Medical Board Rule Changes Proposed
The following is a summary of proposed rule changes that were presented to the Texas Medical Board, on April 12-13, 2012 and were published in the May 4, 2012 Texas Register for a 30-day comment period. Links to proposed rules as published on the Texas Register are provided below.
These proposed rules will be presented to the Texas Medical Board on June 8, 2012. There will be an opportunity for public comment. Location: William P. Hobby Building, 333 Guadalupe Street, Tower 2, Suite 225, Austin, Texas, 78701. There will be a signup sheet for those wishing to speak and seating is available. Those who would like to submit written comments before the meeting to be reviewed by the Board should mail them to Texas Medical Board, Rules Development, P.O. Box 2018, Austin, TX 78768-2018; email to: Rules.Development@tmb.state.tx.us; or fax to: (512) 305-7051 Attention: Rules Development. (512) 305-7016. Deadline for submitting written comments is June 4, 2012.
Chapter 163. LICENSURE
The Texas Medical Board (Board) proposes amendment to §163.4, concerning Licensure.
The amendment to §163.4, relating to Procedural Rules for Licensure Applicants, provides that if an applicant for licensure has violated §170.002 or Chapter 171, Texas Health and Safety Code, the applicant will be considered ineligible for licensure.
http://www.sos.state.tx.us/texreg/archive/May42012/PROPOSED/22.EXAMINING%20BOARDS.html#267
Chapter 166. PHYSICIAN REGISTRATION
The Texas Medical Board (Board) proposes amendments to §166.1, concerning Physician Registration, and §166.3, concerning Retired Physician Exception.
The amendment to §166.1 provides that a physician will not be eligible for a registration permit if the physician has violated §170.002 or Chapter 171, Texas Health and Safety Code, consistent with HB15 that was passed during the 82nd Legislative Session.
The amendment to §166.3 provides that in order for a physician to return to active status from retired status, the physician may have to prove competency or otherwise remediate and deficiencies in ways consistent with §163.11 of the Board's rules related to the active practice of medicine.
http://www.sos.state.tx.us/texreg/archive/May42012/PROPOSED/22.EXAMINING%20BOARDS.html#272
Chapter 172. TEMPORARY AND LIMITED LICENSES
The Texas Medical Board (Board) proposes amendments to §§172.8, 172.15, and 172.16, concerning Temporary and Limited Licenses.
The amendment to §172.8, relating to Faculty Temporary License, provides that applicants for Faculty Temporary Licenses (FTLs) shall be determined ineligible for FTLs based on the same reasons for ineligibility for full licensure.
http://www.sos.state.tx.us/texreg/archive/May42012/PROPOSED/22.EXAMINING%20BOARDS.html#277
The amendment to §172.15, relating to Public Health License, provides that any clinical medicine performed under public health license may not count toward active practice requirements for full licensure.
The amendment to §172.16, relating to Provisional Licenses for Medically Underserved Areas, provides that in addition to other reasons already provided by rule, a provisional license will be terminated upon determination of statutory ineligibility by the Executive Director.
http://www.sos.state.tx.us/texreg/archive/May42012/PROPOSED/22.EXAMINING%20BOARDS.html#280
Chapter 177. BUSINESS ORGANIZATIONS
Subchapter B. NON-PROFIT HEALTH ORGANIZATIONS
The Texas Medical Board (Board) proposes amendments to §177.5, concerning Special Requirements for 162.001(b) Health Organizations.
The amendment provides changes consistent with SB1661 passed during the 82nd Regular Session. Changes include requiring non-profit health organizations to adopt and enforce policies to ensure that physicians employed by the organization exercise independent medical judgment when providing care to patients.
http://www.sos.state.tx.us/texreg/archive/May42012/PROPOSED/22.EXAMINING%20BOARDS.html#285
Chapter 190. DISCIPLINARY GUIDELINES
Subchapter B. VIOLATION GUIDELINES
The Texas Medical Board (Board) proposes amendments to §190.8, concerning Violation Guidelines.
The amendment adds that the Board will take disciplinary action if the physician is in violation of §170.002 or Chapter 11, Texas Health and Safety Code.
http://www.sos.state.tx.us/texreg/archive/May42012/PROPOSED/22.EXAMINING%20BOARDS.html#289