From the February 25 issue of the Texas Register:
Proposed Rules
The Texas Medical Board proposes to amend §164.2, Definitions; §164.4, Board Certification; and §164.6, Required Disclosures on Websites, which would add definitions, establish the process for applicants to have certifying boards approved by the Medical Board for advertising purposes, and provide that this section applies only to licensees who bill for services provided via the web.
The board proposes new §166.7, Report of Impairment on Registration Form., which would provide that if a licensee has an impairment that affects the ability to actively practice medicine, the licensee will be given the opportunity to place the license on retired status, convert the license to an administrative medicine license, cancel the license, or be referred to the Texas Physician Health Program.
The board proposes to amend §175.1, Application Fees, and §175.2, Registration and Renewal Fees, which would establish application and renewal fees at $200.
The board proposes to amend §187.70, Purposes and Construction; §187.71, Hearing Before a Panel of Board Representatives; and §187.72, Decision of the Panel. From the Texas Register:
The amendment to §187.70 provides that the Board may automatically suspend the license of a physician who has been found guilty of certain drug-related felonies by a trier of fact.
The amendment to §187.71 provides that the Board may conduct a hearing in order for the purpose of determining whether to automatically suspend the license of a physician who has been found guilty of certain drug-related felonies by a trier of fact.
The amendment to §187.72 provides that if a disciplinary panel of the board elects to automatically suspend the license of a physician that the order shall be considered administratively final for purposes of appeal. In addition, if a panel recommends the automatic suspension of a license, the panel shall also either offer an order with terms on how the suspension may be probated or that the physician’s license should be revoked.
The board proposes to amend §196.1, Relinquishment of License, and the repeal of 196.3, Surrender Associated with Impairment, which would provide that in addition to voluntary relinquishment, a licensee may request license cancellation.
For more information about these changes, see the Texas Register.
The Board of Nursing proposes to amend §213.33 (relating to Factors Considered for Imposition of Penalties/Sanctions), which would formalize the board’s historical practice regarding default cases. See the Texas Register for details.
Withdrawn Rules
HHSC withdraws the proposed amendment to §360.117 which appeared in the October 29, 2010, issue of the Texas Register.
The Texas Medical Board withdraws the proposed amendment to §183.2 which appeared in the October 15, 2010, issue of the Texas Register.
Adopted Rules
The Texas Medical Board adopted amendments to §163.13, Expedited Licensure Process, which deletes language that requires applicants for an expedited license to practice medicine to submit proof of eligibility for a visa immigration waiver.
The board adopted amendments to §171.2, Construction, and §171.5, Duties of PIT Holders to Report, which removes a reference to “annual” reporting requirements, as annual reports are no longer required under §171.5; and clarifies that fines, citations, or violations over $250 must be reported, excluding traffic tickets, unless alcohol- or drug-related.
The board adopted amendments to §183.3, Meetings, which provides that committee minutes are to be approved by the full Board rather than by committee.
The board adopts amendments to §183.15, Use of Professional Titles, and §183.20, Continuing Acupuncture Education, which describes when and how a licensee may use additional professional titles in advertising and other related materials; and clarifies that to become an approved CAE provider, the provider must submit to evidence that the provider has three continuous years of previous experience providing at least one different CAE course in Texas in each of those years.
The board adopted amendments to §§187.8, 187.14, 187.27, 187.55, and 187.59, Procedural Rules. An excerpt:
The amendment to §187.8, concerning Subpoenas, establishes that the party requesting the Board to issue a subpoena in relation to a case filed at the State Office of Administrative Hearings (SOAH) is responsible for accomplishing service of the subpoena.
The amendment to §187.14, concerning Informal Resolution of Disciplinary Issues Against a Licensee, provides that if the licensee fails to accept an offer of settlement by the Quality Assurance Committee, or if the licensee requests that an Informal Settlement Conference (ISC) be held, the offer shall be deemed to be rejected and an ISC shall be held which is the current process. The current language says that an ISC is to be scheduled rather than “held.”
The amendment to §187.27, concerning Written Answers in SOAH Proceedings and Default Orders, amends the process for issuance of default orders. Under the adopted language if a licensee fails to timely file a response in a SOAH case, SOAH may, at Board staff’s request, remand the case to the Board and the Board will then rule on the staff attorney’s motion for default and issue a default order if warranted. This differs from the current process that requires the Board’s general counsel to make a determination of default before the case may be remanded by SOAH.
The amendment to §187.55, concerning Purpose, makes grammatical changes.
The amendment to §187.59, concerning Evidence, provides that documentary evidence for temporary suspension hearings with notice must be prefiled with the Board 24 hours prior to the scheduled hearing. Admission of documentary evidence after the 24 hours shall be admitted only upon a showing of good cause. In addition, documentary evidence must be submitted in electronic format in all cases where the Respondent has been provided notice that a panel member will be appearing by phone.
See the Texas Register for more information about each change.
