Texas Register Table of Contents
- 1 The Governor
- 1.0.1 Appointments Re:
- 1.0.1.1 Appointed to the Task Force on Infectious Disease Preparedness and Response for a term to expire at the pleasure of the Governor, Andrew R. Cortez.
- 1.0.1.2 Appointed to the Task Force on Infectious Disease Preparedness and Response for a term to expire at the pleasure of the Governor, Jack P. Franklin, Jr. M.D.
- 1.0.1.3 Appointed to the Texas Medical Board District Four Review Committee for a term to expire January 15, 2028, Glena W. Yates.
- 1.0.1.4 Appointed to the Texas Medical Board District Four Review Committee for a term to expire January 15, 2030, Mary K. “Kelly” Green, M.D.
- 1.0.1.5 Appointed to the Texas Medical Board District Four Review Committee for a term to expire January 15, 2030, John C. “Chris” Putnam, Ph.D.
- 1.0.1.6 Appointed to the Texas Medical Board District Four Review Committee for a term to expire January 15, 2030, Shirlene J. Samuel, D.O.
- 1.0.1.7 Appointed to the Texas Medical Board District One Review Committee for a term to expire January 15, 2028, Laurel E.P. Simmons.
- 1.0.1.8 Appointed to the Texas Medical Board District One Review Committee for a term to expire January 15, 2030, David D. Davila, D.O.
- 1.0.1.9 Appointed to the Texas Medical Board District One Review Committee for a term to expire January 15, 2030, Mark L. Hobson.
- 1.0.1.10 Appointed to the Texas Medical Board District One Review Committee for a term to expire January 15, 2030, Rajesh G. Shenava, M.D.
- 1.0.1.11 Appointed to the Board of the Texas Department of Motor Vehicles for a term to expire February 1, 2029, Mark G. Jones.
- 1.0.1 Appointments Re:
- 2 Texas Medical Board
- 2.0.1 Proposed Rules Re:
- 2.0.1.1 Amending 22 TAC §§160.1 – 160.5, 160.7 – 160.31, to repeal the current Chapters 160 and 161, and propose a new Chapter 160.
- 2.0.1.2 Amending 22 TAC §§160.1 – 160.7, to propose a new Chapter 160, which defines the terms used in the Board and explains the Board functions and duties, the Board roles, Board meeting procedures, and Board committees.
- 2.0.1.3 Amending 22 TAC §160.10, §160.11, to propose a new Chapter 160, which defines the Board rulemaking procedures.
- 2.0.1.4 Amending 22 TAC §§161.1 – 161.7, 161.10, 161.11, to repeal the current Chapter 161 and propose a new Chapter 161 concerning the sections under General Provisions.
- 2.0.1.5 Amending 22 TAC §161.1, to propose a new section that describes the application process’s criminal history evaluation process.
- 2.0.1.6 Amending 22 TAC §§161.5 – 161.7, to define terms and outline the licensure requirements and examinations required for a Texas medical license.
- 2.0.1.7 Amending 22 TAC §161.10, to define the requirements for U.S. and Canadian medical school graduates under S. 155.003 to receive licensure.
- 2.0.1.8 Amending 22 TAC §§161.15 – 161.17, to set forth specific licensure requirements for foreign medical graduates.
- 2.0.1.9 Amending 22 TAC §161.20, to describe the licensure process for military service members, veterans, and spouses.
- 2.0.1.10 Amending 22 TAC §161.25, to explain the applicability of sections of the Act concerning the processing of licensure applications.
- 2.0.1.11 Amending 22 TAC §161.30, §161.31, to explain the registration and renewal process for physician licenses, and certain renewal exceptions for military service members, retired physicians, and voluntary charity care physicians.
- 2.0.1.12 Amending 22 TAC §161.35, to explain the continuing medical education requirements physicians must meet for license renewal.
- 2.0.1.13 Amending 22 TAC §161.40, to explain that all practicing physicians in Texas must have a Texas medical license (with limited exceptions).
- 2.0.1.14 Amending 22 TAC §§161.45 – 161.47, to seeking different types of licenses, including conceded eminence, administrative medicine, and military volunteer licenses.
- 2.0.1.15 Amending 22 TAC §§161.50 – 161.52, to explain the purpose, requirements, and application process for temporary licenses.
- 2.0.1.16 Amending 22 TAC §§161.55 – 161.58, to explain the purpose, requirements, application process, and duties of training permits, including Physician-In-Training Permits (PITs) and Rotator PITS.
- 2.0.1.17 Amending 22 TAC §161.65, to explain the requirements and application process for board approval of fellowships.
- 2.0.1.18 Amending 22 TAC §§161.70 – 161.73, to explain licensure requirements and procedures in the event of a disaster or emergency.
- 2.0.1.19 Amending 22 TAC §162.1, §162.2, to repeal the current Chapter 162, concerning the supervision of medical students.
- 2.0.1.20 Amending 22 TAC §162.1, §162.2, to propose a new section that provides the requirements of physician’s public profiles.
- 2.0.1.21 Amending 22 TAC §§163.1 – 163.6, 163.8 – 163.11, 163.13, to repeal the current Chapter 163 concerning licensure.
- 2.0.1.22 Amending 22 TAC §§163.1 – 163.5, to set forth the required information in a medical record, the period to retain medical records, provision of medical records, notice requirements, and abortion-specific documentation requirements.
- 2.0.1.23 Amending 22 TAC §§163.10 – 163.13, to set forth abortion-specific documentation requirements.
- 2.0.1.24 Amending 22 TAC §§164.1 – 164.6, to repeal the current Chapter 164 concerning physician advertising.
- 2.0.1.25 Amending 22 TAC §§164.1 – 164.4, to outline requirements for physician advertising and describing what is permissible or prohibited.
- 2.0.1.26 Amending 22 TAC §§165.1 – 165.9, to repeal the current Chapter 164, concerning medical records.
- 2.0.1.27 Amending 22 TAC §§166.1 – 166.7, to repeal the current Chapter 166, concerning physician registration.
- 2.0.1.28 Amending 22 TAC §§167.1 – 167.8, to repeal the current Chapter 167 concerning reinstatement and reissuance.
- 2.0.1.29 Amending 22 TAC §168.1, §168.2, to repeal the current Chapter 168, concerning Criminal History Evaluation Letters.
- 2.0.1.30 Amending 22 TAC §168.1, §168.2, to repeal the current Chapter 169, concerning the authority of physicians to supply drugs.
- 2.0.1.31 Amending 22 TAC §169.1, §169.2, to define the terms and explain physician requirements when delegating any medical act.
- 2.0.1.32 Amending 22 TAC §169.5, to explain physician requirements when delegating medical acts to a physician assistant or advanced practice registered nurse.
- 2.0.1.33 Amending 22 TAC §§169.10 – 169.15, to define medical supervision and explain the requirements, responsibilities, and limitations of medical director qualifications, responsibilities, and the presence of a physician at a medical emergency.
- 2.0.1.34 Amending 22 TAC §169.20, to explain the general standards expected when a physician delegates medical orders to a licensed pharmacist in Texas.
- 2.0.1.35 Amending 22 TAC §§169.25 – 169.28, to explain the responsibilities of delegating physicians for other medical procedures.
- 2.0.1.36 Amending 22 TAC §§170.1 – 170.3, to repeal the current Chapter 170 concerning the prescription of controlled substances.
- 2.0.1.37 Amending 22 TAC §§170.1 – 170.3, to explain the standards required by a physician who administers or provides for the use of investigational agents, drugs, biological products, or devices.
- 2.0.1.38 Amending 22 TAC §§170.4 – 170.8, to explain standards required of a physician who administers or provides for the use of Investigational Stem Cell treatments in patients.
- 2.0.1.39 Amending 22 TAC §170.9, to explain standards required of a physician who uses a prescription monitoring program check.
- 2.0.1.40 Amending 22 TAC §170.10, to explain standards required of a physician who electronically administers or provides for the use of controlled substances.
- 2.0.1.41 Amending 22 TAC §170.1, to set forth the standards for use of investigational drugs, biological products, or devices.
- 2.0.1.42 Amending 22 TAC §170.5, §170.6, to set forth the standards for use of stem cell treatments with certain severe chronic diseases or terminal illnesses.
- 2.0.1.43 Amending 22 TAC §§171.1 – 171.6, to repeal the current Chapter 171, concerning postgraduate training Permits, §§171.1 – 171.6.
- 2.0.1.44 Amending 22 TAC §§171.1 – 171.6, to define the terms used in the chapter and detail the required written consent disclosure form required prior to the use of complementary or alternative medicine.
- 2.0.1.45 Amending 22 TAC §172.1, §172.2, to repeal the subchapter A, concerning general provisions and definitions.
- 2.0.1.46 Amending 22 TAC §§172.3 – 172.11, to repeal the subchapter B, concerning temporary licenses.
- 2.0.1.47 Amending 22 TAC §§172.12, 172.13, 172.15 – 172.19, to repeal subchapter C, concerning limited license.
- 2.0.1.48 Amending 22 TAC §172.20, §172.21, to repeal subchapter D, concerning disaster emergency rules.
- 2.0.1.49 Amending 22 TAC §§172.1 – 172.5, to outline the requirements of a pain management clinic registration, and the eligibility criteria and application process; minimal operational standards, and regulatory scheme for Gold Practice designation.
- 2.0.1.50 Amending 22 TAC §§173.1 – 173.5, 173.7, to repeal the current Chapter 173, concerning physician profiles.
- 2.0.1.51 Amending 22 TAC §§173.1 – 173.5, to explain the minimal equipment requirements when providing anesthesia services in an outpatient setting, specific requirements for the provision of higher levels of anesthesia services, registration requirements, and inspections.
- 2.0.1.52 Amending 22 TAC §§174.1 – 174.8, to repeal the current subchapter A, concerning telemedicine.
- 2.0.1.53 Amending 22 TAC §174.1, §174.2, to describe the process of certification of a Non-Profit Health Organization.
- 2.0.1.54 Amending 22 TAC §174.9, to repeal the current subchapter B, concerning mental health services.
- 2.0.1.55 Amending 22 TAC §174.5, to provide the requirements for the Physician and Physician Assistant’s joint ownership.
- 2.0.1.56 Amending 22 TAC §174.10, to set forth the minimum requirements for a physician’s call coverage agreement to another physician.
- 2.0.1.57 Amending 22 TAC §§175.1 – 175.5, to repeal the current Chapter 175, concerning fees and penalties.
- 2.0.1.58 Amending 22 TAC §§175.1 – 175.3, to explain the practicing requirements of a physician providing telemedicine in Teas.
- 2.0.1.59 Amending 22 TAC §§176.1 – 176.9, to repeal the current Chapter 176, concerning health care liability lawsuits and settlements.
- 2.0.1.60 Amending 22 TAC §176.1, §176.2, to explain the content requirements and process for reporting healthcare liability and malpractice claims to the board.
- 2.0.1.61 Amending 22 TAC §177.1, to repeal the current subchapter A, concerning definitions.
- 2.0.1.62 Amending 22 TAC §§177.2 – 177.13, to repeal the current subchapter B, concerning non-profit health organizations.
- 2.0.1.63 Amending 22 TAC §§177.14 – 177.16, to repeal the current subchapter C, concerning jointly owned entities.
- 2.0.1.64 Amending 22 TAC §177.17, to repeal the current subchapter concerning the employment of physicians.
- 2.0.1.65 Amending 22 TAC §177.18, §177.20, to repeal the current subchapter concerning physician call coverage medical services.
- 2.0.1.66 Amending 22 TAC §§177.1 – 177.3, to require the positing of information on the requirements and process to file complaints.
- 2.0.1.67 Amending 22 TAC §§177.10 – 177.13, to explain the process to conduct a preliminary investigation and to appeal the dismissal of a complaint.
- 2.0.1.68 Amending 22 TAC §177.20, §177.21, to explain the general qualifications to act as an expert reviewer for the board and the selection and assignment process of expert reviewers.
- 2.0.1.69 Amending 22 TAC §§178.1 – 178.9, to repeal the current Chapter 178, concerning complaints.
- 2.0.1.70 Amending 22 TAC §§179.1 – 179.8, to repeal the current Chapter 179, concerning investigations.
- 2.0.1.71 Amending 22 TAC §179.1, to define the terms used in the new chapter.
- 2.0.1.72 Amending 22 TAC §179.5, to explain the board’s mandatory reporting when related to board actions.
- 2.0.1.73 Amending 22 TAC §179.10, to explain the process utilized by the board for potential disposition of certain complaints prior to the convening of an Informal Settlement Conference (ISC).
- 2.0.1.74 Amending 22 TAC §179.15, §179.16, to explain the content of the notice of the ISC to a licensee.
- 2.0.1.75 Amending 22 TAC §179.20, to explain the opportunity for a licensee to attend and provide oral argument to the board.
- 2.0.1.76 Amending 22 TAC §179.25, §179.26, to explain the process when the board has reason to believe a licensee is a “continuing threat.”
- 2.0.1.77 Amending 22 TAC §179.30, to explains the difference between an initial and final criminal conviction.
- 2.0.1.78 Amending 22 TAC §179.35, to explain the board’s procedures when analyzing the unlicensed practice of a regulated profession.
- 2.0.1.79 Amending 22 TAC §179.40, to explain the process when the board investigates complaints of bad faith participation and other consumer complaints in out-of-network billing cases.
- 2.0.1.80 Amending 22 TAC §§180.1 – 180.4, to repeal the current Chapter 180, concerning the Texas Physician Health Program.
- 2.0.1.81 Amending 22 TAC §180.1, to outline the acts, practices and conduct that are violations of the Medical Practice Act.
- 2.0.1.82 Amending 22 TAC §180.5, to provide guidance on assessing remedial action or sanctions for violations of the Medical Practice Act.
- 2.0.1.83 Amending 22 TAC §§181.1 – 181.7, to repeal the current Chapter 181, concerning contact lens prescriptions.
- 2.0.1.84 Amending 22 TAC §§181.1 – 181.8, to outline the general compliance requirements for licensees subject to board action.
- 2.0.1.85 Amending 22 TAC §§182.1, 182.3, 182.5, 182.8, to repeal the current Chapter 182, concerning the use of experts.
- 2.0.1.86 Amending 22 TAC §§182.1 – 182.4, to explain the process of appointing and removing members of the Governing Board and Physician Health and Rehabilitation Advisory Committee, the Texas Physician Health Program’s (PHP) operation; and the process for accepting gifts, grants, and donations to the Governing Board.
- 2.0.1.87 Amending 22 TAC §§183.1 – 183.27, to repeal of current Chapter 183, concerning acupuncture.
- 2.0.1.88 Amending 22 TAC §§183.1 – 183.5, to explain the functions and duties of the Physician Assistant Board and its members.
- 2.0.1.89 Amending 22 TAC §§183.10 – 183.17, to outline the general standards for licensure for a Physicians Assistants license
- 2.0.1.90 Amending 22 TAC §183.20, §183.21, to state the reporting requirements of a license holder and specific requirements for physicians assistants responsible for performing radiologic procedures.
- 2.0.1.91 Amending 22 TAC §183.25, to explains the applicable rules applied to complaints and investigations, disciplinary guidelines and sanctions, and compliance.
- 2.0.1.92 Amending 22 TAC §§184.1 – 184.9, 184.12 – 184.26, to repeal the current Chapter 184, concerning surgical assistants.
- 2.0.1.93 Amending 22 TAC §§184.1 – 184.4, to explain the function and duties of the Board and its members.
- 2.0.1.94 Amending 22 TAC §§184.10 – 184.19, to outline the general standards for licensure for a Texas acupuncture license.
- 2.0.1.95 Amending 22 TAC §§184.25 – 184.27, to outline the general requirements for keeping and maintaining adequate patient records, including retention periods.
- 2.0.1.96 Amending 22 TAC §184.30, to explain the applicable rules applied to complaints and investigations, disciplinary guidelines and sanctions, and compliance.
- 2.0.1.97 Amending 22 TAC §§184.35 – 184.37, to outline the general requirements and process for certification to perform acudetox, including acupuncture certificate renewal.
- 2.0.1.98 Amending 22 TAC §§185.1 – 185.33, to repeal the current Chapter 185, concerning physician assistants.
- 2.0.1.99 Amending 22 TAC §§185.1 – 185.11, to outline the general requirements for licensure for a Surgical Assistants license.
- 2.0.1.100 Amending 22 TAC §§186.1 – 186.14, 186.16 – 186.30, to repeal the current Chapter 186, concerning respiratory care practitioners.
- 2.0.1.101 Amending 22 TAC §§186.1 – 186.4, to explain the functions and duties of the Board and its members.
- 2.0.1.102 Amending 22 TAC §§186.10 – 186.21, to outline the Radiologist Assistant requirements for certification.
- 2.0.1.103 Amending 22 TAC §§186.25 – 186.32, to outlines specific documentation and payment of fee requirements that an NCT must provide in order to qualify for an NCT certification.
- 2.0.1.104 Amending 22 TAC §186.40, §186.41, to explain the hardship exemption qualifications that a practitioner or hospital may qualify for if it meets specific outlined criteria.
- 2.0.1.105 Amending 22 TAC §186.45, to outline the LMRT and NCT accreditation of education programs and instructors.
- 2.0.1.106 Amending 22 TAC §186.50, §186.51, to explain the applicable rules applied to complaints and investigations, disciplinary guidelines and sanctions, and compliance.
- 2.0.1.107 Amending 22 TAC §§187.1 – 187.9, to repeal the current subchapter A, concerning general provisions and definitions.
- 2.0.1.108 Amending 22 TAC §§187.10, 187.11, 187.13 – 187.16, 187.18 – 187.21, to repeal the current subchapter B, concerning informal board proceedings.
- 2.0.1.109 Amending 22 TAC §§187.22 – 187.31, 187.33, to repeal the current subchapter C, concerning formal board proceedings at SOAH.
- 2.0.1.110 Amending 22 TAC §§187.35 – 187.37, 187.39, 187.42, to repeal the current subchapter D, concerning formal board proceedings.
- 2.0.1.111 Amending 22 TAC §§187.43 – 187.45, to repeal the current subchapter E, concerning proceedings relating to probationers.
- 2.0.1.112 Amending 22 TAC §§187.55 – 187.62, to repeal the current subchapter F, concerning the temporary suspension and restriction proceedings.
- 2.0.1.113 Amending 22 TAC §§187.70 – 187.72, to repeal the current subchapter G, concerning suspension by the operation of law.
- 2.0.1.114 Amending 22 TAC §§187.75 – 187.82, to repeal the current subchapter H, concerning the imposition of administrative penalties.
- 2.0.1.115 Amending 22 TAC §187.83, §187.84, to repeal the current subchapter I, concerning proceedings for cease and desist orders.
- 2.0.1.116 Amending 22 TAC §§187.85 – 187.89, to repeal the current subchapter J, concerning procedures related to out-of-network health benefit claim dispute resolution.
- 2.0.1.117 Amending 22 TAC §§187.1 – 187.4, to explain the functions and duties of the Board and its members.
- 2.0.1.118 Amending 22 TAC §§187.10 – 187.17, to outline the general requirements for licensure for a Respiratory Care Practitioners certification.
- 2.0.1.119 Amending 22 TAC §187.20, to explain the requirements related to a Respiratory Care Practitioner licensed by the Advisory Board to report any event listed in §162.2(b)(1) through (7) of this title within 10 days after the event.
- 2.0.1.120 Amending 22 TAC §187.25, §187.26, to explain the applicable rules applied to complaints and investigations, disciplinary guidelines and sanctions, and compliance.
- 2.0.1.121 Amending 22 TAC §§188.1 – 188.15, 188.17 – 188.24, 188.26, 188.28 – 188.30, to repeal the current Chapter 188, concerning perfusionists.
- 2.0.1.122 Amending 22 TAC §§188.1 – 188.14, to outline the general licensure requirements for a Texas Perfusionist license.
- 2.0.1.123 Amending 22 TAC §§189.1 – 189.13, to repeal the current Chapter 189, concerning the compliance program.
- 2.0.1.124 Amending 22 TAC §§189.1 – 189.16, to outline the general requirements and specific documentation necessary for an applicant to obtain a Medical Physicist license.
- 2.0.1.125 Amending 22 TAC §190.1, §190.2, to repeal the current subchapter A, concerning general provision.
- 2.0.1.126 Amending 22 TAC §190.8, to repeal the current subchapter B, concerning violation guidelines.
- 2.0.1.127 Amending 22 TAC §190.14, §190.15, to repeal the current subchapter C, concerning sanction guidelines.
- 2.0.1.128 Amending 22 TAC §190.16, to repeal the current subchapter D, concerning administrative penalties.
- 2.0.1.129 Amending 22 TAC §§192.1 – 192.6, to repeal the current Chapter 192, concerning office-based anesthesia services.
- 2.0.1.130 Amending 22 TAC §§193.1 – 193.13, to repeal the current Chapter 193, concerning standing delegation orders.
- 2.0.1.131 Amending 22 TAC §§194.1 – 194.13, 194.15 – 194.34, to repeal the current subchapter A, concerning certificate holders, non-certified technicians, and other authorized individuals or entities.
- 2.0.1.132 Amending 22 TAC §§195.1 – 195.5, to repeal the current Chapter 195, concerning pain management clinics.
- 2.0.1.133 Amending 22 TAC §§197.1 – 197.7, to repeal the current Chapter 197, concerning emergency medical services.
- 2.0.1.134 Amending 22 TAC §§198.1 – 198.4, to repeal the current subchapter A, concerning the standards for use of investigational drugs, biological products, or devices.
- 2.0.1.135 Amending 22 TAC §198.5, §198.6, to repeal the current subchapter B, concerning investigational stem cell treatments for patients with certain severe chronic diseases or terminal illnesses.
- 2.0.1.136 Amending 22 TAC §§200.1 – 200.3, to repeal the current Chapter 200, concerning the standards for physicians practicing complementary and alternative medicine.
- 2.0.1 Proposed Rules Re:
- 3 Texas Department of State Health Services
- 4 Texas Health and Human Services Commission
- 4.0.1 Adopted Rules Re:
- 4.0.1.1 Adopting 26 TAC §550.1, §550.5, to replace references to DADS, update wording, and delete definitions made obsolete by organizational changes.
- 4.0.1.2 Adopting 26 TAC §§550.101 – 550.106, 550.108 – 550.115, 550.118 – 550.123, to update processes, update outdated references to DADS, and delete obsolete portions.
- 4.0.1.3 Adopting 26 TAC §§550.202, 550.203, 550.205 – 550.207, 550.210, 550.211, to update outdated references to DADS and update processes.
- 4.0.1.4 Adopting 26 TAC §§550.301, 550.303 – 550.306, 550.308 – 550.311, to update outdated references to DADS and updates processes.
- 4.0.1.5 Adopting 26 TAC §§550.402 – 550.406, 550.409 – 550.411, 550.413, 550.415, 550.417, 550.418, to correct terms and grammatical errors.
- 4.0.1.6 Adopting 26 TAC §§550.504, 550.506 – 550.508, 550.510, 550.511, to update outdated references.
- 4.0.1.7 Adopting 26 TAC §§550.601 – 550.608, to update outdated references, add language for clarity, and correct grammatical errors.
- 4.0.1.8 Adopting 26 TAC §§550.701, 550.703, 550.705, 550.707, to correct grammatical errors, update outdated references, and add language for clarity.
- 4.0.1.9 Adopting 26 TAC §550.802, §550.803, to update wording for active voice and update outdated references to DADS.
