 11 notarized
				  true copy of the original medical diploma shall be submitted to the
				  board.
(2) The physician must hold
				  a valid, unrestricted license in another state or territory to practice
				  medicine. A notarized true copy of the license registration certificate shall
				  be submitted to the board. If the physician is not licensed in another state,
				  he or she must have passed either the United States Medical Licensing
				  Examination (USMLE), within three attempts, with a score of 75 or better on
				  each step, all steps must be passed within seven years, or the National Board
				  of Osteopathic Medical Examiners Examination (NBOME) or its successor, within
				  three attempts, all steps must be passed within seven years, or the National
				  Board of Medical Examiners Examination (NBME) within three attempts, all steps
				  must be passed within seven years. A certified transcript of the scores shall
				  be submitted to the board by the appropriate authority.
(3) The physician must have a valid contract
				  with the National Health Service Corps. The temporary license will expire at
				  the termination of the contract with the National Health Service Corps. A
				  notarized true copy of the contract shall be submitted to the board.
(4) The temporary license shall be issued for
				  one year and may be renewed.
(5)
				  The temporary license allows the physician to practice medicine only within the
				  scope of his or her contract with the National Health Service Corps.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 172 - TEMPORARY AND LIMITED LICENSES › Subchapter B - TEMPORARY LICENSES › Section 172.8 - Faculty Temporary License

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The board may issue a faculty temporary license to practice medicine to a
				  physician in accordance with §
										155.104, Texas
				  Occupations Code. "Physician," as used in that statute and in this section, is
				  interpreted to mean a person who holds an M.D., D.O., or equivalent degree and
				  who is licensed to practice medicine in another state or a Canadian province or
				  has completed at least two years of postgraduate residency, but does not hold a
				  license to practice medicine in this state.
(1) Each medical license held in any state,
				  territory, or Canadian province must be free of any restrictions, disciplinary
				  order or probation.
(2) The
				  physician must have passed the Texas medical jurisprudence examination with a
				  score of 75 or better.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 172 - TEMPORARY AND LIMITED LICENSES › Subchapter B - TEMPORARY LICENSES › Section 172.9 - Postgraduate Research Temporary License

Current through Reg. 49, No. 28; July 12, 2024
(a) The board may issue a temporary license
				  to practice medicine to a medical school graduate, who holds a research
				  appointment at an institution in accordance with subsection (b) of this
				  section, in a program approved by the board, under the following terms and
				  conditions listed in paragraphs (1) - (7) of this subsection.
(1) The research must be in clinical medicine
				  and/or the basic sciences of medicine.
(2) The research is limited to the duties and
				  responsibilities assigned by the applying institution to research appointee in
				  their research capacity.
(3) The
				  research appointment must be approved by the Dean of the medical school or the
				  president of the institution.
(4)
				  The research appointment must be supervised by a faculty member of the
				  institution who has an active unrestricted Texas medical license.
(5) The research appointee must be of good
				  professional character as elaborated in the Medical Practice Act.
(6) The Postgraduate Research Temporary
				  License may be issued for a maximum of one year, is not renewable and cannot be
				  used towards physician licensure requirements in Texas.
(7) The Postgraduate Research Temporary
				  License holder's practice of medicine shall be limited to the confines of the
				  institution and to the area of the research assigned by the institution to the
				  physician.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 172 - TEMPORARY AND LIMITED LICENSES › Subchapter B - TEMPORARY LICENSES › Section 172.10 - Department of State Health Services Medically Underserved Area (DSHS-MUA) Temporary License

Current through Reg. 49, No. 28; July 12, 2024
The board may issue a temporary license to practice
					 medicine to a physician who is appointed by the Department of State Health
					 Services (DSHS) to provide free services at medically underserved areas at its
					 regional clinics. Medically underserved areas shall be those areas as defined
					 under § 157.052 of the Medical Practice Act.
(1) Length of Temporary License. The DSHS-MUA
				  temporary licenses may be valid for up to 31 days and a physician may not be
				  issued more than one temporary license in any 12-month period.
(2) Eligibility.
(A) The physician must hold a current medical
				  license that is free of any restriction, disciplinary order or probation in
				  another state, territory, a Canadian province, or uniformed service of the
				  United States.
(B) Each medical
				  license held in another state, territory, Canadian province, or uniformed
				  service of the United States must be free of any restrictions, disciplinary
				  order or probation.
(C) The
				  physician must be employed by the Texas Army National Guard, the uniformed
				  service of the United States, or the national branches of the military
				  reserves.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 172 - TEMPORARY AND LIMITED LICENSES › Subchapter B - TEMPORARY LICENSES › Section 172.11 - Temporary Licensure - Regular

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) who has passed the Texas
				  medical jurisprudence examination;
(2) whose completed application has been
				  filed, processed, and found to be in order; and
(3) who has met all other requirements for
				  licensure.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 172 - TEMPORARY AND LIMITED LICENSES › Subchapter C - LIMITED LICENSES › Section 172.12 - Out-of-State Telemedicine License

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Qualifications. A person may not engage in the practice of medicine across
				  state lines in this State, hold oneself as qualified to do the same, or use any
				  title, word, or abbreviation to indicate or induce others to believe that one
				  is licensed to practice across state lines in this state unless the person is
				  actually so licensed. For a person to be eligible for an out-of-state
				  telemedicine license to practice medicine across state lines under the Medical
				  Practice Act, § 151.056, and §
										163.1 of
				  this title (relating to Definitions), the person must:
(1) be 21 years of age or older;
(2) be actively licensed to practice medicine
				  in another state which is recognized by the board for purposes of licensure,
				  and not the recipient of a previous disciplinary action by any other state or
				  jurisdiction;
(3) not be the
				  subject of a pending investigation by a state medical board or another state or
				  federal agency;
(4) have passed
				  the Texas Medical Jurisprudence Examination;
(5) complete a board-approved application for
				  an out-of-state telemedicine license for the practice of medicine across state
				  lines and submit the requisite initial fee; and
(6) not be determined ineligible for
				  licensure under subsection (b) of this section.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 172 - TEMPORARY AND LIMITED LICENSES › Subchapter C - LIMITED LICENSES › Section 172.13 - Conceded Eminence

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to the
				  authority of §
										155.006, Texas
				  Occupations Code, the board may issue a limited license to an applicant
				  licensed or educated in another state, territory, Canadian province or country
				  conceded eminence and authority in the applicant's specialty.
(b) "Conceded eminence and authority in the
				  applicant's specialty," as used in this section, shall mean that the physician
				  has achieved a high level of academic or professional recognition, domestically
				  or internationally, for excellence in research, teaching, or the practice of
				  medicine within the applicant's specialty.
(c) In determining whether an applicant has
				  recognized conceded eminence and authority in the applicant's specialty, the
				  Board shall consider whether:
(1) the
				  applicant has been the recipient of professional honors and awards, and
				  professional recognition in the international or domestic medical community,
				  for achievements, contributions, or advancements in the field of medicine, or
				  medical research as evidenced by objective factors, including, but not limited
				  to:
(A) publications in recognized
				  scientific, medical, or medical research journals, including American peer
				  review journals;
(B) being the
				  recipient or nominee for international or national awards for distinguished
				  contributions to the advancement of medicine or medical research;
(C) acknowledgement of expertise from
				  recognized American authorities in the applicant's field of medical specialty;
				  and
(D) other professional
				  accomplishments as determined meritorious in the discretion of the
				  Board;