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“... als specializing in infectious diseases, internal medicine, emergency medicine, and those involved during the management of patients with the Ebola Virus Disease.
Learning Objectives
Recognize the epidemiologic risk factors
Identify the clinical signs and symptoms
Understand the modes of transmissi ... ”
“... ty of Respiratory Care, American Academy of Sleep Medicine and the American Association of Sleep Technologists. Marshall received a Bachelor of Science from Baylor University, Master of Science in healthcare administration from Texas State University and Doctorate of Education from The Universi ... ”
“... hysics, therapeutic radiological physics, medical nuclear health and medical health physics.
Some responsibilities of a Medical Physicist may include:
Developing equipment specifications
Developing procedures for initial and continuing evaluation
Performing acceptance testing
Providing consultation ... ”
“... pplication in radiology;
mammography applications
nuclear medicine application;
and radiation therapy applications.
No more than 50% of the required number of hours may be satisfied by completing or participating in learning activities which are related to the use and application of non-ionizi ... ”
“... pplication in radiology;
mammography applications
nuclear medicine application;
and radiation therapy applications.
No more than 50% of the required number of hours may be satisfied by completing or participating in learning activities which are related to the use and application of non-ionizi ... ”
“... pplication in radiology;
mammography applications
nuclear medicine application;
and radiation therapy applications.
No more than 50% of the required number of hours may be satisfied by completing or participating in learning activities which are related to the use and application of non-ionizi ... ”
“... ical Physics (ABMP),
American Board of Science in Nuclear Medicine (ABSNM), or
American Board of Health Physics (ABHP).
A contact hour is defined as 50 minutes of attendance and participation.
Acceptable Continuing Education
CE shall be acceptable if the experience falls into one or ... ”
“... cal Board, including continuing the regulation of medicine, did not pass. Several of the Sunset Commission’s other Medical Board recommendations passed in separate bills, and the commission also adopted five nonstatutory management actions the board must implement:
H.B. 3040 Burkett (Hinojosa ... ”
“... poses. This would include diagnostic radiography, nuclear medicine and radiation therapy.
Some of the responsibilities of an MRT may include:
Performing radiographic studies: CAT scan; MRI; X-rays; PET scan; mammography; fluoroscopy
Performing radiation therapy
Administering radiopharmaceuticals
Pe ... ”
“... Rensselaer Polytechnic Institute and a Doctor of Medicine from The University of Texas Health Science Center at Houston. He completed his radiology training at Washington University in St. Louis.
Nicholas Beckmann, M.D.
Nicholas Beckmann, M.D.
Nicholas Beckmann, M.D., of Houston ... ”
“... ber of years the physician has actively practiced medicine in: (A) The United States or Canada; and (B) Texas;(10) The original date of issuance of the physician's Texas medical license;(11) The expiration date of the physician's registration permit;(12) The phy ... ”
“... sts
Texas Association of Acupuncture and Oriental Medicine
American Association of Acupuncture and Oriental Medicine
National Certification Commission for Acupuncture and Oriental Medicine
Medical Radiological Technologists (MRTs)
Texas Society of Radiologic Technologists
American Society of Radio ... ”
“... pplication in radiology;
mammography applications
nuclear medicine application;
and radiation therapy applications.
No more than 50% of the required number of hours may be satisfied by completing or participating in learning activities which are related to the use and application of non-ionizi ... ”
“... e is in the SPL.
At least 25% of your practice of medicine occurs in the SPL.
Your employer is located in the SPL.
You use the SPL as your state of residence for U.S. Federal Income Tax purposes.
In order to remain active within the Compact, you must maintain your SPL status at all times. You may r ... ”
Description: Press Release April 18, 2010 (PDF File)
Document: ... w that Dr. Murray is competent to safely practice medicine. -30The Texas Medical Board, the state agency that regulates physicians, physician assistants, surgical assistants and acupuncturists, provides consumer protection through licensure, investigation and disciplinary action. The Board, under Pr ...
Description: Press Release April 18, 2011 (PDF File)
Document: ... that Dr. Stogre's continuation in the practice of medicine, and the continued operation of the clinics, pose a continuing threat to the public welfare. The Temporary Suspension Hearing Without Notice took place under the Board's authority granted by the Medical Practice Act. The physician has the op ...
Description: Press Release April 20, 2011 (PDF File)
Document: ... ist hearing related to the unlicensed practice of medicine. The rule was adopted on an emergency basis in accordance with Sec. 2001.034(a) that permits an agency to adopt an emergency rule without prior notice of hearing if the agency determines that there is an imminent peril to the public health, ...