- 4.0.1.10 Adopting 26 TAC §§550.901 – 550.906, to update outdated references, update processes, and correct grammatical mistakes.
- 4.0.1.11 Adopting 26 TAC §§550.1001 – 550.1003, to update outdated references, correct grammatical errors, and reword language for clarity.
- 4.0.1.12 Adopting 26 TAC §550.1101, §550.1102, to clarify which staff may accompany minors during transportation and how that is determined.
- 4.0.1.13 Adopting 26 TAC §§550.1202 – 550.1204, 550.1206, 550.1207, 550.1211, 550.1215, 550.1217 – 550.1220, 550.1222, 550.1224, to update outdated references to DADS, reword language for clarity, and correct grammatical errors.
- 4.0.1.14 Adopting 26 TAC §§550.1301 – 550.1305, to update outdated references to DADS.
- 4.0.1.15 Adopting 26 TAC §§550.1401 – 550.1408, to update outdated references to DADS and correct grammatical errors.
- 4.0.2 Proposed Rule Reviews Re:
- 4.0.3 Adopted Rule Reviews Re:
- 4.0.4 In Addition Re:
- 4.0.1 Adopted Rules Re:
The Governor
Appointments Re:
Appointed to the Task Force on Infectious Disease Preparedness and Response for a term to expire at the pleasure of the Governor, Andrew R. Cortez.
Appointed to the Task Force on Infectious Disease Preparedness and Response for a term to expire at the pleasure of the Governor, Jack P. Franklin, Jr. M.D.
Appointed to the Texas Medical Board District Four Review Committee for a term to expire January 15, 2028, Glena W. Yates.
Appointed to the Texas Medical Board District Four Review Committee for a term to expire January 15, 2030, Mary K. “Kelly” Green, M.D.
Appointed to the Texas Medical Board District Four Review Committee for a term to expire January 15, 2030, John C. “Chris” Putnam, Ph.D.
Appointed to the Texas Medical Board District Four Review Committee for a term to expire January 15, 2030, Shirlene J. Samuel, D.O.
Appointed to the Texas Medical Board District One Review Committee for a term to expire January 15, 2028, Laurel E.P. Simmons.
Appointed to the Texas Medical Board District One Review Committee for a term to expire January 15, 2030, David D. Davila, D.O.
Appointed to the Texas Medical Board District One Review Committee for a term to expire January 15, 2030, Mark L. Hobson.
Appointed to the Board of the Texas Department of Motor Vehicles for a term to expire February 1, 2029, Mark G. Jones.
Texas Medical Board
Proposed Rules Re:
Amending 22 TAC §§160.1 – 160.5, 160.7 – 160.31, to repeal the current Chapters 160 and 161, and propose a new Chapter 160.
CHAPTER 160. MEDICAL PHYSICISTS
22 TAC §§160.1 – 160.5, 160.7 – 160.31
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 160, concerning Medical Physicists, §§160.1 – 160.5 and §§160.7 – 160.31.
The Board also proposes new Chapter 160, concerning General Provisions, §§160.1 – 160.7, 160.10 and 160.11.
Also, the Board contemporaneously proposes the repeal of current Chapter 161, concerning General Provisions, §§161.1 – 161.7, 161.10, and 161.11.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, the repeal of Chapter 160 is more efficient than proposing multiple amendments to make the required changes.
Amending 22 TAC §§160.1 – 160.7, to propose a new Chapter 160, which defines the terms used in the Board and explains the Board functions and duties, the Board roles, Board meeting procedures, and Board committees.
CHAPTER 160. GENERAL PROVISIONS
SUBCHAPTER A. GENERAL
22 TAC §§160.1 – 160.7
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 160, concerning Medical Physicists, §§160.1 – 160.5 and §§160.7 – 160.31.
The Board also proposes new Chapter 160, concerning General Provisions, §§160.1 – 160.7, 160.10 and 160.11.
Also, the Board contemporaneously proposes the repeal of current Chapter 161, concerning General Provisions, §§161.1 – 161.7, 161.10, and 161.11.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, the repeal of Chapter 160 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §160.1, Definitions, defines terms used throughout the Boards rules.
New §160.2, Functions and Duties, explains the functions and duties of the Board and its members.
New §160.3, Officers of the Board, explains the roles and duties of the Board President, Vice-President, and Secretary-Treasurer.
New §160.4, Meetings, explains how Board meetings are conducted.
New §160.5, Committees, explains the four standing committees of the Board. It also explains when other committees may be appointed.
New §160.6, District Review Committees, explains the four districts of the Board established by the Medical Practice Act, as well as the Texas counties belonging to each.
New §160.7, Memorandum of Understanding with Texas Physician Health Program, explains the authority for the agreement between the Board and the Texas Physician Health Program (TX PHP).
Amending 22 TAC §160.10, §160.11, to propose a new Chapter 160, which defines the Board rulemaking procedures.
CHAPTER 160. GENERAL PROVISIONS
SUBCHAPTER B. RULEMAKING.
22 TAC §160.10, §160.11
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 160, concerning Medical Physicists, §§160.1 – 160.5 and §§160.7 – 160.31.
The Board also proposes new Chapter 160, concerning General Provisions, §§160.1 – 160.7, 160.10 and 160.11.
Also, the Board contemporaneously proposes the repeal of current Chapter 161, concerning General Provisions, §§161.1 – 161.7, 161.10, and 161.11.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, the repeal of Chapter 160 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §160.10, Petition for Rulemaking, describes the process used by the Board when a member of the public initiates a petition for rulemaking under the Administrative Procedures Act.
New §160.11, Input in Rulemaking, describes public input in the Board’s rulemaking process.
Amending 22 TAC §§161.1 – 161.7, 161.10, 161.11, to repeal the current Chapter 161 and propose a new Chapter 161 concerning the sections under General Provisions.
CHAPTER 161. GENERAL PROVISIONS
22 TAC §§161.1 – 161.7, 161.10, 161.11
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 161, concerning General Provisions, 22 TAC §§161.1 – 161.7, 161.10 and 161.11.
The Board also proposes new Chapter 161, concerning Physician Licensure. This includes new Subchapter A, concerning Pre-Licensure Criminal History Evaluations, §161.1; Subchapter B, concerning General Licensure Requirements, §§161.5 – 161.7; Subchapter C, concerning U.S. and Canadian Medical Graduates, §161.10; Subchapter D, concerning Foreign Medical Graduates, §§161.15 – 161.17; Subchapter E, concerning Licensure For Military Service Members, Veterans, and Spouses, §161.20; Subchapter F, concerning Application Procedure, §161.25; Subchapter G, concerning Registration of License, §161.30 and §161.31; Subchapter H, concerning Continuing Medical Education Requirements for License Renewal, §161.35; Subchapter I, concerning Full Medical License, §161.40; Subchapter J, concerning Limited Licenses, §§161.45 – 161.47; Subchapter K, concerning Temporary Licenses, §§161.50 – 161.52; Subchapter L, concerning Physician-In-Training Permits, §§161.55 – 161.58; Subchapter M, concerning Fellowship Program Approval, §161.65; and Subchapter N, concerning Emergency Practice Authorization, §§161.70 – 161.73.
Also, the Board contemporaneously proposes the repeal of the following current chapters:
Chapter 163, concerning Licensure, §§163.1 – 163.6, 163.8 – 163.11, and 163.13;
Chapter 166, concerning Physician Registration, §§166.1 – 166.7;
Chapter 167, concerning Reinstatement and Reissuance, §§167.1 – 167.8;
Chapter 168, concerning Criminal History Evaluation Letters, §168.1, and §168.2;
Chapter 171, concerning Postgraduate Training Permits, §§171.1 – 171.6;
Chapter 172, concerning Temporary And Limited Licenses. This includes Subchapter A, concerning General Provisions and Definitions, §172.1, and §172.2; Subchapter B, concerning Temporary Licenses, §§172.3 – 172.11; Subchapter C, concerning Limited Licenses, §§172.12, 172.13, 172.15 – 172.19; and Subchapter D, concerning Disaster Emergency Rule, §172.20 and §172.21; and
Chapter 175, concerning Fees and Penalties, §§175.1 – 175.5.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 161 is more efficient than proposing multiple amendments to make the required changes.
Amending 22 TAC §161.1, to propose a new section that describes the application process’s criminal history evaluation process.
CHAPTER 161. PHYSICIAN LICENSURE
SUBCHAPTER A. PRE-LICENSURE CRIMINAL HISTORY EVALUATIONS
22 TAC §161.1
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 161, concerning General Provisions, 22 TAC §§161.1 – 161.7, 161.10 and 161.11.
The Board also proposes new Chapter 161, concerning Physician Licensure. This includes new Subchapter A, concerning Pre-Licensure Criminal History Evaluations, §161.1; Subchapter B, concerning General Licensure Requirements, §§161.5 – 161.7; Subchapter C, concerning U.S. and Canadian Medical Graduates, §161.10; Subchapter D, concerning Foreign Medical Graduates, §§161.15 – 161.17; Subchapter E, concerning Licensure For Military Service Members, Veterans, and Spouses, §161.20; Subchapter F, concerning Application Procedure, §161.25; Subchapter G, concerning Registration of License, §161.30 and §161.31; Subchapter H, concerning Continuing Medical Education Requirements for License Renewal, §161.35; Subchapter I, concerning Full Medical License, §161.40; Subchapter J, concerning Limited Licenses, §§161.45 – 161.47; Subchapter K, concerning Temporary Licenses, §§161.50 – 161.52; Subchapter L, concerning Physician-In-Training Permits, §§161.55 – 161.58; Subchapter M, concerning Fellowship Program Approval, §161.65; and Subchapter N, concerning Emergency Practice Authorization, §§161.70 – 161.73.
Also, the Board contemporaneously proposes the repeal of the following current chapters:
Chapter 163, concerning Licensure, §§163.1 – 163.6, 163.8 – 163.11, and 163.13;
Chapter 166, concerning Physician Registration, §§166.1 – 166.7;
Chapter 167, concerning Reinstatement and Reissuance, §§167.1 – 167.8;
Chapter 168, concerning Criminal History Evaluation Letters, §168.1, and §168.2;
Chapter 171, concerning Postgraduate Training Permits, §§171.1 – 171.6;
Chapter 172, concerning Temporary And Limited Licenses. This includes Subchapter A, concerning General Provisions and Definitions, §172.1, and §172.2; Subchapter B, concerning Temporary Licenses, §§172.3 – 172.11; Subchapter C, concerning Limited Licenses, §§172.12, 172.13, 172.15 – 172.19; and Subchapter D, concerning Disaster Emergency Rule, §172.20 and §172.21; and
Chapter 175, concerning Fees and Penalties, §§175.1 – 175.5.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 161 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §161.1, Pre-Licensure Criminal History Evaluation, describes the process for a potential applicant to obtain a criminal history evaluation letter to determine potential ineligibility for a license.
Amending 22 TAC §§161.5 – 161.7, to define terms and outline the licensure requirements and examinations required for a Texas medical license.
CHAPTER 161. PHYSICIAN LICENSURE
SUBCHAPTER B. GENERAL LICENSURE REQUIREMENTS
22 TAC §§161.5 – 161.7
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 161, concerning General Provisions, 22 TAC §§161.1 – 161.7, 161.10 and 161.11.
The Board also proposes new Chapter 161, concerning Physician Licensure. This includes new Subchapter A, concerning Pre-Licensure Criminal History Evaluations, §161.1; Subchapter B, concerning General Licensure Requirements, §§161.5 – 161.7; Subchapter C, concerning U.S. and Canadian Medical Graduates, §161.10; Subchapter D, concerning Foreign Medical Graduates, §§161.15 – 161.17; Subchapter E, concerning Licensure For Military Service Members, Veterans, and Spouses, §161.20; Subchapter F, concerning Application Procedure, §161.25; Subchapter G, concerning Registration of License, §161.30 and §161.31; Subchapter H, concerning Continuing Medical Education Requirements for License Renewal, §161.35; Subchapter I, concerning Full Medical License, §161.40; Subchapter J, concerning Limited Licenses, §§161.45 – 161.47; Subchapter K, concerning Temporary Licenses, §§161.50 – 161.52; Subchapter L, concerning Physician-In-Training Permits, §§161.55 – 161.58; Subchapter M, concerning Fellowship Program Approval, §161.65; and Subchapter N, concerning Emergency Practice Authorization, §§161.70 – 161.73.
Also, the Board contemporaneously proposes the repeal of the following current chapters:
Chapter 163, concerning Licensure, §§163.1 – 163.6, 163.8 – 163.11, and 163.13;
Chapter 166, concerning Physician Registration, §§166.1 – 166.7;
Chapter 167, concerning Reinstatement and Reissuance, §§167.1 – 167.8;
Chapter 168, concerning Criminal History Evaluation Letters, §168.1, and §168.2;
Chapter 171, concerning Postgraduate Training Permits, §§171.1 – 171.6;
Chapter 172, concerning Temporary And Limited Licenses. This includes Subchapter A, concerning General Provisions and Definitions, §172.1, and §172.2; Subchapter B, concerning Temporary Licenses, §§172.3 – 172.11; Subchapter C, concerning Limited Licenses, §§172.12, 172.13, 172.15 – 172.19; and Subchapter D, concerning Disaster Emergency Rule, §172.20 and §172.21; and
Chapter 175, concerning Fees and Penalties, §§175.1 – 175.5.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 161 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §161.5, Definitions, defines terms used throughout new Chapter 161.
New §161.6, General Requirements for Licensure, outlines the general requirements for licensure for a Texas medical license.
New §161.7, Examination Requirements, outlines the examinations required for licensure, in accordance with Sections 155.051, 155.0511 and 155.054 of the Medical Practice Act (“the Act”).
Amending 22 TAC §161.10, to define the requirements for U.S. and Canadian medical school graduates under S. 155.003 to receive licensure.
CHAPTER 161. PHYSICIAN LICENSURE
SUBCHAPTER C. U.S. AND CANADIAN MEDICAL GRADUATES
22 TAC §161.10
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 161, concerning General Provisions, 22 TAC §§161.1 – 161.7, 161.10 and 161.11.
The Board also proposes new Chapter 161, concerning Physician Licensure. This includes new Subchapter A, concerning Pre-Licensure Criminal History Evaluations, §161.1; Subchapter B, concerning General Licensure Requirements, §§161.5 – 161.7; Subchapter C, concerning U.S. and Canadian Medical Graduates, §161.10; Subchapter D, concerning Foreign Medical Graduates, §§161.15 – 161.17; Subchapter E, concerning Licensure For Military Service Members, Veterans, and Spouses, §161.20; Subchapter F, concerning Application Procedure, §161.25; Subchapter G, concerning Registration of License, §161.30 and §161.31; Subchapter H, concerning Continuing Medical Education Requirements for License Renewal, §161.35; Subchapter I, concerning Full Medical License, §161.40; Subchapter J, concerning Limited Licenses, §§161.45 – 161.47; Subchapter K, concerning Temporary Licenses, §§161.50 – 161.52; Subchapter L, concerning Physician-In-Training Permits, §§161.55 – 161.58; Subchapter M, concerning Fellowship Program Approval, §161.65; and Subchapter N, concerning Emergency Practice Authorization, §§161.70 – 161.73.
Also, the Board contemporaneously proposes the repeal of the following current chapters:
Chapter 163, concerning Licensure, §§163.1 – 163.6, 163.8 – 163.11, and 163.13;
Chapter 166, concerning Physician Registration, §§166.1 – 166.7;
Chapter 167, concerning Reinstatement and Reissuance, §§167.1 – 167.8;
Chapter 168, concerning Criminal History Evaluation Letters, §168.1, and §168.2;
Chapter 171, concerning Postgraduate Training Permits, §§171.1 – 171.6;
Chapter 172, concerning Temporary And Limited Licenses. This includes Subchapter A, concerning General Provisions and Definitions, §172.1, and §172.2; Subchapter B, concerning Temporary Licenses, §§172.3 – 172.11; Subchapter C, concerning Limited Licenses, §§172.12, 172.13, 172.15 – 172.19; and Subchapter D, concerning Disaster Emergency Rule, §172.20 and §172.21; and
Chapter 175, concerning Fees and Penalties, §§175.1 – 175.5.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 161 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §161.10, Specific Requirements for U.S. and Canadian Medical School Graduates, explains that all U.S. and Canadian medical school graduates must the requirements set forth in Section 155.003 of the Act for licensure.
Amending 22 TAC §§161.15 – 161.17, to set forth specific licensure requirements for foreign medical graduates.
CHAPTER 161. PHYSICIAN LICENSURE
SUBCHAPTER D. FOREIGN MEDICAL GRADUATES
22 TAC §§161.15 – 161.17
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 161, concerning General Provisions, 22 TAC §§161.1 – 161.7, 161.10 and 161.11.
The Board also proposes new Chapter 161, concerning Physician Licensure. This includes new Subchapter A, concerning Pre-Licensure Criminal History Evaluations, §161.1; Subchapter B, concerning General Licensure Requirements, §§161.5 – 161.7; Subchapter C, concerning U.S. and Canadian Medical Graduates, §161.10; Subchapter D, concerning Foreign Medical Graduates, §§161.15 – 161.17; Subchapter E, concerning Licensure For Military Service Members, Veterans, and Spouses, §161.20; Subchapter F, concerning Application Procedure, §161.25; Subchapter G, concerning Registration of License, §161.30 and §161.31; Subchapter H, concerning Continuing Medical Education Requirements for License Renewal, §161.35; Subchapter I, concerning Full Medical License, §161.40; Subchapter J, concerning Limited Licenses, §§161.45 – 161.47; Subchapter K, concerning Temporary Licenses, §§161.50 – 161.52; Subchapter L, concerning Physician-In-Training Permits, §§161.55 – 161.58; Subchapter M, concerning Fellowship Program Approval, §161.65; and Subchapter N, concerning Emergency Practice Authorization, §§161.70 – 161.73.
Also, the Board contemporaneously proposes the repeal of the following current chapters:
Chapter 163, concerning Licensure, §§163.1 – 163.6, 163.8 – 163.11, and 163.13;
Chapter 166, concerning Physician Registration, §§166.1 – 166.7;
Chapter 167, concerning Reinstatement and Reissuance, §§167.1 – 167.8;
Chapter 168, concerning Criminal History Evaluation Letters, §168.1, and §168.2;
Chapter 171, concerning Postgraduate Training Permits, §§171.1 – 171.6;
Chapter 172, concerning Temporary And Limited Licenses. This includes Subchapter A, concerning General Provisions and Definitions, §172.1, and §172.2; Subchapter B, concerning Temporary Licenses, §§172.3 – 172.11; Subchapter C, concerning Limited Licenses, §§172.12, 172.13, 172.15 – 172.19; and Subchapter D, concerning Disaster Emergency Rule, §172.20 and §172.21; and
Chapter 175, concerning Fees and Penalties, §§175.1 – 175.5.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 161 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §161.15, Specific Requirements for Foreign Medical Graduates, sets forth specific licensure requirements for Foreign Medical Graduates from substantially equivalent medical schools.
New §161.16, Foreign Medical Graduates of a Medical School That Is Not Substantially Equivalent, sets forth specific licensure requirements for Foreign Medical Graduates from non-substantially equivalent medical schools.
New §161.17, Other Foreign Medical Graduates, explains how Foreign Medical Graduates of a medical school who are not substantially equivalent and do not meet the criteria in §161.15 and §161.16 of this title can demonstrate substantial equivalence.
Amending 22 TAC §161.20, to describe the licensure process for military service members, veterans, and spouses.
CHAPTER 161. PHYSICIAN LICENSURE
SUBCHAPTER E. LICENSURE FOR MILITARY SERVICE MEMBERS, VETERANS, AND SPOUSES
22 TAC §161.20
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 161, concerning General Provisions, 22 TAC §§161.1 – 161.7, 161.10 and 161.11.
The Board also proposes new Chapter 161, concerning Physician Licensure. This includes new Subchapter A, concerning Pre-Licensure Criminal History Evaluations, §161.1; Subchapter B, concerning General Licensure Requirements, §§161.5 – 161.7; Subchapter C, concerning U.S. and Canadian Medical Graduates, §161.10; Subchapter D, concerning Foreign Medical Graduates, §§161.15 – 161.17; Subchapter E, concerning Licensure For Military Service Members, Veterans, and Spouses, §161.20; Subchapter F, concerning Application Procedure, §161.25; Subchapter G, concerning Registration of License, §161.30 and §161.31; Subchapter H, concerning Continuing Medical Education Requirements for License Renewal, §161.35; Subchapter I, concerning Full Medical License, §161.40; Subchapter J, concerning Limited Licenses, §§161.45 – 161.47; Subchapter K, concerning Temporary Licenses, §§161.50 – 161.52; Subchapter L, concerning Physician-In-Training Permits, §§161.55 – 161.58; Subchapter M, concerning Fellowship Program Approval, §161.65; and Subchapter N, concerning Emergency Practice Authorization, §§161.70 – 161.73.
Also, the Board contemporaneously proposes the repeal of the following current chapters:
Chapter 163, concerning Licensure, §§163.1 – 163.6, 163.8 – 163.11, and 163.13;
Chapter 166, concerning Physician Registration, §§166.1 – 166.7;
Chapter 167, concerning Reinstatement and Reissuance, §§167.1 – 167.8;
Chapter 168, concerning Criminal History Evaluation Letters, §168.1, and §168.2;
Chapter 171, concerning Postgraduate Training Permits, §§171.1 – 171.6;
Chapter 172, concerning Temporary And Limited Licenses. This includes Subchapter A, concerning General Provisions and Definitions, §172.1, and §172.2; Subchapter B, concerning Temporary Licenses, §§172.3 – 172.11; Subchapter C, concerning Limited Licenses, §§172.12, 172.13, 172.15 – 172.19; and Subchapter D, concerning Disaster Emergency Rule, §172.20 and §172.21; and
Chapter 175, concerning Fees and Penalties, §§175.1 – 175.5.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 161 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §161.20, Alternative License Procedures for Military Service Members, Military Veterans, and Military Spouses, describes the licensure process for military service members, veterans, and spouses.
Amending 22 TAC §161.25, to explain the applicability of sections of the Act concerning the processing of licensure applications.
CHAPTER 161. PHYSICIAN LICENSURE
SUBCHAPTER F. APPLICATION PROCEDURE
22 TAC §161.25
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 161, concerning General Provisions, 22 TAC §§161.1 – 161.7, 161.10 and 161.11.
The Board also proposes new Chapter 161, concerning Physician Licensure. This includes new Subchapter A, concerning Pre-Licensure Criminal History Evaluations, §161.1; Subchapter B, concerning General Licensure Requirements, §§161.5 – 161.7; Subchapter C, concerning U.S. and Canadian Medical Graduates, §161.10; Subchapter D, concerning Foreign Medical Graduates, §§161.15 – 161.17; Subchapter E, concerning Licensure For Military Service Members, Veterans, and Spouses, §161.20; Subchapter F, concerning Application Procedure, §161.25; Subchapter G, concerning Registration of License, §161.30 and §161.31; Subchapter H, concerning Continuing Medical Education Requirements for License Renewal, §161.35; Subchapter I, concerning Full Medical License, §161.40; Subchapter J, concerning Limited Licenses, §§161.45 – 161.47; Subchapter K, concerning Temporary Licenses, §§161.50 – 161.52; Subchapter L, concerning Physician-In-Training Permits, §§161.55 – 161.58; Subchapter M, concerning Fellowship Program Approval, §161.65; and Subchapter N, concerning Emergency Practice Authorization, §§161.70 – 161.73.