Description: Press Release April 21, 2005 (PDF File)
Document: ... that Dr. Eargle's continuation in the practice of medicine presents a continuing threat to the public welfare. The temporary suspension hearing took place Thursday under the Board's authority, granted by S.B. 104 of the 78th Legislature, to suspend or restrict a physician's license without notice wh ...
Description: Press Release April 21, 2010 (PDF File)
Document: ... cations technology are engaged in the practice of medicine and must have appropriate licensure unless otherwise exempt.
DISCIPLINARY ACTIONS
Open records requests for orders may be made to openrecords@tmb.state.tx.us. Media contact: Leigh Hopper at (512) 305-7018 or leigh.hopper@tmb.state.tx.us. Or ...
Description: Press Release April 28, 2011 (PDF File)
Document: ... Dr. Gullapalli's continuation in the practice of medicine constitutes a continuing threat to the public welfare. In addition, the panel suspended the two pain management clinic certificates held by Dr. Gullapalli, Lic. No. J1256, after determining that the Houston clinics are not owned by Dr. Gulla ...
Description: Press Release April 28, 1998 (PDF File)
Document: ... and conditions. Action due to failure to practice medicine in an acceptable manner. Elliott, Paul T., M.D., Richardson, TX, Lic. #D5979 An Agreed Order was entered on 4-10-99 publicly reprimanding the physician. Action due to failure to practice medicine in an acceptable manner. Gunderson, Erik Wate ...
Description: Press Release April 30, 2008 A (PDF File)
Document: ... g that Dr. Zayas' continuation in the practice of medicine would present a continuing threat to the public welfare. The temporary suspension hearing was held with notice on Monday, April 28. The action was based on the panel's finding that Dr. Zayas was responsible for weight -loss clinics in Housto ...
Description: Press Release May 01, 2002 (PDF File)
Document: ... formation that his continuance in the practice of medicine would constitute a continuing threat to public welfare. The temporary suspension is based on habitual use of alcohol, unprofessional conduct, and violation of a prior order of the board. The allegations related to the application for tempora ...
Description: Press Release May 03, 2007 A (PDF File)
Document: ... that Dr. White's continuation in the practice of medicine presents a continuing threat to the public welfare.
The temporary suspension hearing took place Thursday, April 26, under the Board's authority, granted by S.B. 104 of the 78th Legislature, to suspend or restrict a physician's license witho ...
Description: Press Release May 05, 2009 (PDF File)
Document: ... revious orders and that he had failed to practice medicine in an acceptable professional manner consistent with public health and welfare. -30-
Description: Press Release May 08, 2007 A (PDF File)
Document: ... hat Dr. Halbert's continuation in the practice of medicine presents a continuing threat to the public welfare.
The action was based on Dr. Halbert's prescribing controlled substances to a family member on an ongoing basis without thorough physical examination and without maintaining adequate medica ...
Description: Press Release May 14, 2004 (PDF File)
Document: ... that Dr. Hughes' continuation in the practice of medicine presents a continuing threat to the public welfare. Dr. Hughes, 53, is a child psychiatrist in Arlington. The allegations included sexual misconduct with adolescent patients. The panel's determination was made after review of written stateme ...
Description: Press Release May 17, 2006 (PDF File)
Document: ... that Dr. Prince's continuation in the practice of medicine presents a continuing threat to the public welfare. The action was based on the following: providing false information to the board; inability to practice with reasonable skill and safety due to substance abuse; intemperate use of alcohol or ...
Description: Press Release May 17, 2007 A(PDF File)
Document: ... that Dr. Chavez's continuation in the practice of medicine and Mr. Cano's continuation in practice as a surgical assistant present a continuing threat to the public welfare.
The temporary suspension hearing took place Wednesday under the Board's authority, granted by S.B. 104 of the 78th Legislatur ...
“The corporate practice of medicine is a legal doctrine, which generally prohibits corporations, entities or individuals (i.e. non-physicians) from practicing medicine.A general summary of the corporate practice of medicine doctrine is that it prohibits physicians from entering into partnerships, emp ... ”
What is the "corporate practice of medicine"?
The corporate practice of medicine is a legal doctrine, which generally prohibits corporations, entities or individuals (i.e. non-physicians) from practicing medicine.
A general summary of the corporate practice of medicine doctrine is that it prohibits physicians from entering into partnerships, employee relationships, fee splitting, or other situations with non-physicians where the physician's practice of medicine is in any way controlled or directed by, or fees shared with a non-physician. Generally, physicians may enter into independent contractor arrangements with non-physicians. However, whether an independent contractor situation exists is a question of law and attendant facts.
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.
Section 164.052(a)(13) of the Medical Practice Act authorizes disciplinary action against any licensee for impersonation of a licensed practitioner or permitting another to use his license to practice medicine. Section 164.052(a)(17) authorizes disciplinary action against a practitioner for aiding or abetting, directly or indirectly, the practice of medicine by non-licensed individuals or entities.
Beginning in 2011, the Texas Legislature enacted laws authorizing certain types of hospitals and specific hospital districts to directly hire physicians.
Because of the highly technical aspects of this doctrine, a physician should consult with private counsel regarding any actual or contemplated arrangement. Please be advised that the Board staff is not authorized to provide private legal advice.
The following case law/legal authority may be helpful in the analysis and are available from any local law library or private counsel:
a. Garcia v. Texas State Board of Medical Examiners, 384 F.Supp. 434 (W.D. Texas 1974);
b. F.W.B. Rockett v. Texas State Board of Medical Examiners, 287 S.W.2d 190 (Tex. Civ.App.- San Antonio 1956, writ ref'd n.r.e.);
c. Watt v. Texas State Board of Medical Examiners, 303 S.W.2d 884 (Tex. Civ. App.- Dallas 1957, writ ref'd n.r.e.);
d. Flynn Brothers, Inc. v. First Medical Associates, 715 S.W.2d 782 (Tex. Civ. App.- Dallas 1986, writ ref'd n.r.e.)
e. Woodson v. Scott & White Hospital, 186 S.W.2d 720 (Tex. App. 1945, writ ref'd w.o.m.)
f. Tex. Atty. Gen. Op. JM-1042 (1989)
g. Tex. Atty. Gen. Op. WW-278 (1957).
h. Tex. Atty. Gen. Op. JM 369 (1985)
i. Tex. Atty. Gen. Op. DM-138 (1992)
j. Tex. Atty. Gen. Op. M-551 (1970)
k. The Medical Practice Act, Texas Occupations Code Annotated, Title 3, Subtitle B as amended, section 162.001.
l. The Medical Practice Act, Texas Occupations Code Annotated, Title 3, Subtitle B as amended, section 162.001.
m. The Medical Practice Act, Texas Occupations Code Annotated, Title 3, Subtitle B as amended, 151.055.
n. Occupations Code, section 102.001.
“... ification Commission for Acupuncture and Oriental Medicine (formerly NCCA) http://www.nccaom.org/ 11 Canal Center Plaza Suite 300 Alexandria, VA 22314 (703) 548-9004 The Council of Colleges of Acupuncture and Oriental Medicine (CCAOM) http://www.ccaom.org/ 3909 National Drive, Suite 125 Burtonsville ... ”
What is the contact information for the NCCAOM (formerly NCCA), CCAOM, and ACAOM (formerly NACSCAOM)?
Contact information for certifying organizations is as follows: National Certification Commission for Acupuncture and Oriental Medicine (formerly NCCA) http://www.nccaom.org/ 11 Canal Center Plaza Suite 300 Alexandria, VA 22314 (703) 548-9004 The Council of Colleges of Acupuncture and Oriental Medicine (CCAOM) http://www.ccaom.org/ 3909 National Drive, Suite 125 Burtonsville, MD 20866 301-476-7790 (ph) 301-476-7792 (fax) Accreditation Commission for Acupuncture and Oriental Medicine (formerly NACSCAOM) http://www.acaom.org/ Maryland Trade Center #3 7501 Greenway Center Court Suite 820 Greenbelt, MD 20770 (301) 313-0855
“AOMA Graduate School of Integrative Medicine https://www.aoma.edu 4701 West Gate Blvd Austin, Texas 78745 Phone: (512) 492-3017 Fax: (512) 454-7001 American College of Acupuncture and Oriental Medicine http://www.acaom.edu/ 9100 Park West Drive Houston, Texas 77063 Phone: (713) 780-9777 Texas Health ... ”
What acupuncture schools in Texas are accredited or in the candidacy process to become accredited?
AOMA Graduate School of Integrative Medicine https://www.aoma.edu 4701 West Gate Blvd Austin, Texas 78745 Phone: (512) 492-3017 Fax: (512) 454-7001 American College of Acupuncture and Oriental Medicine http://www.acaom.edu/ 9100 Park West Drive Houston, Texas 77063 Phone: (713) 780-9777 Texas Health and Science University (formerly Texas College of Traditional Chinese Medicine) http://www.thsu.edu/ 4005 Manchaca Road, Suite 200 Austin, Texas 78704 Phone: (512) 448-9999 Fax: (512) 444-6345
“... ry order limiting your practice to administrative medicine may be offered. ”
I haven't been practicing medicine for a while. Is that a problem?