Also, the Board contemporaneously proposes the repeal of the following current chapters:
Chapter 163, concerning Licensure, §§163.1 – 163.6, 163.8 – 163.11, and 163.13;
Chapter 166, concerning Physician Registration, §§166.1 – 166.7;
Chapter 167, concerning Reinstatement and Reissuance, §§167.1 – 167.8;
Chapter 168, concerning Criminal History Evaluation Letters, §168.1, and §168.2;
Chapter 171, concerning Postgraduate Training Permits, §§171.1 – 171.6;
Chapter 172, concerning Temporary And Limited Licenses. This includes Subchapter A, concerning General Provisions and Definitions, §172.1, and §172.2; Subchapter B, concerning Temporary Licenses, §§172.3 – 172.11; Subchapter C, concerning Limited Licenses, §§172.12, 172.13, 172.15 – 172.19; and Subchapter D, concerning Disaster Emergency Rule, §172.20 and §172.21; and
Chapter 175, concerning Fees and Penalties, §§175.1 – 175.5.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 161 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §161.25, Procedural Rules for Licensure Applicants, explains the sections of the Act that apply to how licensure applications are processed.
Amending 22 TAC §161.30, §161.31, to explain the registration and renewal process for physician licenses, and certain renewal exceptions for military service members, retired physicians, and voluntary charity care physicians.
CHAPTER 161. PHYSICIAN LICENSURE
SUBCHAPTER G. REGISTRATION OF LICENSE
22 TAC §161.30, §161.31
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 161, concerning General Provisions, 22 TAC §§161.1 – 161.7, 161.10 and 161.11.
The Board also proposes new Chapter 161, concerning Physician Licensure. This includes new Subchapter A, concerning Pre-Licensure Criminal History Evaluations, §161.1; Subchapter B, concerning General Licensure Requirements, §§161.5 – 161.7; Subchapter C, concerning U.S. and Canadian Medical Graduates, §161.10; Subchapter D, concerning Foreign Medical Graduates, §§161.15 – 161.17; Subchapter E, concerning Licensure For Military Service Members, Veterans, and Spouses, §161.20; Subchapter F, concerning Application Procedure, §161.25; Subchapter G, concerning Registration of License, §161.30 and §161.31; Subchapter H, concerning Continuing Medical Education Requirements for License Renewal, §161.35; Subchapter I, concerning Full Medical License, §161.40; Subchapter J, concerning Limited Licenses, §§161.45 – 161.47; Subchapter K, concerning Temporary Licenses, §§161.50 – 161.52; Subchapter L, concerning Physician-In-Training Permits, §§161.55 – 161.58; Subchapter M, concerning Fellowship Program Approval, §161.65; and Subchapter N, concerning Emergency Practice Authorization, §§161.70 – 161.73.
Also, the Board contemporaneously proposes the repeal of the following current chapters:
Chapter 163, concerning Licensure, §§163.1 – 163.6, 163.8 – 163.11, and 163.13;
Chapter 166, concerning Physician Registration, §§166.1 – 166.7;
Chapter 167, concerning Reinstatement and Reissuance, §§167.1 – 167.8;
Chapter 168, concerning Criminal History Evaluation Letters, §168.1, and §168.2;
Chapter 171, concerning Postgraduate Training Permits, §§171.1 – 171.6;
Chapter 172, concerning Temporary And Limited Licenses. This includes Subchapter A, concerning General Provisions and Definitions, §172.1, and §172.2; Subchapter B, concerning Temporary Licenses, §§172.3 – 172.11; Subchapter C, concerning Limited Licenses, §§172.12, 172.13, 172.15 – 172.19; and Subchapter D, concerning Disaster Emergency Rule, §172.20 and §172.21; and
Chapter 175, concerning Fees and Penalties, §§175.1 – 175.5.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 161 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §161.30, Registration and Renewal, explains the registration and renewal process for a physician license.
New §161.31, Exceptions from Certain Renewal Requirements, explains the exceptions from certain renewal requirements for Texas-licensed military service members, retired physicians, and voluntary charity care physicians.
Amending 22 TAC §161.35, to explain the continuing medical education requirements physicians must meet for license renewal.
CHAPTER 161. PHYSICIAN LICENSURE
SUBCHAPTER H. CONTINUING MEDICAL EDUCATION REQUIREMENTS FOR LICENSE RENEWAL
22 TAC §161.35
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 161, concerning General Provisions, 22 TAC §§161.1 – 161.7, 161.10 and 161.11.
The Board also proposes new Chapter 161, concerning Physician Licensure. This includes new Subchapter A, concerning Pre-Licensure Criminal History Evaluations, §161.1; Subchapter B, concerning General Licensure Requirements, §§161.5 – 161.7; Subchapter C, concerning U.S. and Canadian Medical Graduates, §161.10; Subchapter D, concerning Foreign Medical Graduates, §§161.15 – 161.17; Subchapter E, concerning Licensure For Military Service Members, Veterans, and Spouses, §161.20; Subchapter F, concerning Application Procedure, §161.25; Subchapter G, concerning Registration of License, §161.30 and §161.31; Subchapter H, concerning Continuing Medical Education Requirements for License Renewal, §161.35; Subchapter I, concerning Full Medical License, §161.40; Subchapter J, concerning Limited Licenses, §§161.45 – 161.47; Subchapter K, concerning Temporary Licenses, §§161.50 – 161.52; Subchapter L, concerning Physician-In-Training Permits, §§161.55 – 161.58; Subchapter M, concerning Fellowship Program Approval, §161.65; and Subchapter N, concerning Emergency Practice Authorization, §§161.70 – 161.73.
Also, the Board contemporaneously proposes the repeal of the following current chapters:
Chapter 163, concerning Licensure, §§163.1 – 163.6, 163.8 – 163.11, and 163.13;
Chapter 166, concerning Physician Registration, §§166.1 – 166.7;
Chapter 167, concerning Reinstatement and Reissuance, §§167.1 – 167.8;
Chapter 168, concerning Criminal History Evaluation Letters, §168.1, and §168.2;
Chapter 171, concerning Postgraduate Training Permits, §§171.1 – 171.6;
Chapter 172, concerning Temporary And Limited Licenses. This includes Subchapter A, concerning General Provisions and Definitions, §172.1, and §172.2; Subchapter B, concerning Temporary Licenses, §§172.3 – 172.11; Subchapter C, concerning Limited Licenses, §§172.12, 172.13, 172.15 – 172.19; and Subchapter D, concerning Disaster Emergency Rule, §172.20 and §172.21; and
Chapter 175, concerning Fees and Penalties, §§175.1 – 175.5.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 161 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §161.35, Continuing Medical Education (CME) Requirements for License Renewal, explains the continuing medical education requirements physicians must meet for license renewal. It also explains how to correct any deficiencies in CME requirements and how CME may be carried forward between licensure renewals.
Amending 22 TAC §161.40, to explain that all practicing physicians in Texas must have a Texas medical license (with limited exceptions).
CHAPTER 161. PHYSICIAN LICENSURE
SUBCHAPTER I. FULL MEDICAL LICENSE
22 TAC §161.40
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 161, concerning General Provisions, 22 TAC §§161.1 – 161.7, 161.10 and 161.11.
The Board also proposes new Chapter 161, concerning Physician Licensure. This includes new Subchapter A, concerning Pre-Licensure Criminal History Evaluations, §161.1; Subchapter B, concerning General Licensure Requirements, §§161.5 – 161.7; Subchapter C, concerning U.S. and Canadian Medical Graduates, §161.10; Subchapter D, concerning Foreign Medical Graduates, §§161.15 – 161.17; Subchapter E, concerning Licensure For Military Service Members, Veterans, and Spouses, §161.20; Subchapter F, concerning Application Procedure, §161.25; Subchapter G, concerning Registration of License, §161.30 and §161.31; Subchapter H, concerning Continuing Medical Education Requirements for License Renewal, §161.35; Subchapter I, concerning Full Medical License, §161.40; Subchapter J, concerning Limited Licenses, §§161.45 – 161.47; Subchapter K, concerning Temporary Licenses, §§161.50 – 161.52; Subchapter L, concerning Physician-In-Training Permits, §§161.55 – 161.58; Subchapter M, concerning Fellowship Program Approval, §161.65; and Subchapter N, concerning Emergency Practice Authorization, §§161.70 – 161.73.
Also, the Board contemporaneously proposes the repeal of the following current chapters:
Chapter 163, concerning Licensure, §§163.1 – 163.6, 163.8 – 163.11, and 163.13;
Chapter 166, concerning Physician Registration, §§166.1 – 166.7;
Chapter 167, concerning Reinstatement and Reissuance, §§167.1 – 167.8;
Chapter 168, concerning Criminal History Evaluation Letters, §168.1, and §168.2;
Chapter 171, concerning Postgraduate Training Permits, §§171.1 – 171.6;
Chapter 172, concerning Temporary And Limited Licenses. This includes Subchapter A, concerning General Provisions and Definitions, §172.1, and §172.2; Subchapter B, concerning Temporary Licenses, §§172.3 – 172.11; Subchapter C, concerning Limited Licenses, §§172.12, 172.13, 172.15 – 172.19; and Subchapter D, concerning Disaster Emergency Rule, §172.20 and §172.21; and
Chapter 175, concerning Fees and Penalties, §§175.1 – 175.5.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 161 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §161.40, Medical License, explains that all physicians practicing in Texas, with limited named exceptions, must hold a full Texas medical license.
Amending 22 TAC §§161.45 – 161.47, to seeking different types of licenses, including conceded eminence, administrative medicine, and military volunteer licenses.
CHAPTER 161. PHYSICIAN LICENSURE
SUBCHAPTER J. LIMITED LICENSES
22 TAC §§161.45 – 161.47
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 161, concerning General Provisions, 22 TAC §§161.1 – 161.7, 161.10 and 161.11.
The Board also proposes new Chapter 161, concerning Physician Licensure. This includes new Subchapter A, concerning Pre-Licensure Criminal History Evaluations, §161.1; Subchapter B, concerning General Licensure Requirements, §§161.5 – 161.7; Subchapter C, concerning U.S. and Canadian Medical Graduates, §161.10; Subchapter D, concerning Foreign Medical Graduates, §§161.15 – 161.17; Subchapter E, concerning Licensure For Military Service Members, Veterans, and Spouses, §161.20; Subchapter F, concerning Application Procedure, §161.25; Subchapter G, concerning Registration of License, §161.30 and §161.31; Subchapter H, concerning Continuing Medical Education Requirements for License Renewal, §161.35; Subchapter I, concerning Full Medical License, §161.40; Subchapter J, concerning Limited Licenses, §§161.45 – 161.47; Subchapter K, concerning Temporary Licenses, §§161.50 – 161.52; Subchapter L, concerning Physician-In-Training Permits, §§161.55 – 161.58; Subchapter M, concerning Fellowship Program Approval, §161.65; and Subchapter N, concerning Emergency Practice Authorization, §§161.70 – 161.73.
Also, the Board contemporaneously proposes the repeal of the following current chapters:
Chapter 163, concerning Licensure, §§163.1 – 163.6, 163.8 – 163.11, and 163.13;
Chapter 166, concerning Physician Registration, §§166.1 – 166.7;
Chapter 167, concerning Reinstatement and Reissuance, §§167.1 – 167.8;
Chapter 168, concerning Criminal History Evaluation Letters, §168.1, and §168.2;
Chapter 171, concerning Postgraduate Training Permits, §§171.1 – 171.6;
Chapter 172, concerning Temporary And Limited Licenses. This includes Subchapter A, concerning General Provisions and Definitions, §172.1, and §172.2; Subchapter B, concerning Temporary Licenses, §§172.3 – 172.11; Subchapter C, concerning Limited Licenses, §§172.12, 172.13, 172.15 – 172.19; and Subchapter D, concerning Disaster Emergency Rule, §172.20 and §172.21; and
Chapter 175, concerning Fees and Penalties, §§175.1 – 175.5.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 161 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §161.45. Conceded Eminence License, explains the requirements and process for seeking a conceded eminence license.
New §161.46, Administrative Medicine License, explains the requirements and process for seeking an administrative medicine license. It also explains the limitations of that type of license.
New §161.47, Military Volunteer License, explains the requirements and process for seeking a military volunteer license.
Amending 22 TAC §§161.50 – 161.52, to explain the purpose, requirements, and application process for temporary licenses.
CHAPTER 161. PHYSICIAN LICENSURE
SUBCHAPTER K. TEMPORARY LICENSES
22 TAC §§161.50 – 161.52
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 161, concerning General Provisions, 22 TAC §§161.1 – 161.7, 161.10 and 161.11.
The Board also proposes new Chapter 161, concerning Physician Licensure. This includes new Subchapter A, concerning Pre-Licensure Criminal History Evaluations, §161.1; Subchapter B, concerning General Licensure Requirements, §§161.5 – 161.7; Subchapter C, concerning U.S. and Canadian Medical Graduates, §161.10; Subchapter D, concerning Foreign Medical Graduates, §§161.15 – 161.17; Subchapter E, concerning Licensure For Military Service Members, Veterans, and Spouses, §161.20; Subchapter F, concerning Application Procedure, §161.25; Subchapter G, concerning Registration of License, §161.30 and §161.31; Subchapter H, concerning Continuing Medical Education Requirements for License Renewal, §161.35; Subchapter I, concerning Full Medical License, §161.40; Subchapter J, concerning Limited Licenses, §§161.45 – 161.47; Subchapter K, concerning Temporary Licenses, §§161.50 – 161.52; Subchapter L, concerning Physician-In-Training Permits, §§161.55 – 161.58; Subchapter M, concerning Fellowship Program Approval, §161.65; and Subchapter N, concerning Emergency Practice Authorization, §§161.70 – 161.73.
Also, the Board contemporaneously proposes the repeal of the following current chapters:
Chapter 163, concerning Licensure, §§163.1 – 163.6, 163.8 – 163.11, and 163.13;
Chapter 166, concerning Physician Registration, §§166.1 – 166.7;
Chapter 167, concerning Reinstatement and Reissuance, §§167.1 – 167.8;
Chapter 168, concerning Criminal History Evaluation Letters, §168.1, and §168.2;
Chapter 171, concerning Postgraduate Training Permits, §§171.1 – 171.6;
Chapter 172, concerning Temporary And Limited Licenses. This includes Subchapter A, concerning General Provisions and Definitions, §172.1, and §172.2; Subchapter B, concerning Temporary Licenses, §§172.3 – 172.11; Subchapter C, concerning Limited Licenses, §§172.12, 172.13, 172.15 – 172.19; and Subchapter D, concerning Disaster Emergency Rule, §172.20 and §172.21; and
Chapter 175, concerning Fees and Penalties, §§175.1 – 175.5.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 161 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §161.50, Regular Temporary License, explains the purpose of the regular temporary license.
New §161.51, Faculty Temporary License, explains the requirements and application process for a Faculty Temporary License.
New §161.52, Visiting Physician Temporary Permit, explains the purpose, requirements, and application process for a Visiting Physician Temporary Permit. It also explains the limitations of such a permit.
Amending 22 TAC §§161.55 – 161.58, to explain the purpose, requirements, application process, and duties of training permits, including Physician-In-Training Permits (PITs) and Rotator PITS.
CHAPTER 161. PHYSICIAN LICENSURE
SUBCHAPTER L. PHYSICIAN-IN-TRAINING PERMITS
22 TAC §§161.55 – 161.58
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 161, concerning General Provisions, 22 TAC §§161.1 – 161.7, 161.10 and 161.11.
The Board also proposes new Chapter 161, concerning Physician Licensure. This includes new Subchapter A, concerning Pre-Licensure Criminal History Evaluations, §161.1; Subchapter B, concerning General Licensure Requirements, §§161.5 – 161.7; Subchapter C, concerning U.S. and Canadian Medical Graduates, §161.10; Subchapter D, concerning Foreign Medical Graduates, §§161.15 – 161.17; Subchapter E, concerning Licensure For Military Service Members, Veterans, and Spouses, §161.20; Subchapter F, concerning Application Procedure, §161.25; Subchapter G, concerning Registration of License, §161.30 and §161.31; Subchapter H, concerning Continuing Medical Education Requirements for License Renewal, §161.35; Subchapter I, concerning Full Medical License, §161.40; Subchapter J, concerning Limited Licenses, §§161.45 – 161.47; Subchapter K, concerning Temporary Licenses, §§161.50 – 161.52; Subchapter L, concerning Physician-In-Training Permits, §§161.55 – 161.58; Subchapter M, concerning Fellowship Program Approval, §161.65; and Subchapter N, concerning Emergency Practice Authorization, §§161.70 – 161.73.
Also, the Board contemporaneously proposes the repeal of the following current chapters:
Chapter 163, concerning Licensure, §§163.1 – 163.6, 163.8 – 163.11, and 163.13;
Chapter 166, concerning Physician Registration, §§166.1 – 166.7;
Chapter 167, concerning Reinstatement and Reissuance, §§167.1 – 167.8;
Chapter 168, concerning Criminal History Evaluation Letters, §168.1, and §168.2;
Chapter 171, concerning Postgraduate Training Permits, §§171.1 – 171.6;
Chapter 172, concerning Temporary And Limited Licenses. This includes Subchapter A, concerning General Provisions and Definitions, §172.1, and §172.2; Subchapter B, concerning Temporary Licenses, §§172.3 – 172.11; Subchapter C, concerning Limited Licenses, §§172.12, 172.13, 172.15 – 172.19; and Subchapter D, concerning Disaster Emergency Rule, §172.20 and §172.21; and
Chapter 175, concerning Fees and Penalties, §§175.1 – 175.5.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 161 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §161.55, Physician-In-Training Permit (PIT), explains the purpose, requirements, and application process for PIT permits. It also explains the limitations of such a permit.
New §161.56, Rotator PIT Permits, explains the purpose, requirements, and application process for Rotator PIT permits.
New §161.57, Duties of Permit Holders to Report, explains the reporting obligations of the permit holder to the board and the time period to make a required report.
New §161.58, Duties of Program Directors to Report, explains the reporting obligations of the training program directors to the board and the time period to make a required report.
Amending 22 TAC §161.65, to explain the requirements and application process for board approval of fellowships.
CHAPTER 161. PHYSICIAN LICENSURE
SUBCHAPTER M. FELLOWSHIP PROGRAM APPROVAL
22 TAC §161.65
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 161, concerning General Provisions, 22 TAC §§161.1 – 161.7, 161.10 and 161.11.
The Board also proposes new Chapter 161, concerning Physician Licensure. This includes new Subchapter A, concerning Pre-Licensure Criminal History Evaluations, §161.1; Subchapter B, concerning General Licensure Requirements, §§161.5 – 161.7; Subchapter C, concerning U.S. and Canadian Medical Graduates, §161.10; Subchapter D, concerning Foreign Medical Graduates, §§161.15 – 161.17; Subchapter E, concerning Licensure For Military Service Members, Veterans, and Spouses, §161.20; Subchapter F, concerning Application Procedure, §161.25; Subchapter G, concerning Registration of License, §161.30 and §161.31; Subchapter H, concerning Continuing Medical Education Requirements for License Renewal, §161.35; Subchapter I, concerning Full Medical License, §161.40; Subchapter J, concerning Limited Licenses, §§161.45 – 161.47; Subchapter K, concerning Temporary Licenses, §§161.50 – 161.52; Subchapter L, concerning Physician-In-Training Permits, §§161.55 – 161.58; Subchapter M, concerning Fellowship Program Approval, §161.65; and Subchapter N, concerning Emergency Practice Authorization, §§161.70 – 161.73.
Also, the Board contemporaneously proposes the repeal of the following current chapters:
Chapter 163, concerning Licensure, §§163.1 – 163.6, 163.8 – 163.11, and 163.13;
Chapter 166, concerning Physician Registration, §§166.1 – 166.7;
Chapter 167, concerning Reinstatement and Reissuance, §§167.1 – 167.8;
Chapter 168, concerning Criminal History Evaluation Letters, §168.1, and §168.2;
Chapter 171, concerning Postgraduate Training Permits, §§171.1 – 171.6;
Chapter 172, concerning Temporary And Limited Licenses. This includes Subchapter A, concerning General Provisions and Definitions, §172.1, and §172.2; Subchapter B, concerning Temporary Licenses, §§172.3 – 172.11; Subchapter C, concerning Limited Licenses, §§172.12, 172.13, 172.15 – 172.19; and Subchapter D, concerning Disaster Emergency Rule, §172.20 and §172.21; and
Chapter 175, concerning Fees and Penalties, §§175.1 – 175.5.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 161 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §161.65, Process for Board-Approval of Fellowships, explains the requirements and application process for board approval of fellowships.
Amending 22 TAC §§161.70 – 161.73, to explain licensure requirements and procedures in the event of a disaster or emergency.
CHAPTER 161. PHYSICIAN LICENSURE
SUBCHAPTER N. EMERGENCY PRACTICE AUTHORIZATION
22 TAC §§161.70 – 161.73
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 161, concerning General Provisions, 22 TAC §§161.1 – 161.7, 161.10 and 161.11.
The Board also proposes new Chapter 161, concerning Physician Licensure. This includes new Subchapter A, concerning Pre-Licensure Criminal History Evaluations, §161.1; Subchapter B, concerning General Licensure Requirements, §§161.5 – 161.7; Subchapter C, concerning U.S. and Canadian Medical Graduates, §161.10; Subchapter D, concerning Foreign Medical Graduates, §§161.15 – 161.17; Subchapter E, concerning Licensure For Military Service Members, Veterans, and Spouses, §161.20; Subchapter F, concerning Application Procedure, §161.25; Subchapter G, concerning Registration of License, §161.30 and §161.31; Subchapter H, concerning Continuing Medical Education Requirements for License Renewal, §161.35; Subchapter I, concerning Full Medical License, §161.40; Subchapter J, concerning Limited Licenses, §§161.45 – 161.47; Subchapter K, concerning Temporary Licenses, §§161.50 – 161.52; Subchapter L, concerning Physician-In-Training Permits, §§161.55 – 161.58; Subchapter M, concerning Fellowship Program Approval, §161.65; and Subchapter N, concerning Emergency Practice Authorization, §§161.70 – 161.73.
Also, the Board contemporaneously proposes the repeal of the following current chapters:
Chapter 163, concerning Licensure, §§163.1 – 163.6, 163.8 – 163.11, and 163.13;
Chapter 166, concerning Physician Registration, §§166.1 – 166.7;
Chapter 167, concerning Reinstatement and Reissuance, §§167.1 – 167.8;
Chapter 168, concerning Criminal History Evaluation Letters, §168.1, and §168.2;
Chapter 171, concerning Postgraduate Training Permits, §§171.1 – 171.6;
Chapter 172, concerning Temporary And Limited Licenses. This includes Subchapter A, concerning General Provisions and Definitions, §172.1, and §172.2; Subchapter B, concerning Temporary Licenses, §§172.3 – 172.11; Subchapter C, concerning Limited Licenses, §§172.12, 172.13, 172.15 – 172.19; and Subchapter D, concerning Disaster Emergency Rule, §172.20 and §172.21; and
Chapter 175, concerning Fees and Penalties, §§175.1 – 175.5.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 161 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §161.70, Emergency Practice Authorization (EPA), explains when certain licensure requirements can be waived by the board in event of a disaster or emergency.
New §161.71, Emergency Practice Authorization (EPA) Requirements and Procedures for Healthcare Professionals, explains the purpose, requirements, and authorization process for healthcare professionals not licensed in Texas to practice in Texas during a disaster or emergency.
New §161.72, Board Regulation of Emergency Practice Authorization, explains the board’s authority and jurisdiction over individuals practicing under an Emergency Practice Authorization.
New §161.73, Confidentiality, explains that confidentiality under §164.007 (c) of the Act applies to all board files, information, or investigative materials for healthcare providers practicing in Texas under an Emergency Practice Authorization.
Amending 22 TAC §162.1, §162.2, to repeal the current Chapter 162, concerning the supervision of medical students.
CHAPTER 162. SUPERVISION OF MEDICAL SCHOOL STUDENTS
22 TAC §162.1, §162.2
The Texas Medical Board (Board) proposes the repeal of current Chapter 162, concerning Supervision of Medical Students, §162.1 and §162.2.
The Board also proposes new Chapter 162, concerning Physician Profiles, §§162.1 – 162.3.
Also, the Board contemporaneously proposes the repeal of current Chapter 173, concerning Physician Profiles, §§173.1 – 173.5, and §173.7.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, the repeal of Chapter 162 is more efficient than proposing multiple amendments to make the required changes.
Amending 22 TAC §162.1, §162.2, to propose a new section that provides the requirements of physician’s public profiles.
CHAPTER 162. PHYSICIAN PROFILES
22 TAC §§162.1 – 162.3
The Texas Medical Board (Board) proposes the repeal of current Chapter 162, concerning Supervision of Medical Students, §162.1 and §162.2.
The Board also proposes new Chapter 162, concerning Physician Profiles, §§162.1 – 162.3.
Also, the Board contemporaneously proposes the repeal of current Chapter 173, concerning Physician Profiles, §§173.1 – 173.5, and §173.7.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, the repeal of Chapter 162 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §162.1, Profile Contents, provides a description of the content of a physician’s public profile.
New §162.2, Profile Updates, provides a description of mandatory updates required to be reported by a physician to the board.
New §162.3, Profile Disputes, explains the process by which a physician may dispute their public profile information.
Amending 22 TAC §§163.1 – 163.6, 163.8 – 163.11, 163.13, to repeal the current Chapter 163 concerning licensure.
CHAPTER 163. LICENSURE
22 TAC §§163.1 – 163.6, 163.8 – 163.11, 163.13
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 163, concerning Licensure, §§163.1 – 163.6, 163.8 – 163.11 and 163.13.
The Board also proposes new Chapter 163, concerning Medical Records. This includes new Subchapter A, concerning General Documentation Provisions, §§163.1 – 163.5; and Subchapter B, concerning Abortion Documentation, §§163.10 – 163.13.
Also, the Board contemporaneously proposes the repeal of current Chapter 165, concerning Medical Records, §§165.1 – 165.9.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 163 is more efficient than proposing multiple amendments to make the required changes.
Amending 22 TAC §§163.1 – 163.5, to set forth the required information in a medical record, the period to retain medical records, provision of medical records, notice requirements, and abortion-specific documentation requirements.
CHAPTER 163. LICENSURE
SUBCHAPTER A. GENERAL DOCUMENTATION PROVISIONS
22 TAC §§163.1 – 163.5
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 163, concerning Licensure, §§163.1 – 163.6, 163.8 – 163.11 and 163.13.
The Board also proposes new Chapter 163, concerning Medical Records. This includes new Subchapter A, concerning General Documentation Provisions, §§163.1 – 163.5; and Subchapter B, concerning Abortion Documentation, §§163.10 – 163.13.
Also, the Board contemporaneously proposes the repeal of current Chapter 165, concerning Medical Records, §§165.1 – 165.9.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 163 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §163.1, Medical Records, describes the necessary content of a medical record and the appropriate method for documenting each patient encounter.
New §163.2, Medical Record Retention, explains providers responsible for retaining medical records and the amount of time those providers must retain medical records.
New §163.3, Requests for Medical Records, explains a provider’s responsibility for providing medical records to patients upon request. It also explains allowable charges for responding to requests for medical records or diagnostic imaging.
New §163.4, Physician Responsibilities when Leaving a Practice, explains a provider must provide notice to patients when they leave, retire, or terminate a practice.
New §163.5, Appointment of Record Custodian of a Physician’s Records, explains who the appropriate records custodian is of medical records in certain situations. It also explains the process by which a records custodian is appointed and outlines the custodian’s responsibilities.
Amending 22 TAC §§163.10 – 163.13, to set forth abortion-specific documentation requirements.
CHAPTER 163. LICENSURE
SUBCHAPTER B. ABORTION DOCUMENTATION
22 TAC §§163.10 – 163.13
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 163, concerning Licensure, §§163.1 – 163.6, 163.8 – 163.11 and 163.13.
The Board also proposes new Chapter 163, concerning Medical Records. This includes new Subchapter A, concerning General Documentation Provisions, §§163.1 – 163.5; and Subchapter B, concerning Abortion Documentation, §§163.10 – 163.13.
Also, the Board contemporaneously proposes the repeal of current Chapter 165, concerning Medical Records, §§165.1 – 165.9.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 163 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §163.10, Definitions, describes the specific definitions for certain terms used in this subchapter.
New §163.11, Required Form Regarding an Abortion on an Unemancipated Minor, details the required disclosure and consent form to be completed when performing an abortion or related procedure on an unemancipated minor.
New §163.12, Abortion Ban Exception Performance and Documentation, explains that physicians need to comply with all applicable laws, rules, and court opinions related to abortion and its exceptions in Texas. The rules also provide the minimum required information that must be included in the medical record.
New §163.13, Complaints Regarding Abortions Performed, explains the procedures that the Board will utilize in the event a complaint is received. The rule also explains the limitation of any Board decision and that possible criminal or civil action under the law is separate and independent of any Board decision.
Amending 22 TAC §§164.1 – 164.6, to repeal the current Chapter 164 concerning physician advertising.
CHAPTER 164. PHYSICIAN ADVERTISING
22 TAC §§164.1 – 164.6
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 164, concerning Physician Advertising, §§164.1 – 164.6.
The Board also proposes new Chapter 164, concerning Physician Advertising, §§164.1 – 164.4.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, the repeal of Chapter 164 is more efficient than proposing multiple amendments to make the required changes.
Amending 22 TAC §§164.1 – 164.4, to outline requirements for physician advertising and describing what is permissible or prohibited.
CHAPTER 164. PHYSICIAN ADVERTISING
22 TAC §§164.1 – 164.4
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 164, concerning Physician Advertising, §§164.1 – 164.6.
The Board also proposes new Chapter 164, concerning Physician Advertising, §§164.1 – 164.4.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, the repeal of Chapter 164 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §164.1, Definitions, gives definitions of terms used in this chapter.
New §164.2, Physician Responsibilities, explains the physician’s responsibilities as to form and content of advertisement of the practice of medicine.
New §164.3, Prohibited Acts or Omissions in Advertising, describes what is permissible or prohibited in advertising by physicians.
New §164.4, Advertising Board Certification, explains the permissible use of the term “board certified” in advertising. The new section also details the process for a physician or physician-based certifying organization to apply for recognition to advertise as “board certified.”
Amending 22 TAC §§165.1 – 165.9, to repeal the current Chapter 164, concerning medical records.
CHAPTER 165. MEDICAL RECORDS
22 TAC §§165.1 – 165.9
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 165, concerning Medical Records, §§165.1 – 165.9.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200 as part of the Board’s rule review, repeal of Chapter 165 in its entirety is more efficient than proposing multiple amendments to make the required changes.
Amending 22 TAC §§166.1 – 166.7, to repeal the current Chapter 166, concerning physician registration.
CHAPTER 166. PHYSICIAN REGISTRATION
22 TAC §§166.1 – 166.7
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 166, concerning Physician Registration, §§166.1 – 166.7.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200 as part of the Board’s rule review, repeal of Chapter 166 in its entirety is more efficient than proposing multiple amendments to make the required changes.
Amending 22 TAC §§167.1 – 167.8, to repeal the current Chapter 167 concerning reinstatement and reissuance.
CHAPTER 167. REINSTATEMENT AND REISSUANCE
22 TAC §§167.1 – 167.8
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 167, concerning Reinstatement and Reissuance, §§167.1 – 167.8.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200 as part of the Board’s rule review, repeal of Chapter 167 in its entirety is more efficient than proposing multiple amendments to make the required changes.
Amending 22 TAC §168.1, §168.2, to repeal the current Chapter 168, concerning Criminal History Evaluation Letters.
CHAPTER 168. CRIMINAL HISTORY EVALUATION LETTERS
22 TAC §168.1, §168.2
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 168, concerning Criminal History Evaluation Letters, §168.1 and §168.2.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200 as part of the Board’s rule review, repeal of Chapter 168 in its entirety is more efficient than proposing multiple amendments to make the required changes.
CHAPTER 169. AUTHORITY OF PHYSICIANS TO SUPPLY DRUGS
22 TAC §§169.1 – 169.8
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 169, concerning Authority of Physicians to Supply Drugs, §§169.1 – 169.8.
The Board also proposes new Chapter 169, concerning Delegation. This includes new Subchapter A, concerning Definitions and General Provisions, §169.1 and §169.2; Subchapter B, concerning Physician Assistants and Advanced Practice Registered Nurses, §169.5; Subchapter C, concerning Emergency Medical Services, §§169.10 – 169.15; Subchapter D, concerning Pharmacists, §169.20; and Subchapter E, concerning Other Delegated Acts, §§169.25 – 169.28.
Also, the Board contemporaneously proposes the repeal of current Chapter 193, concerning Standing Delegation Orders, §§193.1 – 193.13, and current Chapter 197, concerning Emergency Medical Services, §§197.1 – 197.7.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 169 is more efficient than proposing multiple amendments to make the required changes.
Amending 22 TAC §169.1, §169.2, to define the terms and explain physician requirements when delegating any medical act.
CHAPTER 169. DELEGATION
SUBCHAPTER A. DEFINITIONS AND GENERAL PROVISIONS
22 TAC §169.1, §169.2
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 169, concerning Authority of Physicians to Supply Drugs, §§169.1 – 169.8.
The Board also proposes new Chapter 169, concerning Delegation. This includes new Subchapter A, concerning Definitions and General Provisions, §169.1 and §169.2; Subchapter B, concerning Physician Assistants and Advanced Practice Registered Nurses, §169.5; Subchapter C, concerning Emergency Medical Services, §§169.10 – 169.15; Subchapter D, concerning Pharmacists, §169.20; and Subchapter E, concerning Other Delegated Acts, §§169.25 – 169.28.
Also, the Board contemporaneously proposes the repeal of current Chapter 193, concerning Standing Delegation Orders, §§193.1 – 193.13, and current Chapter 197, concerning Emergency Medical Services, §§197.1 – 197.7.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 169 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §169.1, Definitions, explains words and terms used in new Chapter 169.
New §169.2, General Responsibilities of Delegating Physician, explains what is required of a physician delegating any medical act.
Amending 22 TAC §169.5, to explain physician requirements when delegating medical acts to a physician assistant or advanced practice registered nurse.
CHAPTER 169. DELEGATION
SUBCHAPTER B. PHYSICIAN ASSISTANTS AND ADVANCED PRACTICE REGISTERED NURSES
22 TAC §169.5
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 169, concerning Authority of Physicians to Supply Drugs, §§169.1 – 169.8.
The Board also proposes new Chapter 169, concerning Delegation. This includes new Subchapter A, concerning Definitions and General Provisions, §169.1 and §169.2; Subchapter B, concerning Physician Assistants and Advanced Practice Registered Nurses, §169.5; Subchapter C, concerning Emergency Medical Services, §§169.10 – 169.15; Subchapter D, concerning Pharmacists, §169.20; and Subchapter E, concerning Other Delegated Acts, §§169.25 – 169.28.
Also, the Board contemporaneously proposes the repeal of current Chapter 193, concerning Standing Delegation Orders, §§193.1 – 193.13, and current Chapter 197, concerning Emergency Medical Services, §§197.1 – 197.7.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 169 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §169.5, Delegation to a Physician Assistant or Advanced Practice Registered Nurse, explains requirements for a physician delegating medical acts to a physician assistant or an advanced practice registered nurse.
Amending 22 TAC §§169.10 – 169.15, to define medical supervision and explain the requirements, responsibilities, and limitations of medical director qualifications, responsibilities, and the presence of a physician at a medical emergency.
CHAPTER 169. DELEGATION
SUBCHAPTER C. EMERGENCY MEDICAL SERVICES
22 TAC §§169.10 – 169.15
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 169, concerning Authority of Physicians to Supply Drugs, §§169.1 – 169.8.
The Board also proposes new Chapter 169, concerning Delegation. This includes new Subchapter A, concerning Definitions and General Provisions, §169.1 and §169.2; Subchapter B, concerning Physician Assistants and Advanced Practice Registered Nurses, §169.5; Subchapter C, concerning Emergency Medical Services, §§169.10 – 169.15; Subchapter D, concerning Pharmacists, §169.20; and Subchapter E, concerning Other Delegated Acts, §§169.25 – 169.28.
Also, the Board contemporaneously proposes the repeal of current Chapter 193, concerning Standing Delegation Orders, §§193.1 – 193.13, and current Chapter 197, concerning Emergency Medical Services, §§197.1 – 197.7.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 169 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §169.10, Definitions, explains the resources for definitions of words and terms used in Subchapter C of new Chapter 169, as applied to physician supervision of emergency medical service (EMS) personnel.
New §169.11, Medical Supervision, explains the statutory authority physicians providing medical control and medical supervision of EMS providers must adhere to.
New §169.12, Medical Director Qualifications, explains the requirements for a physician to be a medical director of EMS services.
New §169.13, Medical Director Responsibilities, explains the responsibilities of a physician acting as medical director of EMS services.
New §169.14, Limits on Off-Line Medical Control, explains the limit on the number of EMS providers an off-line medical director may supervise.
New §169.15, Other Physician Presence at Medical Emergency, explains how care should be provided by another physician, other than an EMS medical director, at the scene of an emergency.
Amending 22 TAC §169.20, to explain the general standards expected when a physician delegates medical orders to a licensed pharmacist in Texas.
CHAPTER 169. DELEGATION
SUBCHAPTER D. PHARMACISTS
22 TAC §169.20
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 169, concerning Authority of Physicians to Supply Drugs, §§169.1 – 169.8.
The Board also proposes new Chapter 169, concerning Delegation. This includes new Subchapter A, concerning Definitions and General Provisions, §169.1 and §169.2; Subchapter B, concerning Physician Assistants and Advanced Practice Registered Nurses, §169.5; Subchapter C, concerning Emergency Medical Services, §§169.10 – 169.15; Subchapter D, concerning Pharmacists, §169.20; and Subchapter E, concerning Other Delegated Acts, §§169.25 – 169.28.
Also, the Board contemporaneously proposes the repeal of current Chapter 193, concerning Standing Delegation Orders, §§193.1 – 193.13, and current Chapter 197, concerning Emergency Medical Services, §§197.1 – 197.7.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 169 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §169.20, General Standards, explains the general standards expected when a physician delegates to a licensed pharmacist in Texas. Drug therapy management, immunizations, and vaccinations may be authorized by the physician to be performed by the pharmacist under an order, standing medical order, standing delegation order, or protocol.
Amending 22 TAC §§169.25 – 169.28, to explain the responsibilities of delegating physicians for other medical procedures.
CHAPTER 169. DELEGATION
SUBCHAPTER E. OTHER DELEGATED ACTS
22 TAC §§169.25 – 169.28
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 169, concerning Authority of Physicians to Supply Drugs, §§169.1 – 169.8.
The Board also proposes new Chapter 169, concerning Delegation. This includes new Subchapter A, concerning Definitions and General Provisions, §169.1 and §169.2; Subchapter B, concerning Physician Assistants and Advanced Practice Registered Nurses, §169.5; Subchapter C, concerning Emergency Medical Services, §§169.10 – 169.15; Subchapter D, concerning Pharmacists, §169.20; and Subchapter E, concerning Other Delegated Acts, §§169.25 – 169.28.
Also, the Board contemporaneously proposes the repeal of current Chapter 193, concerning Standing Delegation Orders, §§193.1 – 193.13, and current Chapter 197, concerning Emergency Medical Services, §§197.1 – 197.7.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 169 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §169.25, Other Delegation, explains that delegation is required for non-surgical cosmetic procedures and other medical practices involving administration of other substances for human consumption.
New §169.26, General Standards, explains the responsibilities relating to the delegating physician for other medical procedures.
New §169.27, Physician Responsibilities related to Written Order, explains minimum requirements for orders provided to a non-physician performing delegated acts involving administration of substances for human consumption.
New §169.28, Notice and Identification Provisions, explains notice and identification requirements when performing these other delegated acts.
Amending 22 TAC §§170.1 – 170.3, to repeal the current Chapter 170 concerning the prescription of controlled substances.
CHAPTER 170. PRESCRIPTION OF CONTROLLED SUBSTANCES
SUBCHAPTER A. PAIN MANAGEMENT
22 TAC §§170.1 – 170.3
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 170, concerning Prescription of Controlled Substances. This includes Subchapter A, concerning Pain Management, §§170.1 – 170.3; Subchapter B, concerning Utilization of Opioid Antagonists, §§170.4 – 170.8; Subchapter C, concerning Prescription Monitoring Program Check, §170.9; and Subchapter D, concerning Electronic Prescribing of Controlled Substances, §170.10.
The Board also proposes new Chapter 170, concerning Standards for Use of Investigational Agents. This includes new Subchapter A, concerning Standards for Use of Investigational Drugs, Biological Products, or Devices, §170.1, and Subchapter B, concerning Investigational Stem Cell Treatments for Patients with Certain Severe Chronic Diseases or Terminal Illnesses, §170.5 and §170.6.
Also, the Board contemporaneously proposes the repeal of current Chapter 198, concerning Standards For Use of Investigational Agents. This includes Subchapter A, concerning Standards For Use of Investigational Drugs, Biological Products, Or Devices, §§198.1 – 198.4; and Subchapter B, concerning Investigational Stem Cell Treatments For Patients With Certain Severe Chronic Diseases Or Terminal Illnesses, §198.5 and §198.6.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 170 is more efficient than proposing multiple amendments to make the required changes.
Amending 22 TAC §§170.1 – 170.3, to explain the standards required by a physician who administers or provides for the use of investigational agents, drugs, biological products, or devices.
CHAPTER 170. PRESCRIPTION OF CONTROLLED SUBSTANCES
SUBCHAPTER A. PAIN MANAGEMENT
22 TAC §§170.1 – 170.3
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 170, concerning Prescription of Controlled Substances. This includes Subchapter A, concerning Pain Management, §§170.1 – 170.3; Subchapter B, concerning Utilization of Opioid Antagonists, §§170.4 – 170.8; Subchapter C, concerning Prescription Monitoring Program Check, §170.9; and Subchapter D, concerning Electronic Prescribing of Controlled Substances, §170.10.
The Board also proposes new Chapter 170, concerning Standards for Use of Investigational Agents. This includes new Subchapter A, concerning Standards for Use of Investigational Drugs, Biological Products, or Devices, §170.1, and Subchapter B, concerning Investigational Stem Cell Treatments for Patients with Certain Severe Chronic Diseases or Terminal Illnesses, §170.5 and §170.6.
Also, the Board contemporaneously proposes the repeal of current Chapter 198, concerning Standards For Use of Investigational Agents. This includes Subchapter A, concerning Standards For Use of Investigational Drugs, Biological Products, Or Devices, §§198.1 – 198.4; and Subchapter B, concerning Investigational Stem Cell Treatments For Patients With Certain Severe Chronic Diseases Or Terminal Illnesses, §198.5 and §198.6.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 170 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §170.1, General Standards for Use of Investigational Agents, explains the standards required of a physician who administers or provides for the use of investigational agents, drugs, biological products, or devices.
Amending 22 TAC §§170.4 – 170.8, to explain standards required of a physician who administers or provides for the use of Investigational Stem Cell treatments in patients.
CHAPTER 170. PRESCRIPTION OF CONTROLLED SUBSTANCES
SUBCHAPTER B. UTILIZATION OF OPIOID ANTAGONISTS
22 TAC §§170.4 – 170.8
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 170, concerning Prescription of Controlled Substances. This includes Subchapter A, concerning Pain Management, §§170.1 – 170.3; Subchapter B, concerning Utilization of Opioid Antagonists, §§170.4 – 170.8; Subchapter C, concerning Prescription Monitoring Program Check, §170.9; and Subchapter D, concerning Electronic Prescribing of Controlled Substances, §170.10.
The Board also proposes new Chapter 170, concerning Standards for Use of Investigational Agents. This includes new Subchapter A, concerning Standards for Use of Investigational Drugs, Biological Products, or Devices, §170.1, and Subchapter B, concerning Investigational Stem Cell Treatments for Patients with Certain Severe Chronic Diseases or Terminal Illnesses, §170.5 and §170.6.
Also, the Board contemporaneously proposes the repeal of current Chapter 198, concerning Standards For Use of Investigational Agents. This includes Subchapter A, concerning Standards For Use of Investigational Drugs, Biological Products, Or Devices, §§198.1 – 198.4; and Subchapter B, concerning Investigational Stem Cell Treatments For Patients With Certain Severe Chronic Diseases Or Terminal Illnesses, §198.5 and §198.6.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 170 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §170.5, General Standards for the Use of Investigational Stem Cell Treatments for Patients with Severe Chronic Diseases or Terminal Illnesses, explains the standard required of a physician who administers or provides for the use of Investigational Stem Cell treatments in patients.
Amending 22 TAC §170.9, to explain standards required of a physician who uses a prescription monitoring program check.
CHAPTER 170. PRESCRIPTION OF CONTROLLED SUBSTANCES
SUBCHAPTER C. PRESCRIPTION MONITORING PROGRAM CHECK
22 TAC §170.9
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 170, concerning Prescription of Controlled Substances. This includes Subchapter A, concerning Pain Management, §§170.1 – 170.3; Subchapter B, concerning Utilization of Opioid Antagonists, §§170.4 – 170.8; Subchapter C, concerning Prescription Monitoring Program Check, §170.9; and Subchapter D, concerning Electronic Prescribing of Controlled Substances, §170.10.
The Board also proposes new Chapter 170, concerning Standards for Use of Investigational Agents. This includes new Subchapter A, concerning Standards for Use of Investigational Drugs, Biological Products, or Devices, §170.1, and Subchapter B, concerning Investigational Stem Cell Treatments for Patients with Certain Severe Chronic Diseases or Terminal Illnesses, §170.5 and §170.6.
Also, the Board contemporaneously proposes the repeal of current Chapter 198, concerning Standards For Use of Investigational Agents. This includes Subchapter A, concerning Standards For Use of Investigational Drugs, Biological Products, Or Devices, §§198.1 – 198.4; and Subchapter B, concerning Investigational Stem Cell Treatments For Patients With Certain Severe Chronic Diseases Or Terminal Illnesses, §198.5 and §198.6.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 170 is more efficient than proposing multiple amendments to make the required changes.
Amending 22 TAC §170.10, to explain standards required of a physician who electronically administers or provides for the use of controlled substances.