Maybe. In order to be eligible for physician licensure in Texas you must prove that you have actively diagnosed or treated patients, or been on the active teaching faculty of a Texas medical school on a full time basis for either of the two years preceding the date of your application. The Board defines "full time" to be at least 20 hours per week for 40 weeks duration during a given year. If you don't meet that requirement the Executive Director may determine that certain conditions must be met before licensure can be granted. Alternatively, licensure under a non-disciplinary order limiting your practice to administrative medicine may be offered.
“... older is restricted to the supervised practice of medicine that is part of and approved by the training program. The permit does not allow for the practice of medicine that is outside of the approved program. ”
Can I moonlight with a PIT permit?
No, a physician-in-training permit holder is restricted to the supervised practice of medicine that is part of and approved by the training program. The permit does not allow for the practice of medicine that is outside of the approved program.
“A Family Medicine resident could reasonably be approved by his or her program director to internally moonlight with a PIT permit in the ER, maternity ward, or ambulatory clinic. An Internal Medicine resident could reasonably be approved by his or her program director to internally moonlight in the E ... ”
What are some examples of acceptable internal moonlighting under a PIT permit for training areas related to the specialty?
A Family Medicine resident could reasonably be approved by his or her program director to internally moonlight with a PIT permit in the ER, maternity ward, or ambulatory clinic. An Internal Medicine resident could reasonably be approved by his or her program director to internally moonlight in the ER, ICU, or on the Critical Care service. However, a Family Medicine or Internal Medicine resident should not internally moonlight with a PIT permit on the Surgery service as it is not related to the specialty.
“... only be concerned with the supervised practice of medicine under a PIT permit. ”
Does conference attendance or observation count as internal moonlighting under a PIT permit?
Not for our purposes. TMB will only be concerned with the supervised practice of medicine under a PIT permit.
“... s well as report CME. The physician's practice of medicine must not include the provision of medical services for either direct or indirect compensation which has monetary value of any kind and the physician's practice is limited to voluntary charity care to indigent populations and receives no dire ... ”
Is there an exemption for retired physicians providing voluntary charity care?
Yes. A retired physician whose only clinical practice is the provision of voluntary charity care to indigent populations shall be exempt from the registration fee but must register the license as well as report CME. The physician's practice of medicine must not include the provision of medical services for either direct or indirect compensation which has monetary value of any kind and the physician's practice is limited to voluntary charity care to indigent populations and receives no direct or indirect compensation of any kind for medical services rendered. Also, the physician's practice cannot include the provision of medical services to family members or the self-prescribing of controlled substances or dangerous drugs. A physician who violates the provisions of this exemption may be subject to disciplinary action. Action may be based on unprofessional or dishonorable conduct likely to deceive, defraud, or injure the public if the physician engages in the compensated practice of medicine, provides medical services to members of the physician's family, or self-prescribes controlled substances or dangerous drugs. Additionally, a physician who attempts to obtain this exemption by submitting false or misleading statements shall be subject to disciplinary action pursuant to the Medical Practice Act, in addition to any civil or criminal actions provided for by the state or federal law.
“... this status is not an active license to practice medicine in Texas. However, a licensee with this status has maintained their registration requirements while the license is suspended, and should that suspension be lifted, the license can return to an active status without additional registration re ... ”
This physician’s profile shows “Suspended, Active”. How can a license be suspended and active at the same time?
The registration status “Suspended, Active” is a suspended status. A license in this status is not an active license to practice medicine in Texas. However, a licensee with this status has maintained their registration requirements while the license is suspended, and should that suspension be lifted, the license can return to an active status without additional registration requirements.
“... an would be liable for the unlicensed practice of medicine. ”
Are CRNA’s authorized to practice independent of physician supervision and delegation?
No, neither the Medical Practice Act nor the Nursing Practice Act authorize independent practice by a CRNA. Additionally, Texas Attorney General Opinion No. KP-0266 found “A certified registered nurse anesthetist does not possess independent authority to administer anesthesia without delegation by a physician.” (Page 5). Since the selection and administration of anesthesia is a medical act, CRNAs must be properly delegated this act by a physician. A CRNA who administers anesthesia without proper delegation from a physician would be liable for the unlicensed practice of medicine.