CHAPTER 170. PRESCRIPTION OF CONTROLLED SUBSTANCES
SUBCHAPTER D. ELECTRONIC PRESCRIBING OF CONTROLLED SUBSTANCES
22 TAC §170.10
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 170, concerning Prescription of Controlled Substances. This includes Subchapter A, concerning Pain Management, §§170.1 – 170.3; Subchapter B, concerning Utilization of Opioid Antagonists, §§170.4 – 170.8; Subchapter C, concerning Prescription Monitoring Program Check, §170.9; and Subchapter D, concerning Electronic Prescribing of Controlled Substances, §170.10.
The Board also proposes new Chapter 170, concerning Standards for Use of Investigational Agents. This includes new Subchapter A, concerning Standards for Use of Investigational Drugs, Biological Products, or Devices, §170.1, and Subchapter B, concerning Investigational Stem Cell Treatments for Patients with Certain Severe Chronic Diseases or Terminal Illnesses, §170.5 and §170.6.
Also, the Board contemporaneously proposes the repeal of current Chapter 198, concerning Standards For Use of Investigational Agents. This includes Subchapter A, concerning Standards For Use of Investigational Drugs, Biological Products, Or Devices, §§198.1 – 198.4; and Subchapter B, concerning Investigational Stem Cell Treatments For Patients With Certain Severe Chronic Diseases Or Terminal Illnesses, §198.5 and §198.6.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 170 is more efficient than proposing multiple amendments to make the required changes.
Amending 22 TAC §170.1, to set forth the standards for use of investigational drugs, biological products, or devices.
CHAPTER 170. STANDARDS FOR USE OF INVESTIGATIONAL AGENTS
SUBCHAPTER A. STANDARDS FOR USE OF INVESTIGATIONAL DRUGS, BIOLOGICAL PRODUCTS, OR DEVICES
22 TAC §170.1
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 170, concerning Prescription of Controlled Substances. This includes Subchapter A, concerning Pain Management, §§170.1 – 170.3; Subchapter B, concerning Utilization of Opioid Antagonists, §§170.4 – 170.8; Subchapter C, concerning Prescription Monitoring Program Check, §170.9; and Subchapter D, concerning Electronic Prescribing of Controlled Substances, §170.10.
The Board also proposes new Chapter 170, concerning Standards for Use of Investigational Agents. This includes new Subchapter A, concerning Standards for Use of Investigational Drugs, Biological Products, or Devices, §170.1, and Subchapter B, concerning Investigational Stem Cell Treatments for Patients with Certain Severe Chronic Diseases or Terminal Illnesses, §170.5 and §170.6.
Also, the Board contemporaneously proposes the repeal of current Chapter 198, concerning Standards For Use of Investigational Agents. This includes Subchapter A, concerning Standards For Use of Investigational Drugs, Biological Products, Or Devices, §§198.1 – 198.4; and Subchapter B, concerning Investigational Stem Cell Treatments For Patients With Certain Severe Chronic Diseases Or Terminal Illnesses, §198.5 and §198.6.
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 170 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §170.1, General Standards for Use of Investigational Agents, explains the standards required of a physician who administers or provides for the use of investigational agents, drugs, biological products, or devices.
Amending 22 TAC §170.5, §170.6, to set forth the standards for use of stem cell treatments with certain severe chronic diseases or terminal illnesses.
CHAPTER 170. STANDARDS FOR USE OF INVESTIGATIONAL AGENTS
SUBCHAPTER B. INVESTIGATIONAL STEM CELL TREATMENTS FOR PATIENTS WITH CERTAIN SEVERE CHRONIC DISEASES OR TERMINAL ILLNESSES
22 TAC §170.5, §170.6
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 170, concerning Prescription of Controlled Substances. This includes Subchapter A, concerning Pain Management, §§170.1 – 170.3; Subchapter B, concerning Utilization of Opioid Antagonists, §§170.4 – 170.8; Subchapter C, concerning Prescription Monitoring Program Check, §170.9; and Subchapter D, concerning Electronic Prescribing of Controlled Substances, §170.10.
The Board also proposes new Chapter 170, concerning Standards for Use of Investigational Agents. This includes new Subchapter A, concerning Standards for Use of Investigational Drugs, Biological Products, or Devices, §170.1, and Subchapter B, concerning Investigational Stem Cell Treatments for Patients with Certain Severe Chronic Diseases or Terminal Illnesses, §170.5 and §170.6.
Also, the Board contemporaneously proposes the repeal of current Chapter 198, concerning Standards For Use of Investigational Agents. This includes Subchapter A, concerning Standards For Use of Investigational Drugs, Biological Products, Or Devices, §§198.1 – 198.4; and Subchapter B, concerning Investigational Stem Cell Treatments For Patients With Certain Severe Chronic Diseases Or Terminal Illnesses, §198.5 and §198.6.
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 170 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §170.5, General Standards for the Use of Investigational Stem Cell Treatments for Patients with Severe Chronic Diseases or Terminal Illnesses, explains the standard required of a physician who administers or provides for the use of Investigational Stem Cell treatments in patients.
New §170.6, Annual Reporting of Clinical Trial of Investigational Stem Cell Treatments, outlines reports required to be submitted to the board by IRBs overseeing clinical trials of investigational stem cell treatments.
Amending 22 TAC §§171.1 – 171.6, to repeal the current Chapter 171, concerning postgraduate training Permits, §§171.1 – 171.6.
CHAPTER 171. POSTGRADUATE TRAINING PERMITS
22 TAC §§171.1 – 171.6
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 171, concerning Postgraduate Training Permits, §§171.1 – 171.6.
The Board also proposes new Chapter 171, concerning New Complementary and Alternative Medicine Standards, §171.1 and §171.2.
Also, the Board contemporaneously proposes the repeal of current Chapter 200, concerning Standards For Physicians Practicing Complementary And Alternative Medicine, §§200.1 – 200.3.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 171 is more efficient than proposing multiple amendments to make the required changes.
Amending 22 TAC §§171.1 – 171.6, to define the terms used in the chapter and detail the required written consent disclosure form required prior to the use of complementary or alternative medicine.
CHAPTER 171. POSTGRADUATE TRAINING PERMITS
22 TAC §§171.1 – 171.6
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 171, concerning Postgraduate Training Permits, §§171.1 – 171.6.
The Board also proposes new Chapter 171, concerning New Complementary and Alternative Medicine Standards, §171.1 and §171.2.
Also, the Board contemporaneously proposes the repeal of current Chapter 200, concerning Standards For Physicians Practicing Complementary And Alternative Medicine, §§200.1 – 200.3.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 171 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §171.1, Definitions, defines terms used in the chapter.
New §171.2, Required Consent and Disclosure, details the required written consent and disclosure form required prior to the patient’s treatment by the physician using complementary or alternative medicine.
Amending 22 TAC §172.1, §172.2, to repeal the subchapter A, concerning general provisions and definitions.
CHAPTER 172. TEMPORARY AND LIMITED LICENSES
SUBCHAPTER A. GENERAL PROVISIONS AND DEFINITIONS
22 TAC §172.1, §172.2
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 172, concerning Temporary and Limited Licenses. This includes Subchapter A, concerning General Provisions and Definitions, §172.1 and §172.2; Subchapter B, concerning Temporary Licenses, §§172.3 – 172.11; Subchapter C, concerning Limited Licenses, §§172.12, 172.13, 172.15 – 172.19; Subchapter D, concerning Disaster Emergency Rule, §172.20 and §172.21.
The Board also proposes new Chapter 172, concerning Pain Management Clinics, §§172.1 – 172.5.
Also the Board contemporaneously proposes the repeal of current Chapter 195, concerning Pain Management Clinics, §§195.1 – 195.5.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 172 is more efficient than proposing multiple amendments to make the required changes.
Amending 22 TAC §§172.3 – 172.11, to repeal the subchapter B, concerning temporary licenses.
CHAPTER 172. TEMPORARY AND LIMITED LICENSES
SUBCHAPTER B. TEMPORARY LICENSES
22 TAC §§172.3 – 172.11
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 172, concerning Temporary and Limited Licenses. This includes Subchapter A, concerning General Provisions and Definitions, §172.1 and §172.2; Subchapter B, concerning Temporary Licenses, §§172.3 – 172.11; Subchapter C, concerning Limited Licenses, §§172.12, 172.13, 172.15 – 172.19; Subchapter D, concerning Disaster Emergency Rule, §172.20 and §172.21.
The Board also proposes new Chapter 172, concerning Pain Management Clinics, §§172.1 – 172.5.
Also the Board contemporaneously proposes the repeal of current Chapter 195, concerning Pain Management Clinics, §§195.1 – 195.5.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 172 is more efficient than proposing multiple amendments to make the required changes.
Amending 22 TAC §§172.12, 172.13, 172.15 – 172.19, to repeal subchapter C, concerning limited license.
CHAPTER 172. TEMPORARY AND LIMITED LICENSES
SUBCHAPTER C. LIMITED LICENSES
22 TAC §§172.12, 172.13, 172.15 – 172.19
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 172, concerning Temporary and Limited Licenses. This includes Subchapter A, concerning General Provisions and Definitions, §172.1 and §172.2; Subchapter B, concerning Temporary Licenses, §§172.3 – 172.11; Subchapter C, concerning Limited Licenses, §§172.12, 172.13, 172.15 – 172.19; Subchapter D, concerning Disaster Emergency Rule, §172.20 and §172.21.
The Board also proposes new Chapter 172, concerning Pain Management Clinics, §§172.1 – 172.5.
Also the Board contemporaneously proposes the repeal of current Chapter 195, concerning Pain Management Clinics, §§195.1 – 195.5.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 172 is more efficient than proposing multiple amendments to make the required changes.
Amending 22 TAC §172.20, §172.21, to repeal subchapter D, concerning disaster emergency rules.
CHAPTER 172. TEMPORARY AND LIMITED LICENSES
SUBCHAPTER D. DISASTER EMERGENCY RULE
22 TAC §172.20, §172.21
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 172, concerning Temporary and Limited Licenses. This includes Subchapter A, concerning General Provisions and Definitions, §172.1 and §172.2; Subchapter B, concerning Temporary Licenses, §§172.3 – 172.11; Subchapter C, concerning Limited Licenses, §§172.12, 172.13, 172.15 – 172.19; Subchapter D, concerning Disaster Emergency Rule, §172.20 and §172.21.
The Board also proposes new Chapter 172, concerning Pain Management Clinics, §§172.1 – 172.5.
Also the Board contemporaneously proposes the repeal of current Chapter 195, concerning Pain Management Clinics, §§195.1 – 195.5.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 172 is more efficient than proposing multiple amendments to make the required changes.
Amending 22 TAC §§172.1 – 172.5, to outline the requirements of a pain management clinic registration, and the eligibility criteria and application process; minimal operational standards, and regulatory scheme for Gold Practice designation.
CHAPTER 172. PAIN MANAGEMENT CLINICS
22 TAC §§172.1 – 172.5
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 172, concerning Temporary and Limited Licenses. This includes Subchapter A, concerning General Provisions and Definitions, §172.1 and §172.2; Subchapter B, concerning Temporary Licenses, §§172.3 – 172.11; Subchapter C, concerning Limited Licenses, §§172.12, 172.13, 172.15 – 172.19; Subchapter D, concerning Disaster Emergency Rule, §172.20 and §172.21.
The Board also proposes new Chapter 172, concerning Pain Management Clinics, §§172.1 – 172.5.
Also the Board contemporaneously proposes the repeal of current Chapter 195, concerning Pain Management Clinics, §§195.1 – 195.5.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 172 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §172.1, Definitions, defines the various forms of pain that implicates need of Pain Management Clinic Registration.
New §172.2, Gold Designated Practice, explains the eligibility criteria and application process for the Gold Practice designation.
New §172.3, Certification of a Pain Management Clinic, explains which clinics must register as a Pain Management Clinic and the procedures and information needed for processing certificate applications.
New §172.4, Minimum Operational Standards, explains minimum standards for any physician treating a pain patient.
New §172.5, Audits, Inspections, and Investigations, explains the board’s regulatory actions of audits, inspections, and investigations. It details the information requested and the process followed by the board during these actions.
Amending 22 TAC §§173.1 – 173.5, 173.7, to repeal the current Chapter 173, concerning physician profiles.
CHAPTER 173. PHYSICIAN PROFILES
22 TAC §§173.1 – 173.5, 173.7
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 173, concerning Physician Profiles, §§173.1 – 173.5, and §173.7.
The Board also proposes new Chapter 173, concerning Office-Based Anesthesia Services, §§173.1 – 173.5.
Also, the Board contemporaneously proposes the repeal of current Chapter 192, concerning Office-Based Anesthesia Services, §§192.1 – 192.6.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 173 is more efficient than proposing multiple amendments to make the required changes.
Amending 22 TAC §§173.1 – 173.5, to explain the minimal equipment requirements when providing anesthesia services in an outpatient setting, specific requirements for the provision of higher levels of anesthesia services, registration requirements, and inspections.
CHAPTER 173. OFFICE-BASED ANESTHESIA SERVICES
22 TAC §§173.1 – 173.5
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 173, concerning Physician Profiles, §§173.1 – 173.5, and §173.7.
The Board also proposes new Chapter 173, concerning Office-Based Anesthesia Services, §§173.1 – 173.5.
Also, the Board contemporaneously proposes the repeal of current Chapter 192, concerning Office-Based Anesthesia Services, §§192.1 – 192.6.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 173 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §173.1, General Definitions, defines terms used in new Chapter 173.
New §173.2, Standards for Anesthesia Services, explains the standards and minimum equipment requirements when providing anesthesia services in an outpatient setting.
New §173.3, Specific Requirements Based on Level of Anesthesia Provided, explains the additional standards applicable to outpatient settings based upon the level of anesthesia being provided in Level I, Level II, Level III, and Level IV anesthesia services.
New §173.4, Registration, explains the process in which a physician providing anesthesia services or performing a procedure for anesthesia services are provided in an outpatient setting (excluding Level I services) must register with the board.
New §173.5, Inspections, explains that the board may conduct inspections for the purpose of enforcing Office-Based Anesthesia rules.
Amending 22 TAC §§174.1 – 174.8, to repeal the current subchapter A, concerning telemedicine.
CHAPTER 174. TELEMEDICINE
SUBCHAPTER A. TELEMEDICINE
22 TAC §§174.1 – 174.8
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 174 concerning Telemedicine. This includes Subchapter A, concerning Telemedicine, §§174.1 – 174.8; and Subchapter B, concerning Mental Health Services, §§174.9.
The Board also proposes new Chapter 174, concerning Business Organizations. This includes new Subchapter A, concerning Non-Profit Health Organizations, §§174.1 and 174.2; Subchapter B, concerning Jointly Owned Entities; §174.5; and Subchapter C, concerning Physician Call Coverage Arrangements, §174.10.
Also, the Board contemporaneously proposes the repeal of current Chapter 177, concerning Business Organizations and Agreements. This includes Subchapter A, concerning Definitions, §177.1; Subchapter B, concerning Non-Profit Health Organizations, §§177.2 – 177.13; Subchapter C, concerning Jointly Owned Entities, §§177.14 – 177.16; Subchapter D, concerning Employment of Physicians, §177.17; and Subchapter E, concerning Physician Call Coverage Medical Services, §177.18 and §177.20.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 174 is more efficient than proposing multiple amendments to make the required changes.
Amending 22 TAC §174.1, §174.2, to describe the process of certification of a Non-Profit Health Organization.
CHAPTER 174. BUSINESS ORGANIZATIONS
SUBCHAPTER A. NON-PROFIT HEALTH ORGANIZATIONS
22 TAC §174.1, §174.2
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 174 concerning Telemedicine. This includes Subchapter A, concerning Telemedicine, §§174.1 – 174.8; and Subchapter B, concerning Mental Health Services, §§174.9.
The Board also proposes new Chapter 174, concerning Business Organizations. This includes new Subchapter A, concerning Non-Profit Health Organizations, §§174.1 and 174.2; Subchapter B, concerning Jointly Owned Entities; §174.5; and Subchapter C, concerning Physician Call Coverage Arrangements, §174.10.
Also, the Board contemporaneously proposes the repeal of current Chapter 177, concerning Business Organizations and Agreements. This includes Subchapter A, concerning Definitions, §177.1; Subchapter B, concerning Non-Profit Health Organizations, §§177.2 – 177.13; Subchapter C, concerning Jointly Owned Entities, §§177.14 – 177.16; Subchapter D, concerning Employment of Physicians, §177.17; and Subchapter E, concerning Physician Call Coverage Medical Services, §177.18 and §177.20.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 174 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §174.1, Definitions, gives definitions for terms used in new Chapter 174.
New §174.2, Certification of a Non-Profit Health Organization, describes the process of certification of a Non-Profit Health Organization.
Amending 22 TAC §174.9, to repeal the current subchapter B, concerning mental health services.
CHAPTER 174. TELEMEDICINE
SUBCHAPTER B. MENTAL HEALTH SERVICES
22 TAC §174.9
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 174 concerning Telemedicine. This includes Subchapter A, concerning Telemedicine, §§174.1 – 174.8; and Subchapter B, concerning Mental Health Services, §§174.9.
The Board also proposes new Chapter 174, concerning Business Organizations. This includes new Subchapter A, concerning Non-Profit Health Organizations, §§174.1 and 174.2; Subchapter B, concerning Jointly Owned Entities; §174.5; and Subchapter C, concerning Physician Call Coverage Arrangements, §174.10.
Also, the Board contemporaneously proposes the repeal of current Chapter 177, concerning Business Organizations and Agreements. This includes Subchapter A, concerning Definitions, §177.1; Subchapter B, concerning Non-Profit Health Organizations, §§177.2 – 177.13; Subchapter C, concerning Jointly Owned Entities, §§177.14 – 177.16; Subchapter D, concerning Employment of Physicians, §177.17; and Subchapter E, concerning Physician Call Coverage Medical Services, §177.18 and §177.20.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 174 is more efficient than proposing multiple amendments to make the required changes.
Amending 22 TAC §174.5, to provide the requirements for the Physician and Physician Assistant’s joint ownership.
CHAPTER 174. TELEMEDICINE
SUBCHAPTER B. JOINTLY OWNED ENTITIES
22 TAC §174.5
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 174 concerning Telemedicine. This includes Subchapter A, concerning Telemedicine, §§174.1 – 174.8; and Subchapter B, concerning Mental Health Services, §§174.9.
The Board also proposes new Chapter 174, concerning Business Organizations. This includes new Subchapter A, concerning Non-Profit Health Organizations, §§174.1 and 174.2; Subchapter B, concerning Jointly Owned Entities; §174.5; and Subchapter C, concerning Physician Call Coverage Arrangements, §174.10.
Also, the Board contemporaneously proposes the repeal of current Chapter 177, concerning Business Organizations and Agreements. This includes Subchapter A, concerning Definitions, §177.1; Subchapter B, concerning Non-Profit Health Organizations, §§177.2 – 177.13; Subchapter C, concerning Jointly Owned Entities, §§177.14 – 177.16; Subchapter D, concerning Employment of Physicians, §177.17; and Subchapter E, concerning Physician Call Coverage Medical Services, §177.18 and §177.20.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 174 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New Section 174.5. Joint Ownership, provides the requirements for the Physician and Physician Assistant’s joint ownership in compliance with Chapter 301, Texas Business Organizations Code.
Amending 22 TAC §174.10, to set forth the minimum requirements for a physician’s call coverage agreement to another physician.
CHAPTER 174. TELEMEDICINE
SUBCHAPTER C. PHYSICIAN CALL COVERAGE AGREEMENTS
22 TAC §174.10
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 174 concerning Telemedicine. This includes Subchapter A, concerning Telemedicine, §§174.1 – 174.8; and Subchapter B, concerning Mental Health Services, §§174.9.
The Board also proposes new Chapter 174, concerning Business Organizations. This includes new Subchapter A, concerning Non-Profit Health Organizations, §§174.1 and 174.2; Subchapter B, concerning Jointly Owned Entities; §174.5; and Subchapter C, concerning Physician Call Coverage Arrangements, §174.10.
Also, the Board contemporaneously proposes the repeal of current Chapter 177, concerning Business Organizations and Agreements. This includes Subchapter A, concerning Definitions, §177.1; Subchapter B, concerning Non-Profit Health Organizations, §§177.2 – 177.13; Subchapter C, concerning Jointly Owned Entities, §§177.14 – 177.16; Subchapter D, concerning Employment of Physicians, §177.17; and Subchapter E, concerning Physician Call Coverage Medical Services, §177.18 and §177.20.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 174 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New Section 174.10. Call Coverage Agreement Minimum Requirements, sets forth minimum requirements for a physician to follow regarding a call coverage agreement for another physician.
Amending 22 TAC §§175.1 – 175.5, to repeal the current Chapter 175, concerning fees and penalties.
CHAPTER 175. FEES AND PENALTIES
22 TAC §§175.1 – 175.5
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 175, concerning Fees and Penalties, §§175.1 – 175.5.
The Board also proposes new Chapter 175, concerning Telemedicine, §§175.1 – 175.3.
Also, the Board contemporaneously proposes the repeal of current Chapter 174, concerning Telemedicine. This includes Subchapter A, concerning Telemedicine, §§174.1 – 174.8; and Subchapter B, concerning Mental Health Services, §174.9.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 175 is more efficient than proposing multiple amendments to make the required changes.
Amending 22 TAC §§175.1 – 175.3, to explain the practicing requirements of a physician providing telemedicine in Teas.
CHAPTER 175. TELEMEDICINE
22 TAC §§175.1 – 175.3
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 175, concerning Fees and Penalties, §§175.1 – 175.5.
The Board also proposes new Chapter 175, concerning Telemedicine, §§175.1 – 175.3.
Also, the Board contemporaneously proposes the repeal of current Chapter 174, concerning Telemedicine. This includes Subchapter A, concerning Telemedicine, §§174.1 – 174.8; and Subchapter B, concerning Mental Health Services, §174.9.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 175 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY:
New §175.1. License Required, explains that a physician practicing telemedicine in Texas must hold a full Texas medical license, with some limited exceptions.
New §175.2. Telemedicine Services, explains that telemedicine services must be performed in compliance with the Medical Practice Act and Chapter 111 of the Texas Occupations Code.
New §175.3. Requirements for a Valid Prescription, explains the requirements for a valid prescription using telemedicine. It also explains the requirements for prescribing for chronic pain using telemedicine.
Amending 22 TAC §§176.1 – 176.9, to repeal the current Chapter 176, concerning health care liability lawsuits and settlements.
CHAPTER 176. HEALTH CARE LIABILITY LAWSUITS AND SETTLEMENTS
22 TAC §§176.1 – 176.9
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 176, concerning Health Care Liability Lawsuits and Settlements, §§176.1 – 176.9.
The Board also proposes new Chapter 176, concerning Reporting Malpractice Claims, §176.1 and §176.2.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 176 is more efficient than proposing multiple amendments to make the required changes.
Amending 22 TAC §176.1, §176.2, to explain the content requirements and process for reporting healthcare liability and malpractice claims to the board.
CHAPTER 176. REPORTING MALPRACTICE CLAIMS
22 TAC §176.1, §176.2
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 176, concerning Health Care Liability Lawsuits and Settlements, §§176.1 – 176.9.
The Board also proposes new Chapter 176, concerning Reporting Malpractice Claims, §176.1 and §176.2.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 176 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §176.1, Definitions, defines terms used in new Chapter 176.
New §176.2, Required Reporting, explains the content required and the process for reporting healthcare liability and malpractice claims to the board.
Amending 22 TAC §177.1, to repeal the current subchapter A, concerning definitions.
CHAPTER 177. BUSINESS ORGANIZATIONS AND AGREEMENTS
SUBCHAPTER A. DEFINITIONS
22 TAC §177.1
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 177, concerning Business Organizations and Agreements. This includes Subchapter A, concerning Definitions, §177.1, Subchapter B, concerning Non-Profit Health Organizations, §§177.2 – 177.13, Subchapter C, concerning Jointly Owned Entities, §§177.14 – 177.16, Subchapter D, concerning Employment of Physicians, §177.17, Subchapter E, concerning Physician Call Coverage Medical Services, §§177.18, 177.20.
The Board also proposes new Chapter 177, concerning Complaints and Investigations. This includes new Subchapter A, concerning Complaints, §§177.1 – 177.3; Subchapter B, concerning Investigative Process, §§177.10 – 177.13, and Subchapter C, concerning Expert Panel Review, §177.20 and §177.21.
Also, the Board contemporaneously proposes the repeal of the following current chapters:
Chapter 178, concerning Complaints, §§178.1 – 178.9;
Chapter 179, concerning Investigations, §§179.1 – 179.8; and
Chapter 182, concerning Use of Experts, §182.1, §182.3, §182.5, and §182.8.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 177 is more efficient than proposing multiple amendments to make the required changes.
Amending 22 TAC §§177.2 – 177.13, to repeal the current subchapter B, concerning non-profit health organizations.
CHAPTER 177. BUSINESS ORGANIZATIONS AND AGREEMENTS
SUBCHAPTER B. NON-PROFIT HEALTH ORGANIZATIONS
22 TAC §§177.2 – 177.13
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 177, concerning Business Organizations and Agreements. This includes Subchapter A, concerning Definitions, §177.1, Subchapter B, concerning Non-Profit Health Organizations, §§177.2 – 177.13, Subchapter C, concerning Jointly Owned Entities, §§177.14 – 177.16, Subchapter D, concerning Employment of Physicians, §177.17, Subchapter E, concerning Physician Call Coverage Medical Services, §§177.18, 177.20.
The Board also proposes new Chapter 177, concerning Complaints and Investigations. This includes new Subchapter A, concerning Complaints, §§177.1 – 177.3; Subchapter B, concerning Investigative Process, §§177.10 – 177.13, and Subchapter C, concerning Expert Panel Review, §177.20 and §177.21.
Also, the Board contemporaneously proposes the repeal of the following current chapters:
Chapter 178, concerning Complaints, §§178.1 – 178.9;
Chapter 179, concerning Investigations, §§179.1 – 179.8; and
Chapter 182, concerning Use of Experts, §182.1, §182.3, §182.5, and §182.8.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 177 is more efficient than proposing multiple amendments to make the required changes.
Amending 22 TAC §§177.14 – 177.16, to repeal the current subchapter C, concerning jointly owned entities.
CHAPTER 177. BUSINESS ORGANIZATIONS AND AGREEMENTS
SUBCHAPTER C. JOINTLY OWNED ENTITIES
22 TAC §§177.14 – 177.16
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 177, concerning Business Organizations and Agreements. This includes Subchapter A, concerning Definitions, §177.1, Subchapter B, concerning Non-Profit Health Organizations, §§177.2 – 177.13, Subchapter C, concerning Jointly Owned Entities, §§177.14 – 177.16, Subchapter D, concerning Employment of Physicians, §177.17, Subchapter E, concerning Physician Call Coverage Medical Services, §§177.18, 177.20.
The Board also proposes new Chapter 177, concerning Complaints and Investigations. This includes new Subchapter A, concerning Complaints, §§177.1 – 177.3; Subchapter B, concerning Investigative Process, §§177.10 – 177.13, and Subchapter C, concerning Expert Panel Review, §177.20 and §177.21.
Also, the Board contemporaneously proposes the repeal of the following current chapters:
Chapter 178, concerning Complaints, §§178.1 – 178.9;
Chapter 179, concerning Investigations, §§179.1 – 179.8; and
Chapter 182, concerning Use of Experts, §182.1, §182.3, §182.5, and §182.8.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 177 is more efficient than proposing multiple amendments to make the required changes.
Amending 22 TAC §177.17, to repeal the current subchapter concerning the employment of physicians.
CHAPTER 177. BUSINESS ORGANIZATIONS AND AGREEMENTS
SUBCHAPTER D. EMPLOYMENT OF PHYSICIANS
22 TAC §177.17
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 177, concerning Business Organizations and Agreements. This includes Subchapter A, concerning Definitions, §177.1, Subchapter B, concerning Non-Profit Health Organizations, §§177.2 – 177.13, Subchapter C, concerning Jointly Owned Entities, §§177.14 – 177.16, Subchapter D, concerning Employment of Physicians, §177.17, Subchapter E, concerning Physician Call Coverage Medical Services, §§177.18, 177.20.
The Board also proposes new Chapter 177, concerning Complaints and Investigations. This includes new Subchapter A, concerning Complaints, §§177.1 – 177.3; Subchapter B, concerning Investigative Process, §§177.10 – 177.13, and Subchapter C, concerning Expert Panel Review, §177.20 and §177.21.
Also, the Board contemporaneously proposes the repeal of the following current chapters:
Chapter 178, concerning Complaints, §§178.1 – 178.9;
Chapter 179, concerning Investigations, §§179.1 – 179.8; and
Chapter 182, concerning Use of Experts, §182.1, §182.3, §182.5, and §182.8.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 177 is more efficient than proposing multiple amendments to make the required changes.
Amending 22 TAC §177.18, §177.20, to repeal the current subchapter concerning physician call coverage medical services.
CHAPTER 177. BUSINESS ORGANIZATIONS AND AGREEMENTS
SUBCHAPTER E. PHYSICIAN CALL COVERAGE MEDICAL SERVICES
22 TAC §177.18, §177.20
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 177, concerning Business Organizations and Agreements. This includes Subchapter A, concerning Definitions, §177.1, Subchapter B, concerning Non-Profit Health Organizations, §§177.2 – 177.13, Subchapter C, concerning Jointly Owned Entities, §§177.14 – 177.16, Subchapter D, concerning Employment of Physicians, §177.17, Subchapter E, concerning Physician Call Coverage Medical Services, §§177.18, 177.20.
The Board also proposes new Chapter 177, concerning Complaints and Investigations. This includes new Subchapter A, concerning Complaints, §§177.1 – 177.3; Subchapter B, concerning Investigative Process, §§177.10 – 177.13, and Subchapter C, concerning Expert Panel Review, §177.20 and §177.21.
Also, the Board contemporaneously proposes the repeal of the following current chapters:
Chapter 178, concerning Complaints, §§178.1 – 178.9;
Chapter 179, concerning Investigations, §§179.1 – 179.8; and
Chapter 182, concerning Use of Experts, §182.1, §182.3, §182.5, and §182.8.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 177 is more efficient than proposing multiple amendments to make the required changes.
Amending 22 TAC §§177.1 – 177.3, to require the positing of information on the requirements and process to file complaints.
CHAPTER 177. COMPLAINTS AND INVESTIGATIONS
SUBCHAPTER A. COMPLAINTS
22 TAC §§177.1 – 177.3
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 177, concerning Business Organizations and Agreements. This includes Subchapter A, concerning Definitions, §177.1, Subchapter B, concerning Non-Profit Health Organizations, §§177.2 – 177.13, Subchapter C, concerning Jointly Owned Entities, §§177.14 – 177.16, Subchapter D, concerning Employment of Physicians, §177.17, Subchapter E, concerning Physician Call Coverage Medical Services, §§177.18, 177.20.
The Board also proposes new Chapter 177, concerning Complaints and Investigations. This includes new Subchapter A, concerning Complaints, §§177.1 – 177.3; Subchapter B, concerning Investigative Process, §§177.10 – 177.13, and Subchapter C, concerning Expert Panel Review, §177.20 and §177.21.
Also, the Board contemporaneously proposes the repeal of the following current chapters:
Chapter 178, concerning Complaints, §§178.1 – 178.9;
Chapter 179, concerning Investigations, §§179.1 – 179.8; and
Chapter 182, concerning Use of Experts, §182.1, §182.3, §182.5, and §182.8.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 177 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §177.1, Definitions, explains the meaning of several terms as used in new Chapter 177.
New §177.2, Mandatory Complaint Notification, requires the posting of a notice of how to file a complaint and explains to whom the requirement applies.
New §177.3, Complaint Initiation, explains how to file a complaint and what information a complaint must contain.
Amending 22 TAC §§177.10 – 177.13, to explain the process to conduct a preliminary investigation and to appeal the dismissal of a complaint.
CHAPTER 177. COMPLAINTS AND INVESTIGATIONS
SUBCHAPTER B. INVESTIGATIVE PROCESS
22 TAC §§177.10 – 177.13
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 177, concerning Business Organizations and Agreements. This includes Subchapter A, concerning Definitions, §177.1, Subchapter B, concerning Non-Profit Health Organizations, §§177.2 – 177.13, Subchapter C, concerning Jointly Owned Entities, §§177.14 – 177.16, Subchapter D, concerning Employment of Physicians, §177.17, Subchapter E, concerning Physician Call Coverage Medical Services, §§177.18, 177.20.
The Board also proposes new Chapter 177, concerning Complaints and Investigations. This includes new Subchapter A, concerning Complaints, §§177.1 – 177.3; Subchapter B, concerning Investigative Process, §§177.10 – 177.13, and Subchapter C, concerning Expert Panel Review, §177.20 and §177.21.
Also, the Board contemporaneously proposes the repeal of the following current chapters:
Chapter 178, concerning Complaints, §§178.1 – 178.9;
Chapter 179, concerning Investigations, §§179.1 – 179.8; and
Chapter 182, concerning Use of Experts, §182.1, §182.3, §182.5, and §182.8.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 177 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §177.10, Preliminary Investigation, explains how a preliminary investigation is to be conducted and how it is utilized by the board.
New §177.11, Official Investigation, how an official investigation is to be conducted and how it is utilized by the board.
New §177.12, Appeal of Dismissal, explains the process for a complainant to appeal the dismissal of a complaint and the possible outcomes of a complainant’s appeal.
New §177.13, Probable Cause Guidelines for Requiring Mental or Physical Examination, explains the process for the board to order a mental or physical examination of a licensee if there is cause for concern regarding the fitness of the licensee to practice the regulated profession.
Amending 22 TAC §177.20, §177.21, to explain the general qualifications to act as an expert reviewer for the board and the selection and assignment process of expert reviewers.
CHAPTER 177. COMPLAINTS AND INVESTIGATIONS
SUBCHAPTER C. EXPERT PANEL REVIEW
22 TAC §177.20, §177.21
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 177, concerning Business Organizations and Agreements. This includes Subchapter A, concerning Definitions, §177.1, Subchapter B, concerning Non-Profit Health Organizations, §§177.2 – 177.13, Subchapter C, concerning Jointly Owned Entities, §§177.14 – 177.16, Subchapter D, concerning Employment of Physicians, §177.17, Subchapter E, concerning Physician Call Coverage Medical Services, §§177.18, 177.20.
The Board also proposes new Chapter 177, concerning Complaints and Investigations. This includes new Subchapter A, concerning Complaints, §§177.1 – 177.3; Subchapter B, concerning Investigative Process, §§177.10 – 177.13, and Subchapter C, concerning Expert Panel Review, §177.20 and §177.21.
Also, the Board contemporaneously proposes the repeal of the following current chapters:
Chapter 178, concerning Complaints, §§178.1 – 178.9;
Chapter 179, concerning Investigations, §§179.1 – 179.8; and
Chapter 182, concerning Use of Experts, §182.1, §182.3, §182.5, and §182.8.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 177 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §177.20, Qualifications, explains the general qualifications necessary to act as an expert reviewer for the board.
New §177.21, Expert Reviewer Selection and Report, explains the selection and assignment process for assigning expert reviewers and duties if assigned as an expert reviewer.
Amending 22 TAC §§178.1 – 178.9, to repeal the current Chapter 178, concerning complaints.
CHAPTER 178. COMPLAINTS
22 TAC §§178.1 – 178.9
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 178, concerning Complaints, §§178.1 – 178.9.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200 as part of the Board’s rule review, repeal of Chapter 178 in its entirety is more efficient than proposing multiple amendments to make the required changes.
Amending 22 TAC §§179.1 – 179.8, to repeal the current Chapter 179, concerning investigations.
CHAPTER 179. INVESTIGATIONS
22 TAC §§179.1 – 179.8
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 179, concerning Investigations, §§179.1 – 179.8.
The Board also proposes new Chapter 179, concerning Procedural Rules. This includes new Subchapter A, concerning Definitions, §179.1; Subchapter B, concerning Reporting Requirements, §179.5; Subchapter C, concerning Pre-Settlement Conference Resolution Process, §179.10; Subchapter D, concerning Informal Settlement Conference, §§179.15 and 179.16; Subchapter E, concerning Contested Case Procedure §179.20; Subchapter F, concerning Temporary Suspension or Restriction Proceedings, §179.25 and §179.26; Subchapter G, concerning Suspension by Operation of Law, §179.30; Subchapter H, concerning Cease and Desist Orders, §179.35; and Subchapter I, concerning Out-of-Network Billing, §179.40.
Also, the Board contemporaneously proposes the repeal of current Chapter 187, concerning Procedural Rules. This includes Subchapter A, concerning General Provisions and Definitions, §§187.1 – 187.9; Subchapter B, concerning Informal Board Proceedings, §187.10, §187.11, §§187.13 – 187.16, §§187.18 – 21; Subchapter C, concerning Formal Board Proceedings at SOAH, §§187.22 – 187.31, 187.33; Subchapter D, concerning Formal Board Proceedings, §§187.35 – 187.37, 187.39, 187.42; Subchapter E, concerning Proceedings Relating to Probationers, §§187.43 – 187.45; Subchapter F, concerning Temporary Suspension and Restriction Proceedings, §§187.55 – 187.62; Subchapter G, concerning Suspension By Operation Of Law, §§187.70 – 187.72; Subchapter H, concerning Imposition of Administrative Penalty, §§187.75 – 187.82; Subchapter I, concerning Proceedings For Cease And Desist Orders, §187.83, §187.84; and Subchapter J, concerning Procedures Related To Out-Of-Network Health Benefit Claim Dispute Resolution, §§187.85 – 187.89.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 179 is more efficient than proposing multiple amendments to make the required changes.
Amending 22 TAC §179.1, to define the terms used in the new chapter.
CHAPTER 179. PROCEDURAL RULES
SUBCHAPTER A. DEFINITIONS
22 TAC §179.1
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 179, concerning Investigations, §§179.1 – 179.8.
The Board also proposes new Chapter 179, concerning Procedural Rules. This includes new Subchapter A, concerning Definitions, §179.1; Subchapter B, concerning Reporting Requirements, §179.5; Subchapter C, concerning Pre-Settlement Conference Resolution Process, §179.10; Subchapter D, concerning Informal Settlement Conference, §§179.15 and 179.16; Subchapter E, concerning Contested Case Procedure §179.20; Subchapter F, concerning Temporary Suspension or Restriction Proceedings, §179.25 and §179.26; Subchapter G, concerning Suspension by Operation of Law, §179.30; Subchapter H, concerning Cease and Desist Orders, §179.35; and Subchapter I, concerning Out-of-Network Billing, §179.40.
Also, the Board contemporaneously proposes the repeal of current Chapter 187, concerning Procedural Rules. This includes Subchapter A, concerning General Provisions and Definitions, §§187.1 – 187.9; Subchapter B, concerning Informal Board Proceedings, §187.10, §187.11, §§187.13 – 187.16, §§187.18 – 21; Subchapter C, concerning Formal Board Proceedings at SOAH, §§187.22 – 187.31, 187.33; Subchapter D, concerning Formal Board Proceedings, §§187.35 – 187.37, 187.39, 187.42; Subchapter E, concerning Proceedings Relating to Probationers, §§187.43 – 187.45; Subchapter F, concerning Temporary Suspension and Restriction Proceedings, §§187.55 – 187.62; Subchapter G, concerning Suspension By Operation Of Law, §§187.70 – 187.72; Subchapter H, concerning Imposition of Administrative Penalty, §§187.75 – 187.82; Subchapter I, concerning Proceedings For Cease And Desist Orders, §187.83, §187.84; and Subchapter J, concerning Procedures Related To Out-Of-Network Health Benefit Claim Dispute Resolution, §§187.85 – 187.89.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 179 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §179.1, Definitions, explains the meaning of certain specific terms as used in new Chapter 179.
CHAPTER 179. PROCEDURAL RULES
SUBCHAPTER B. REPORTING REQUIREMENTS
22 TAC §179.5
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 179, concerning Investigations, §§179.1 – 179.8.
The Board also proposes new Chapter 179, concerning Procedural Rules. This includes new Subchapter A, concerning Definitions, §179.1; Subchapter B, concerning Reporting Requirements, §179.5; Subchapter C, concerning Pre-Settlement Conference Resolution Process, §179.10; Subchapter D, concerning Informal Settlement Conference, §§179.15 and 179.16; Subchapter E, concerning Contested Case Procedure §179.20; Subchapter F, concerning Temporary Suspension or Restriction Proceedings, §179.25 and §179.26; Subchapter G, concerning Suspension by Operation of Law, §179.30; Subchapter H, concerning Cease and Desist Orders, §179.35; and Subchapter I, concerning Out-of-Network Billing, §179.40.
Also, the Board contemporaneously proposes the repeal of current Chapter 187, concerning Procedural Rules. This includes Subchapter A, concerning General Provisions and Definitions, §§187.1 – 187.9; Subchapter B, concerning Informal Board Proceedings, §187.10, §187.11, §§187.13 – 187.16, §§187.18 – 21; Subchapter C, concerning Formal Board Proceedings at SOAH, §§187.22 – 187.31, 187.33; Subchapter D, concerning Formal Board Proceedings, §§187.35 – 187.37, 187.39, 187.42; Subchapter E, concerning Proceedings Relating to Probationers, §§187.43 – 187.45; Subchapter F, concerning Temporary Suspension and Restriction Proceedings, §§187.55 – 187.62; Subchapter G, concerning Suspension By Operation Of Law, §§187.70 – 187.72; Subchapter H, concerning Imposition of Administrative Penalty, §§187.75 – 187.82; Subchapter I, concerning Proceedings For Cease And Desist Orders, §187.83, §187.84; and Subchapter J, concerning Procedures Related To Out-Of-Network Health Benefit Claim Dispute Resolution, §§187.85 – 187.89.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 179 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §179.5, Reports to Outside Entities, explains the board’s mandatory reporting related to board actions.
Amending 22 TAC §179.10, to explain the process utilized by the board for potential disposition of certain complaints prior to the convening of an Informal Settlement Conference (ISC).
CHAPTER 179. PROCEDURAL RULES
SUBCHAPTER C. PRE-SETTLEMENT CONFERENCE RESOLUTION PROCESS
22 TAC §179.10
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 179, concerning Investigations, §§179.1 – 179.8.
The Board also proposes new Chapter 179, concerning Procedural Rules. This includes new Subchapter A, concerning Definitions, §179.1; Subchapter B, concerning Reporting Requirements, §179.5; Subchapter C, concerning Pre-Settlement Conference Resolution Process, §179.10; Subchapter D, concerning Informal Settlement Conference, §§179.15 and 179.16; Subchapter E, concerning Contested Case Procedure §179.20; Subchapter F, concerning Temporary Suspension or Restriction Proceedings, §179.25 and §179.26; Subchapter G, concerning Suspension by Operation of Law, §179.30; Subchapter H, concerning Cease and Desist Orders, §179.35; and Subchapter I, concerning Out-of-Network Billing, §179.40.
Also, the Board contemporaneously proposes the repeal of current Chapter 187, concerning Procedural Rules. This includes Subchapter A, concerning General Provisions and Definitions, §§187.1 – 187.9; Subchapter B, concerning Informal Board Proceedings, §187.10, §187.11, §§187.13 – 187.16, §§187.18 – 21; Subchapter C, concerning Formal Board Proceedings at SOAH, §§187.22 – 187.31, 187.33; Subchapter D, concerning Formal Board Proceedings, §§187.35 – 187.37, 187.39, 187.42; Subchapter E, concerning Proceedings Relating to Probationers, §§187.43 – 187.45; Subchapter F, concerning Temporary Suspension and Restriction Proceedings, §§187.55 – 187.62; Subchapter G, concerning Suspension By Operation Of Law, §§187.70 – 187.72; Subchapter H, concerning Imposition of Administrative Penalty, §§187.75 – 187.82; Subchapter I, concerning Proceedings For Cease And Desist Orders, §187.83, §187.84; and Subchapter J, concerning Procedures Related To Out-Of-Network Health Benefit Claim Dispute Resolution, §§187.85 – 187.89.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 179 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §179.10, Quality Assurance Panel, explains the process utilized by the board for potential disposition of certain complaints prior to the convening of an Informal Settlement Conference (ISC).
Amending 22 TAC §179.15, §179.16, to explain the content of the notice of the ISC to a licensee.
CHAPTER 179. PROCEDURAL RULES
SUBCHAPTER D. INFORMAL SETTLEMENT CONFERENCE
22 TAC §179.15, §179.16
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 179, concerning Investigations, §§179.1 – 179.8.
The Board also proposes new Chapter 179, concerning Procedural Rules. This includes new Subchapter A, concerning Definitions, §179.1; Subchapter B, concerning Reporting Requirements, §179.5; Subchapter C, concerning Pre-Settlement Conference Resolution Process, §179.10; Subchapter D, concerning Informal Settlement Conference, §§179.15 and 179.16; Subchapter E, concerning Contested Case Procedure §179.20; Subchapter F, concerning Temporary Suspension or Restriction Proceedings, §179.25 and §179.26; Subchapter G, concerning Suspension by Operation of Law, §179.30; Subchapter H, concerning Cease and Desist Orders, §179.35; and Subchapter I, concerning Out-of-Network Billing, §179.40.
Also, the Board contemporaneously proposes the repeal of current Chapter 187, concerning Procedural Rules. This includes Subchapter A, concerning General Provisions and Definitions, §§187.1 – 187.9; Subchapter B, concerning Informal Board Proceedings, §187.10, §187.11, §§187.13 – 187.16, §§187.18 – 21; Subchapter C, concerning Formal Board Proceedings at SOAH, §§187.22 – 187.31, 187.33; Subchapter D, concerning Formal Board Proceedings, §§187.35 – 187.37, 187.39, 187.42; Subchapter E, concerning Proceedings Relating to Probationers, §§187.43 – 187.45; Subchapter F, concerning Temporary Suspension and Restriction Proceedings, §§187.55 – 187.62; Subchapter G, concerning Suspension By Operation Of Law, §§187.70 – 187.72; Subchapter H, concerning Imposition of Administrative Penalty, §§187.75 – 187.82; Subchapter I, concerning Proceedings For Cease And Desist Orders, §187.83, §187.84; and Subchapter J, concerning Procedures Related To Out-Of-Network Health Benefit Claim Dispute Resolution, §§187.85 – 187.89.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 179 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §179.15, Informal Settlement Conferences (ISC) Notice, explains the content of the notice of the ISC to a licensee. It also explains a licensee’s ability to submit information for consideration at the ISC, request for recordation of the ISC, and a request for continuance of the ISC.
New §179.16, Conduct of the Informal Settlement Conference (ISC), explains how an ISC will generally be conducted and possible complaint resolutions that may be offered at an ISC.
Amending 22 TAC §179.20, to explain the opportunity for a licensee to attend and provide oral argument to the board.
CHAPTER 179. PROCEDURAL RULES
SUBCHAPTER E. CONTESTED CASE PROCEDURE
22 TAC §179.20
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 179, concerning Investigations, §§179.1 – 179.8.
The Board also proposes new Chapter 179, concerning Procedural Rules. This includes new Subchapter A, concerning Definitions, §179.1; Subchapter B, concerning Reporting Requirements, §179.5; Subchapter C, concerning Pre-Settlement Conference Resolution Process, §179.10; Subchapter D, concerning Informal Settlement Conference, §§179.15 and 179.16; Subchapter E, concerning Contested Case Procedure §179.20; Subchapter F, concerning Temporary Suspension or Restriction Proceedings, §179.25 and §179.26; Subchapter G, concerning Suspension by Operation of Law, §179.30; Subchapter H, concerning Cease and Desist Orders, §179.35; and Subchapter I, concerning Out-of-Network Billing, §179.40.
Also, the Board contemporaneously proposes the repeal of current Chapter 187, concerning Procedural Rules. This includes Subchapter A, concerning General Provisions and Definitions, §§187.1 – 187.9; Subchapter B, concerning Informal Board Proceedings, §187.10, §187.11, §§187.13 – 187.16, §§187.18 – 21; Subchapter C, concerning Formal Board Proceedings at SOAH, §§187.22 – 187.31, 187.33; Subchapter D, concerning Formal Board Proceedings, §§187.35 – 187.37, 187.39, 187.42; Subchapter E, concerning Proceedings Relating to Probationers, §§187.43 – 187.45; Subchapter F, concerning Temporary Suspension and Restriction Proceedings, §§187.55 – 187.62; Subchapter G, concerning Suspension By Operation Of Law, §§187.70 – 187.72; Subchapter H, concerning Imposition of Administrative Penalty, §§187.75 – 187.82; Subchapter I, concerning Proceedings For Cease And Desist Orders, §187.83, §187.84; and Subchapter J, concerning Procedures Related To Out-Of-Network Health Benefit Claim Dispute Resolution, §§187.85 – 187.89.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 179 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §179.20, Notice of Oral Argument, explains the opportunity for a licensee to attend and provide oral argument to the board concerning a proposal for decision after a State Office of Administrative Hearings (SOAH) contested case hearing.
Amending 22 TAC §179.25, §179.26, to explain the process when the board has reason to believe a licensee is a “continuing threat.”
CHAPTER 179. PROCEDURAL RULES
SUBCHAPTER F. TEMPORARY SUSPENSION OR RESTRICTION PROCEEDINGS
22 TAC §179.25, §179.26
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 179, concerning Investigations, §§179.1 – 179.8.
The Board also proposes new Chapter 179, concerning Procedural Rules. This includes new Subchapter A, concerning Definitions, §179.1; Subchapter B, concerning Reporting Requirements, §179.5; Subchapter C, concerning Pre-Settlement Conference Resolution Process, §179.10; Subchapter D, concerning Informal Settlement Conference, §§179.15 and 179.16; Subchapter E, concerning Contested Case Procedure §179.20; Subchapter F, concerning Temporary Suspension or Restriction Proceedings, §179.25 and §179.26; Subchapter G, concerning Suspension by Operation of Law, §179.30; Subchapter H, concerning Cease and Desist Orders, §179.35; and Subchapter I, concerning Out-of-Network Billing, §179.40.
Also, the Board contemporaneously proposes the repeal of current Chapter 187, concerning Procedural Rules. This includes Subchapter A, concerning General Provisions and Definitions, §§187.1 – 187.9; Subchapter B, concerning Informal Board Proceedings, §187.10, §187.11, §§187.13 – 187.16, §§187.18 – 21; Subchapter C, concerning Formal Board Proceedings at SOAH, §§187.22 – 187.31, 187.33; Subchapter D, concerning Formal Board Proceedings, §§187.35 – 187.37, 187.39, 187.42; Subchapter E, concerning Proceedings Relating to Probationers, §§187.43 – 187.45; Subchapter F, concerning Temporary Suspension and Restriction Proceedings, §§187.55 – 187.62; Subchapter G, concerning Suspension By Operation Of Law, §§187.70 – 187.72; Subchapter H, concerning Imposition of Administrative Penalty, §§187.75 – 187.82; Subchapter I, concerning Proceedings For Cease And Desist Orders, §187.83, §187.84; and Subchapter J, concerning Procedures Related To Out-Of-Network Health Benefit Claim Dispute Resolution, §§187.85 – 187.89.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 179 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §179.25, Temporary Suspension or Restriction Hearing Without Notice, explains the process followed by the board if the board has reason to believe a licensee is a “continuing threat.” A disciplinary hearing will be held as soon as practicable in accordance with §164.059 of the Act or §164.0595 of the Act.
§179.26, Temporary Suspension or Restriction Hearing With Notice, explains the process followed by the board regarding examining witnesses, closing arguments, panel deliberation and announcement of the panel’s decision. Evidence is considered under a relaxed standard described in §2001.081 of the Texas Government Code.
Amending 22 TAC §179.30, to explains the difference between an initial and final criminal conviction.
CHAPTER 179. PROCEDURAL RULES
SUBCHAPTER G. SUSPENSION BY OPERATION OF LAW
22 TAC §179.30
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 179, concerning Investigations, §§179.1 – 179.8.
The Board also proposes new Chapter 179, concerning Procedural Rules. This includes new Subchapter A, concerning Definitions, §179.1; Subchapter B, concerning Reporting Requirements, §179.5; Subchapter C, concerning Pre-Settlement Conference Resolution Process, §179.10; Subchapter D, concerning Informal Settlement Conference, §§179.15 and 179.16; Subchapter E, concerning Contested Case Procedure §179.20; Subchapter F, concerning Temporary Suspension or Restriction Proceedings, §179.25 and §179.26; Subchapter G, concerning Suspension by Operation of Law, §179.30; Subchapter H, concerning Cease and Desist Orders, §179.35; and Subchapter I, concerning Out-of-Network Billing, §179.40.
Also, the Board contemporaneously proposes the repeal of current Chapter 187, concerning Procedural Rules. This includes Subchapter A, concerning General Provisions and Definitions, §§187.1 – 187.9; Subchapter B, concerning Informal Board Proceedings, §187.10, §187.11, §§187.13 – 187.16, §§187.18 – 21; Subchapter C, concerning Formal Board Proceedings at SOAH, §§187.22 – 187.31, 187.33; Subchapter D, concerning Formal Board Proceedings, §§187.35 – 187.37, 187.39, 187.42; Subchapter E, concerning Proceedings Relating to Probationers, §§187.43 – 187.45; Subchapter F, concerning Temporary Suspension and Restriction Proceedings, §§187.55 – 187.62; Subchapter G, concerning Suspension By Operation Of Law, §§187.70 – 187.72; Subchapter H, concerning Imposition of Administrative Penalty, §§187.75 – 187.82; Subchapter I, concerning Proceedings For Cease And Desist Orders, §187.83, §187.84; and Subchapter J, concerning Procedures Related To Out-Of-Network Health Benefit Claim Dispute Resolution, §§187.85 – 187.89.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 179 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §179.30, Automatic Suspensions Based upon Felony Conviction, explains what the board considers to be initial and final criminal convictions. It also details how initial and final convictions may be handled by the board.
Amending 22 TAC §179.35, to explain the board’s procedures when analyzing the unlicensed practice of a regulated profession.
CHAPTER 179. PROCEDURAL RULES
SUBCHAPTER H. CEASE AND DESIST ORDERS
22 TAC §179.35
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 179, concerning Investigations, §§179.1 – 179.8.
The Board also proposes new Chapter 179, concerning Procedural Rules. This includes new Subchapter A, concerning Definitions, §179.1; Subchapter B, concerning Reporting Requirements, §179.5; Subchapter C, concerning Pre-Settlement Conference Resolution Process, §179.10; Subchapter D, concerning Informal Settlement Conference, §§179.15 and 179.16; Subchapter E, concerning Contested Case Procedure §179.20; Subchapter F, concerning Temporary Suspension or Restriction Proceedings, §179.25 and §179.26; Subchapter G, concerning Suspension by Operation of Law, §179.30; Subchapter H, concerning Cease and Desist Orders, §179.35; and Subchapter I, concerning Out-of-Network Billing, §179.40.
Also, the Board contemporaneously proposes the repeal of current Chapter 187, concerning Procedural Rules. This includes Subchapter A, concerning General Provisions and Definitions, §§187.1 – 187.9; Subchapter B, concerning Informal Board Proceedings, §187.10, §187.11, §§187.13 – 187.16, §§187.18 – 21; Subchapter C, concerning Formal Board Proceedings at SOAH, §§187.22 – 187.31, 187.33; Subchapter D, concerning Formal Board Proceedings, §§187.35 – 187.37, 187.39, 187.42; Subchapter E, concerning Proceedings Relating to Probationers, §§187.43 – 187.45; Subchapter F, concerning Temporary Suspension and Restriction Proceedings, §§187.55 – 187.62; Subchapter G, concerning Suspension By Operation Of Law, §§187.70 – 187.72; Subchapter H, concerning Imposition of Administrative Penalty, §§187.75 – 187.82; Subchapter I, concerning Proceedings For Cease And Desist Orders, §187.83, §187.84; and Subchapter J, concerning Procedures Related To Out-Of-Network Health Benefit Claim Dispute Resolution, §§187.85 – 187.89.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 179 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §179.35, Cease and Desist Orders, explains the process utilized by the board to consider the unlicensed practice of a regulated profession.
Amending 22 TAC §179.40, to explain the process when the board investigates complaints of bad faith participation and other consumer complaints in out-of-network billing cases.
CHAPTER 179. PROCEDURAL RULES
SUBCHAPTER I. OUT-OF-NETWORK BILLING
22 TAC §179.40
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 179, concerning Investigations, §§179.1 – 179.8.
The Board also proposes new Chapter 179, concerning Procedural Rules. This includes new Subchapter A, concerning Definitions, §179.1; Subchapter B, concerning Reporting Requirements, §179.5; Subchapter C, concerning Pre-Settlement Conference Resolution Process, §179.10; Subchapter D, concerning Informal Settlement Conference, §§179.15 and 179.16; Subchapter E, concerning Contested Case Procedure §179.20; Subchapter F, concerning Temporary Suspension or Restriction Proceedings, §179.25 and §179.26; Subchapter G, concerning Suspension by Operation of Law, §179.30; Subchapter H, concerning Cease and Desist Orders, §179.35; and Subchapter I, concerning Out-of-Network Billing, §179.40.
Also, the Board contemporaneously proposes the repeal of current Chapter 187, concerning Procedural Rules. This includes Subchapter A, concerning General Provisions and Definitions, §§187.1 – 187.9; Subchapter B, concerning Informal Board Proceedings, §187.10, §187.11, §§187.13 – 187.16, §§187.18 – 21; Subchapter C, concerning Formal Board Proceedings at SOAH, §§187.22 – 187.31, 187.33; Subchapter D, concerning Formal Board Proceedings, §§187.35 – 187.37, 187.39, 187.42; Subchapter E, concerning Proceedings Relating to Probationers, §§187.43 – 187.45; Subchapter F, concerning Temporary Suspension and Restriction Proceedings, §§187.55 – 187.62; Subchapter G, concerning Suspension By Operation Of Law, §§187.70 – 187.72; Subchapter H, concerning Imposition of Administrative Penalty, §§187.75 – 187.82; Subchapter I, concerning Proceedings For Cease And Desist Orders, §187.83, §187.84; and Subchapter J, concerning Procedures Related To Out-Of-Network Health Benefit Claim Dispute Resolution, §§187.85 – 187.89.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 179 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §179.40, Out-of-Network Billing, explains how the board investigates complaints of bad faith participation and other consumer complaints in out-of-network billing cases.
Amending 22 TAC §§180.1 – 180.4, to repeal the current Chapter 180, concerning the Texas Physician Health Program.
CHAPTER 180. TEXAS PHYSICIAN HEALTH PROGRAM
22 TAC §§180.1 – 180.4
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 180, concerning Texas Physician Health Program, §§180.1 – 180.4.
Also, the Board contemporaneously proposes the repeal of current Chapter 190, concerning Disciplinary Guidelines. This includes Subchapter A, concerning General Provisions, §190.1 and §190.2; Subchapter B, concerning Violation Guidelines, §190.8; Subchapter C, concerning Sanction Guidelines, §190.14 and §190.15; and Subchapter D, concerning Administrative Penalties, §190.16.
The Board proposes new Chapter 180, concerning Disciplinary Guidelines. This includes new Subchapter A, concerning Violation Guidelines, §180.1; and Subchapter B, concerning Sanction Guidelines, §180.5.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapters 180 and 190 is more efficient than proposing multiple amendments to make the required changes.
Amending 22 TAC §180.1, to outline the acts, practices and conduct that are violations of the Medical Practice Act.
CHAPTER 180. DISCIPLINARY GUIDELINES
SUBCHAPTER A. VIOLATION GUIDELINES
22 TAC §180.1
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 180, concerning Texas Physician Health Program, §§180.1 – 180.4.
Also, the Board contemporaneously proposes the repeal of current Chapter 190, concerning Disciplinary Guidelines. This includes Subchapter A, concerning General Provisions, §190.1 and §190.2; Subchapter B, concerning Violation Guidelines, §190.8; Subchapter C, concerning Sanction Guidelines, §190.14 and §190.15; and Subchapter D, concerning Administrative Penalties, §190.16.
The Board proposes new Chapter 180, concerning Disciplinary Guidelines. This includes new Subchapter A, concerning Violation Guidelines, §180.1; and Subchapter B, concerning Sanction Guidelines, §180.5.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapters 180 and 190 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §180.1, Violation Guidelines, outlines the acts, practices and conduct that are violations of the Medical Practice Act.
Amending 22 TAC §180.5, to provide guidance on assessing remedial action or sanctions for violations of the Medical Practice Act.
CHAPTER 180. TEXAS PHYSICIAN HEALTH PROGRAM
SUBCHAPTER B. SANCTION GUIDELINES
22 TAC §180.5
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 180, concerning Texas Physician Health Program, §§180.1 – 180.4.
Also, the Board contemporaneously proposes the repeal of current Chapter 190, concerning Disciplinary Guidelines. This includes Subchapter A, concerning General Provisions, §190.1 and §190.2; Subchapter B, concerning Violation Guidelines, §190.8; Subchapter C, concerning Sanction Guidelines, §190.14 and §190.15; and Subchapter D, concerning Administrative Penalties, §190.16.
The Board proposes new Chapter 180, concerning Disciplinary Guidelines. This includes new Subchapter A, concerning Violation Guidelines, §180.1; and Subchapter B, concerning Sanction Guidelines, §180.5.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapters 180 and 190 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §180.5, Sanction Guidelines, provide guidance on assessing remedial action or sanctions for violations of the Medical Practice Act.
Amending 22 TAC §§181.1 – 181.7, to repeal the current Chapter 181, concerning contact lens prescriptions.
CHAPTER 181. CONTACT LENS PRESCRIPTIONS
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 181, concerning Contact Lens Prescriptions, §§181.1 – 181.7.
The Board also proposes new Chapter 181, concerning Compliance Program, §§181.1 – 181.8.
Also, the Board contemporaneously proposes the repeal of current Chapter 189, concerning Compliance Program, §§189.1 – 189.16.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160 – 200, repeal of Chapter 181 is more efficient than proposing multiple amendments to make the required changes.
Amending 22 TAC §§181.1 – 181.8, to outline the general compliance requirements for licensees subject to board action.
CHAPTER 181. COMPLIANCE PROGRAM
22 TAC §§181.1 – 181.8
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 181, concerning Contact Lens Prescriptions, §§181.1 – 181.7.
The Board also proposes new Chapter 181, concerning Compliance Program, §§181.1 – 181.8.
Also, the Board contemporaneously proposes the repeal of current Chapter 189, concerning Compliance Program, §§189.1 – 189.16.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160 – 200, repeal of Chapter 181 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §181.1, Definitions, defines terms used in new Chapter 181.
New §181.2, General Compliance Standards, explains the general compliance requirements for licensees subject to board action.
New §181.3, Compliance Process, describes the compliance process, including the initial meeting with the compliance officer and ongoing compliance reviews.
New §181.4, Determination of Non-Compliance, describes conduct considered by the board to be non-compliant with the terms or conditions of a non-disciplinary or disciplinary action.
New §181.5, Enforcement Process for Violations, identifies non-compliance by a compliance officer. It also describes the proper timeframe of ISC notification to the licensee, as well as information the board must receive from the licensee prior to the ISC.
New §181.6, Modification and Termination Process for Disciplinary Orders, explains the process to follow for licensees under disciplinary orders when seeking to modify or terminate the order.
New §181.7, Automatic Termination of a Disciplinary Order, explains the condition or terms that allow for an automatic termination of a licensee’s disciplinary order.
New §181.8, Recommendation for Competency Assessment, explains the process followed when a third-party monitor for the board believes a licensee poses a continuing threat.
Amending 22 TAC §§182.1, 182.3, 182.5, 182.8, to repeal the current Chapter 182, concerning the use of experts.
CHAPTER 182. USE OF EXPERTS
22 TAC §§182.1, 182.3, 182.5, 182.8
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 182, concerning Use of Experts, §182.1, §182.3, §182.5, and §182.8.
The Board also proposes new Chapter 182, concerning Texas Physician Health Program, §§182.1 – 182.4.
Also, the Board contemporaneously proposes the repeal of current Chapter 180, concerning Texas Physician Health Program, §§180.1 – 180.4.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 182 is more efficient than proposing multiple amendments to make the required changes.
Amending 22 TAC §§182.1 – 182.4, to explain the process of appointing and removing members of the Governing Board and Physician Health and Rehabilitation Advisory Committee, the Texas Physician Health Program’s (PHP) operation; and the process for accepting gifts, grants, and donations to the Governing Board.
CHAPTER 182. TEXAS PHYSICIAN HEALTH PROGRAM
22 TAC §§182.1 – 182.4
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 182, concerning Use of Experts, §182.1, §182.3, §182.5, and §182.8.
The Board also proposes new Chapter 182, concerning Texas Physician Health Program, §§182.1 – 182.4.
Also, the Board contemporaneously proposes the repeal of current Chapter 180, concerning Texas Physician Health Program, §§180.1 – 180.4.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 182 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §182.1, Definitions, defines terms used in new Chapter 182.
New §182.2, Governing Board and Physician Health and Rehabilitation Advisory Committee Standards, explains the process of appointment of the Governing Board and Physician Health and Rehabilitation Advisory Committee. It also details the grounds for removal of members and conflicts of interest for members.
New §182.3, Operation of the Program, details how the Texas Physician Health Program (PHP) operates, including referrals to the program, agreements with participants, and drug and alcohol testing of participants. It also explains the Case Advisory Panel of the PHP.
New §182.4, Authority for the Program to Accept Gifts, Grants, and Donations, describes the process for acceptance of gifts, grants, and donations to the Governing Board.
Amending 22 TAC §§183.1 – 183.27, to repeal of current Chapter 183, concerning acupuncture.
CHAPTER 183. ACUPUNCTURE
22 TAC §§183.1 – 183.27
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 183, concerning Acupuncture, §§183.1 – 183.27.
The Board also proposes new Chapter 183, concerning Physician Assistants. This includes new Subchapter A, concerning Physician Assistant Board, §§183.1 – 5; Subchapter B, concerning Licensing and Registration, §§183.10 – 183.17; Subchapter C, concerning Practice Requirements, §183.20, and §183.21; and Subchapter D, concerning Board Processes and Procedures, §183.25.
Also, the Board contemporaneously proposes the repeal of current Chapter 185, concerning Physician Assistants, §§185.1 – 185.33.
Amending 22 TAC §§183.1 – 183.5, to explain the functions and duties of the Physician Assistant Board and its members.
CHAPTER 183. PHYSICIAN ASSISTANTS
SUBCHAPTER A. PHYSICIAN ASSISTANT BOARD
22 TAC §§183.1 – 183.5
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 183, concerning Acupuncture, §§183.1 – 183.27.
The Board also proposes new Chapter 183, concerning Physician Assistants. This includes new Subchapter A, concerning Physician Assistant Board, §§183.1 – 5; Subchapter B, concerning Licensing and Registration, §§183.10 – 183.17; Subchapter C, concerning Practice Requirements, §183.20, and §183.21; and Subchapter D, concerning Board Processes and Procedures, §183.25.
Also, the Board contemporaneously proposes the repeal of current Chapter 185, concerning Physician Assistants, §§185.1 – 185.33.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 183 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §183.1, Definitions, defines terms used in new Chapter 183.
New §183.2, Functions and Duties, explains the functions and duties of the Physician Assistant Board and its members.
New §183.3, Meetings, explains how often the board meets, how board and committee meetings are conducted, and the voting process at meetings.
New §183.4, Standing Committees, explains the function of the two Standing Committees, Disciplinary Committee and Licensure Committee of the board.
New §183.5, Officers of the Board, explains the duties of the presiding officer and secretary of the board, as well as appointment and succession of officers.
Amending 22 TAC §§183.10 – 183.17, to outline the general standards for licensure for a Physicians Assistants license
CHAPTER 183. PHYSICIAN ASSISTANTS
SUBCHAPTER B. LICENSING AND REGISTRATION
22 TAC §§183.10 – 183.17
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 183, concerning Acupuncture, §§183.1 – 183.27.
The Board also proposes new Chapter 183, concerning Physician Assistants. This includes new Subchapter A, concerning Physician Assistant Board, §§183.1 – 5; Subchapter B, concerning Licensing and Registration, §§183.10 – 183.17; Subchapter C, concerning Practice Requirements, §183.20, and §183.21; and Subchapter D, concerning Board Processes and Procedures, §183.25.
Also, the Board contemporaneously proposes the repeal of current Chapter 185, concerning Physician Assistants, §§185.1 – 185.33.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 183 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §183.10, General Requirements for Licensure, outlines the general standards for licensure for a Physicians Assistants license cited in §§204.152 and 204.153 of the Act and submission of relevant documentation.
New §183.11, Current Clinical Practice, outlines the requirements of a physician assistant relating to professional or work history evaluations and demonstration that the physician assistant has worked as a physician assistant in the preceding five years from the date of application. Alternatively, the section describes several options if an applicant cannot demonstrate current clinical practice as a physician assistant within the last three years from the date of application.
New §183.12, Temporary Licenses, explains the requirements and process for an applicant to obtain a temporary physician assistants license as cited in §205.155 of the Act.
New §183.13, Procedural Rules for Licensure Applicants, outlines the general requirements and processing of the application to obtain a physician assistants license. This section also describes the options offered by the Executive Director to the applicant if there is an issue with the application.
New §183.14, Relicensure, explains the requirements for a license holder who retired or surrendered their license and seek to be re-licensed.
New §183.15, License Registration and Renewal, outlines the general requirements for license registration and renewal for a Texas physician assistants license.
New §183.16, Biennial Continuing Medical Education (CME) Requirements, explains the registration renewal requirements regarding the Physicians Assistants biennial continuing medical education.
New §183.17, Inactive License, explains the number of years that the license is automatically canceled after being placed on inactive status for 3 years. This section also describes the process for relicensure, which is required for activation of a canceled license.
Amending 22 TAC §183.20, §183.21, to state the reporting requirements of a license holder and specific requirements for physicians assistants responsible for performing radiologic procedures.
CHAPTER 183. PHYSICIAN ASSISTANTS
SUBCHAPTER C. PRACTICE REQUIREMENTS
22 TAC §183.20, §183.21
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 183, concerning Acupuncture, §§183.1 – 183.27.
The Board also proposes new Chapter 183, concerning Physician Assistants. This includes new Subchapter A, concerning Physician Assistant Board, §§183.1 – 5; Subchapter B, concerning Licensing and Registration, §§183.10 – 183.17; Subchapter C, concerning Practice Requirements, §183.20, and §183.21; and Subchapter D, concerning Board Processes and Procedures, §183.25.
Also, the Board contemporaneously proposes the repeal of current Chapter 185, concerning Physician Assistants, §§185.1 – 185.33.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 183 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §183.20, On-Going Reporting Requirements, states that a license holder must report any event listed in §162.2(b)(1) through (7) of this title to the board within 10 days after the event.
New §183.21, Training and Registration Requirements for Physician Assistants Performing Radiologic Procedures, outlines specific requirements for physician assistants in performing radiologic procedures when delegated in compliance with requirements of §157.001 of the Medical Practice Act.
Amending 22 TAC §183.25, to explains the applicable rules applied to complaints and investigations, disciplinary guidelines and sanctions, and compliance.
CHAPTER 183. PHYSICIAN ASSISTANTS
SUBCHAPTER D. BOARD PROCESSES AND PROCEDURES
22 TAC §183.25
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 183, concerning Acupuncture, §§183.1 – 183.27.
The Board also proposes new Chapter 183, concerning Physician Assistants. This includes new Subchapter A, concerning Physician Assistant Board, §§183.1 – 5; Subchapter B, concerning Licensing and Registration, §§183.10 – 183.17; Subchapter C, concerning Practice Requirements, §183.20, and §183.21; and Subchapter D, concerning Board Processes and Procedures, §183.25.
Also, the Board contemporaneously proposes the repeal of current Chapter 185, concerning Physician Assistants, §§185.1 – 185.33.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 183 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §183.25, Procedural Rules, explains the applicable rules applied to complaints and investigations, disciplinary guidelines and sanctions, and compliance in accordance with §204.312 of the Act for physician assistants.
Amending 22 TAC §§184.1 – 184.9, 184.12 – 184.26, to repeal the current Chapter 184, concerning surgical assistants.
CHAPTER 184. SURGICAL ASSISTANTS
22 TAC §§184.1 – 184.9, 184.12 – 184.26
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 184, concerning Surgical Assistants §§184.1 – 184.9 and §§184.12 – 184.26.
The Board also proposes new Chapter 184, concerning Acupuncture. This includes new Subchapter A, concerning Acupuncture Board, §§184.1 – 184.4, Subchapter B, concerning Licensing and Registration, §§184.10 – 184.19, Subchapter C, concerning Practice Requirements, §§184.25 – 184.27, Subchapter D, concerning Board Processes and Procedures, §184.30; and Subchapter E, concerning Acudetox Specialists, §§184.35 – 184.37.
Also, the Board contemporaneously proposes the repeal of current Chapter 183, concerning Acupuncture, §§183.1 – 183.27.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 184 is more efficient than proposing multiple amendments to make the required changes.
Amending 22 TAC §§184.1 – 184.4, to explain the function and duties of the Board and its members.
CHAPTER 184. ACUPUNCTURE
SUBCHAPTER A. ACUPUNCTURE BOARD
22 TAC §§184.1 – 184.4
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 184, concerning Surgical Assistants §§184.1 – 184.9 and §§184.12 – 184.26.
The Board also proposes new Chapter 184, concerning Acupuncture. This includes new Subchapter A, concerning Acupuncture Board, §§184.1 – 184.4, Subchapter B, concerning Licensing and Registration, §§184.10 – 184.19, Subchapter C, concerning Practice Requirements, §§184.25 – 184.27, Subchapter D, concerning Board Processes and Procedures, §184.30; and Subchapter E, concerning Acudetox Specialists, §§184.35 – 184.37.
Also, the Board contemporaneously proposes the repeal of current Chapter 183, concerning Acupuncture, §§183.1 – 183.27.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 184 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §184.1, Definitions, defines terms used in new Chapter 184.
New §184.2, Functions and Duties, explains the functions and duties of the Board and its members.
New §184.3, Meetings, explains how Board and Committee meetings are conducted.
New §184.4, Standing Committees, explains the function of the three Standing Committees of the Board.
Amending 22 TAC §§184.10 – 184.19, to outline the general standards for licensure for a Texas acupuncture license.
CHAPTER 184. ACUPUNCTURE
SUBCHAPTER B. LICENSING AND REGISTRATION
22 TAC §§184.10 – 184.19
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 184, concerning Surgical Assistants §§184.1 – 184.9 and §§184.12 – 184.26.
The Board also proposes new Chapter 184, concerning Acupuncture. This includes new Subchapter A, concerning Acupuncture Board, §§184.1 – 184.4, Subchapter B, concerning Licensing and Registration, §§184.10 – 184.19, Subchapter C, concerning Practice Requirements, §§184.25 – 184.27, Subchapter D, concerning Board Processes and Procedures, §184.30; and Subchapter E, concerning Acudetox Specialists, §§184.35 – 184.37.
Also, the Board contemporaneously proposes the repeal of current Chapter 183, concerning Acupuncture, §§183.1 – 183.27.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 184 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §184.10, General Requirements for Licensure, outlines the general standards for licensure for a Texas acupuncture license.
New §184.11, Current Clinical Practice, outlines the professional or work history information applicants must provide for review when seeking a license.
New §184.12, Temporary Licenses, explains the standards required when a temporary license may be issued and the purpose of the license.
New §184.13, Examinations and Attempt Limits, outlines the applicants’ requirements to take and pass the examination for licensure eligibility.
New §18414, Procedural Rules for Licensure Applicants, explains the procedural rules for Applicants in accordance with §205.202 of the Act.
New §184.15, Relicensure, explains the requirements for a license holder who retired or surrendered their license and is seeking to be re-licensed.
New §184.16, License Registration and Renewal, explains the registration and renewal process of an acupuncture license.
New §184.17, Biennial Continuing Acupuncture Education (CAE) Requirements, explains the requirements of a license holder, as part of registration renewal with regard to biennial continuing Acupuncture education.
New §184.18, Approval of Continuing Education Courses and Providers, explains the purpose, requirements, and process for approval of continuing education courses and providers.
New §184.19, Inactive License, explains the number of years that the license is automatically canceled after being placed on inactive status for 3 years. The process for relicensure is required for activation of a canceled license.
Amending 22 TAC §§184.25 – 184.27, to outline the general requirements for keeping and maintaining adequate patient records, including retention periods.
CHAPTER 184. ACUPUNCTURE
SUBCHAPTER C. PRACTICE REQUIREMENTS
22 TAC §§184.25 – 184.27
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 184, concerning Surgical Assistants §§184.1 – 184.9 and §§184.12 – 184.26.
The Board also proposes new Chapter 184, concerning Acupuncture. This includes new Subchapter A, concerning Acupuncture Board, §§184.1 – 184.4, Subchapter B, concerning Licensing and Registration, §§184.10 – 184.19, Subchapter C, concerning Practice Requirements, §§184.25 – 184.27, Subchapter D, concerning Board Processes and Procedures, §184.30; and Subchapter E, concerning Acudetox Specialists, §§184.35 – 184.37.
Also, the Board contemporaneously proposes the repeal of current Chapter 183, concerning Acupuncture, §§183.1 – 183.27.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 184 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §184.25, Patient Records, outlines the general requirements for keeping and maintaining adequate patient records, including retention periods.
New §184.26, On-Going Reporting Requirements, states that a license holder must report any event listed in §162.2(b)(1) through (7) of this title to the board within 10 days after the event.
New §184.27, Acupuncture Advertising, describes what type of acupuncture advertising is or is not considered to be permissible or prohibited.
Amending 22 TAC §184.30, to explain the applicable rules applied to complaints and investigations, disciplinary guidelines and sanctions, and compliance.
CHAPTER 184. ACUPUNCTURE
SUBCHAPTER D. BOARD PROCESSES AND PROCEDURES
22 TAC §184.30
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 184, concerning Surgical Assistants §§184.1 – 184.9 and §§184.12 – 184.26.
The Board also proposes new Chapter 184, concerning Acupuncture. This includes new Subchapter A, concerning Acupuncture Board, §§184.1 – 184.4, Subchapter B, concerning Licensing and Registration, §§184.10 – 184.19, Subchapter C, concerning Practice Requirements, §§184.25 – 184.27, Subchapter D, concerning Board Processes and Procedures, §184.30; and Subchapter E, concerning Acudetox Specialists, §§184.35 – 184.37.
Also, the Board contemporaneously proposes the repeal of current Chapter 183, concerning Acupuncture, §§183.1 – 183.27.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 184 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §184.30, Procedural Rules, explains the applicable rules applied to complaints and investigations, disciplinary guidelines and sanctions, and compliance in accordance with §205.351 of the Act.
Amending 22 TAC §§184.35 – 184.37, to outline the general requirements and process for certification to perform acudetox, including acupuncture certificate renewal.
CHAPTER 184. ACUPUNCTURE
SUBCHAPTER E. ACUDETOX SPECIALIST
22 TAC §§184.35 – 184.37
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 184, concerning Surgical Assistants §§184.1 – 184.9 and §§184.12 – 184.26.
The Board also proposes new Chapter 184, concerning Acupuncture. This includes new Subchapter A, concerning Acupuncture Board, §§184.1 – 184.4, Subchapter B, concerning Licensing and Registration, §§184.10 – 184.19, Subchapter C, concerning Practice Requirements, §§184.25 – 184.27, Subchapter D, concerning Board Processes and Procedures, §184.30; and Subchapter E, concerning Acudetox Specialists, §§184.35 – 184.37.
Also, the Board contemporaneously proposes the repeal of current Chapter 183, concerning Acupuncture, §§183.1 – 183.27.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 184 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §184.35, Definitions, defines the term, Auricular Acudetox.
New §184.36, Acudetox Certification, outlines the general requirements and process for certification to perform acudetox, including acupuncture certificate renewal.
New §184.37, Other Requirements Related to Acudetox Practice, states that Certificate-holders must keep a current mailing and practice address on file with the board and that a change of address must be reported to the board within 10 days. Also, this section states that Certificate-holders use of titles is restricted to Certified Acudetox Specialist” or “C.A.S.” and that failure to comply with Acudetox rules may result in loss of certification.
Amending 22 TAC §§185.1 – 185.33, to repeal the current Chapter 185, concerning physician assistants.
CHAPTER 185. PHYSICIAN ASSISTANTS
22 TAC §§185.1 – 185.33
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 185, concerning Physician Assistants, §§185.1 – 185.33.
The Board also proposes new Chapter 185, concerning Surgical Assistants, §§185.1 – 185.11.
Also, the Board contemporaneously proposes the repeal of current Chapter 184, concerning Surgical Assistants, §§184.1 – 184.9, and §§184.12 – 184.26.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 185 is more efficient than proposing multiple amendments to make the required changes.
Amending 22 TAC §§185.1 – 185.11, to outline the general requirements for licensure for a Surgical Assistants license.
CHAPTER 185. SURGICAL ASSISTANTS
22 TAC §§185.1 – 185.11
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 185, concerning Physician Assistants, §§185.1 – 185.33.
The Board also proposes new Chapter 185, concerning Surgical Assistants, §§185.1 – 185.11.
Also, the Board contemporaneously proposes the repeal of current Chapter 184, concerning Surgical Assistants, §§184.1 – 184.9, and §§184.12 – 184.26.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 185 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §185.1, Definitions, defines terms used in new Chapter 185.
New §185.2, Meetings, explains how Advisory Committee meetings are conducted in compliance with §206.058 of the Act.
New §185.3, General Requirements for Licensure, outlines the general requirements for licensure for a Surgical Assistants license in accordance with §§206.202 and 206.203 of the Act including but not limited to, application form, and specific documentation.
New §185.4, Education Requirements, outlines the applicant’s completion of specific education requirements for Surgical Assistants for licensure.
New §185.5, Examinations, describe the organizations that will accept a passing score for the purpose of obtaining a Surgical Assistants license.
New §185.6, Procedural Rules for Licensure Applicants, outlines the process of review of the licensee’s application by the Executive Director and the options that may be offered in accordance with §206.209 of the Act.
New §185.7, Temporary Licenses, explains the requirements and process to obtain a temporary Surgical Assistants license in accordance with §206.206 of the Act.
New §185.8, License Registration and Renewal, outlines the general requirements for license registration and renewal of a Texas Surgical Assistants license.
New §185.9, Biennial Continuing Education (CE) Requirements, explains the requirements of a license holder, including their completion of formal course hours by an accredited organization or school and exemptions for CE requirements regarding the Surgical Assistants biennial continuing medical education.
New §185.10, Relicensure, describes the requirements by which a licensee who has retired or surrendered their license and seeks to be re-licensed.
New §185.11, Procedural Rules, explains the applicable rules applied to complaints and investigations, disciplinary guidelines and sanctions, and compliance in accordance with §206.313 of the Act.
Amending 22 TAC §§186.1 – 186.14, 186.16 – 186.30, to repeal the current Chapter 186, concerning respiratory care practitioners.
CHAPTER 186. RESPIRATORY CARE PRACTITIONERS
22 TAC §§186.1 – 186.14, 186.16 – 186.30
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 186, concerning Respiratory Care Practitioners §§186.1 – 186.14, §§186.16 – 186.30.
The Board also proposes new Chapter 186, concerning Medical Radiologic Technology. This includes new Subchapter A, concerning Texas Board of Medical Radiologic Technology, §§186.1 – 186.4; Subchapter B, concerning Medical Radiologic Technologist Certification, Registration, and Practice Requirements, §§186.10 – 186.21; Subchapter C, concerning Non-Certified Technician Registration and Practice Requirements, §§186.25 – 186.32; Subchapter D, concerning Hardship Exemptions §186.40 and §186.41; Subchapter E, concerning Education Programs and Instructor Requirements, §186.45; and Subchapter F, concerning Procedural Rules, §186.50 and §186.51.
Also, the Board contemporaneously proposes the repeal of current Chapter 194, concerning Medical Radiologic Technology. This includes Subchapter A, concerning Certificate Holders, Non-Certified Technicians, and Other Authorized Individuals Or Entities, §§194.1 – 194.13, §§194.15 – 194.34.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 186 is more efficient than proposing multiple amendments to make the required changes.
Amending 22 TAC §§186.1 – 186.4, to explain the functions and duties of the Board and its members.
CHAPTER 186. MEDICAL RADIOLOGIC TECHNOLOGY
SUBCHAPTER A. TEXAS BOARD OF MEDICAL RADIOLOGIC TECHNOLOGY
22 TAC §§186.1 – 186.4
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 186, concerning Respiratory Care Practitioners §§186.1 – 186.14, §§186.16 – 186.30.
The Board also proposes new Chapter 186, concerning Medical Radiologic Technology. This includes new Subchapter A, concerning Texas Board of Medical Radiologic Technology, §§186.1 – 186.4; Subchapter B, concerning Medical Radiologic Technologist Certification, Registration, and Practice Requirements, §§186.10 – 186.21; Subchapter C, concerning Non-Certified Technician Registration and Practice Requirements, §§186.25 – 186.32; Subchapter D, concerning Hardship Exemptions §186.40 and §186.41; Subchapter E, concerning Education Programs and Instructor Requirements, §186.45; and Subchapter F, concerning Procedural Rules, §186.50 and §186.51.
Also, the Board contemporaneously proposes the repeal of current Chapter 194, concerning Medical Radiologic Technology. This includes Subchapter A, concerning Certificate Holders, Non-Certified Technicians, and Other Authorized Individuals Or Entities, §§194.1 – 194.13, §§194.15 – 194.34.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 186 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §186.1, Definitions, defines words and terms used in new Chapter 186.
New §186.2, Functions and Duties, explains the functions and duties of the Board and its members.
New §186.3, Meetings, explains how Board meetings are conducted.
New §186.4, Standing Committees, identifies and describes the function of the 3 Standing Committees of the board, the Disciplinary Committee, Licensure Committee, and Education Committee.
Amending 22 TAC §§186.10 – 186.21, to outline the Radiologist Assistant requirements for certification.
CHAPTER 186. MEDICAL RADIOLOGIC TECHNOLOGY
SUBCHAPTER B. MEDICAL RADIOLOGIC TECHNOLOGIST CERTIFICATION, REGISTRATION, AND PRACTICE REQUIREMENTS
22 TAC §§186.10 – 186.21
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 186, concerning Respiratory Care Practitioners §§186.1 – 186.14, §§186.16 – 186.30.
The Board also proposes new Chapter 186, concerning Medical Radiologic Technology. This includes new Subchapter A, concerning Texas Board of Medical Radiologic Technology, §§186.1 – 186.4; Subchapter B, concerning Medical Radiologic Technologist Certification, Registration, and Practice Requirements, §§186.10 – 186.21; Subchapter C, concerning Non-Certified Technician Registration and Practice Requirements, §§186.25 – 186.32; Subchapter D, concerning Hardship Exemptions §186.40 and §186.41; Subchapter E, concerning Education Programs and Instructor Requirements, §186.45; and Subchapter F, concerning Procedural Rules, §186.50 and §186.51.
Also, the Board contemporaneously proposes the repeal of current Chapter 194, concerning Medical Radiologic Technology. This includes Subchapter A, concerning Certificate Holders, Non-Certified Technicians, and Other Authorized Individuals Or Entities, §§194.1 – 194.13, §§194.15 – 194.34.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 186 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §186.10. General Requirements for Certification, outlines the general requirements for an MRT certification.
New §186.11, Requirements for a Radiologist Assistant Certificate, outlines the requirements for certification as a Radiologist Assistant.
New §186.12, Requirements for a General Medical Radiologic Technologist Certificate, outlines the general requirements for certification as a Medical Radiologic Technologist.
New §186.13, Requirements for a Limited Medical Radiologic Technologist Certificate, outlines the limited requirements for certification as a Medical Radiologic Technologist.
New §186.14, Current Clinical Practice, outlines the submission of an applicant’s professional or work history information for board review when seeking certification.
New §186.15, Temporary Certificates, explains the requirements and process to obtain a temporary Medical Radiologic Technology Certificate.
New §186.16, Procedural Rules for Certificate Applicants, outlines the general requirements for Applicants to obtain a Medical Radiologic Technology certification.
New §186.17, Recertification, outlines the requirements for a certificate holder who has retired or who has surrendered their certificate and is seeking reissuance of a certificate.
New §186.18, Certificate Registration and Renewal, outlines the general requirements of certificate registration and renewal.
New §186.19, Biennial Continuing Education (CE) Requirements, explains the requirements regarding the Medical Radiologic Technology biennial continuing medical education.
New §186.20, Scope of Practice, describes the dangerous and hazardous procedures that may be performed as are specified in §601.056 of the Act.
New §186.21, Professional Identification, explains the type of certification which must be displayed at all times when performing procedures.
Amending 22 TAC §§186.25 – 186.32, to outlines specific documentation and payment of fee requirements that an NCT must provide in order to qualify for an NCT certification.
CHAPTER 186. MEDICAL RADIOLOGIC TECHNOLOGY
SUBCHAPTER C. NON-CERTIFIED TECHNICIAN REGISTRATION AND PRACTICE REQUIREMENTS
22 TAC §§186.25 – 186.32
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 186, concerning Respiratory Care Practitioners §§186.1 – 186.14, §§186.16 – 186.30.
The Board also proposes new Chapter 186, concerning Medical Radiologic Technology. This includes new Subchapter A, concerning Texas Board of Medical Radiologic Technology, §§186.1 – 186.4; Subchapter B, concerning Medical Radiologic Technologist Certification, Registration, and Practice Requirements, §§186.10 – 186.21; Subchapter C, concerning Non-Certified Technician Registration and Practice Requirements, §§186.25 – 186.32; Subchapter D, concerning Hardship Exemptions §186.40 and §186.41; Subchapter E, concerning Education Programs and Instructor Requirements, §186.45; and Subchapter F, concerning Procedural Rules, §186.50 and §186.51.
Also, the Board contemporaneously proposes the repeal of current Chapter 194, concerning Medical Radiologic Technology. This includes Subchapter A, concerning Certificate Holders, Non-Certified Technicians, and Other Authorized Individuals Or Entities, §§194.1 – 194.13, §§194.15 – 194.34.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 186 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §186.25, Non-Certified Technicians (NCTs), outlines specific documentation and payment of fee requirements that an NCT must provide in order to qualify for a NCT certification.
New §186.26, Education Standards for Non-Certified Technician (NCT), outlines specific educational standards as an applicant for NCT licensure.
New §186.27, Procedural Rules for Non-Certified Technician (NCT) Applicants, outlines the general requirements for an applicant to obtain an NCT certification.
New §186.28, Renewal of Non-Certified Technician (NCT) Registration, outlines the general requirements for NCT registration renewal.
New §186.29, Biennial Non-Certified Technician (NCT) Continuing Education (CE) Requirements, explains the requirements regarding the NCT’s biennial continuing education.
New §186.30, Reissuance of Registration for Non-Certified Technicians (NCTs), outlines the requirements for an NCT who has retired or who has surrendered their registration and is seeking to be reissued registration.
New §186.31, Limited Practice of Non-Certified Technicians (NCTs), explains the parameters an NCT may not perform regarding a dangerous or hazardous procedure as defined by §186.12 of this subtitle.
New §186.32, Professional Identification, states the requirement that an NCT must display identification certification at all times when performing procedures.
Amending 22 TAC §186.40, §186.41, to explain the hardship exemption qualifications that a practitioner or hospital may qualify for if it meets specific outlined criteria.
CHAPTER 186. MEDICAL RADIOLOGIC TECHNOLOGY
SUBCHAPTER D. HARDSHIP EXEMPTIONS
22 TAC §186.40, §186.41
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 186, concerning Respiratory Care Practitioners §§186.1 – 186.14, §§186.16 – 186.30.
The Board also proposes new Chapter 186, concerning Medical Radiologic Technology. This includes new Subchapter A, concerning Texas Board of Medical Radiologic Technology, §§186.1 – 186.4; Subchapter B, concerning Medical Radiologic Technologist Certification, Registration, and Practice Requirements, §§186.10 – 186.21; Subchapter C, concerning Non-Certified Technician Registration and Practice Requirements, §§186.25 – 186.32; Subchapter D, concerning Hardship Exemptions §186.40 and §186.41; Subchapter E, concerning Education Programs and Instructor Requirements, §186.45; and Subchapter F, concerning Procedural Rules, §186.50 and §186.51.
Also, the Board contemporaneously proposes the repeal of current Chapter 194, concerning Medical Radiologic Technology. This includes Subchapter A, concerning Certificate Holders, Non-Certified Technicians, and Other Authorized Individuals Or Entities, §§194.1 – 194.13, §§194.15 – 194.34.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 186 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §186.40, Hardship Exemptions, explains the hardship exemption qualifications that a practitioner or hospital may qualify for if it meets specific outlined criteria.
New §186.41, Bone Densitometry Exemption, describes the specific performance criteria for the practitioner, registered nurse, physician assistant, certificate holder, or a certified densitometry technologist regarding bone density using x-radiation.
Amending 22 TAC §186.45, to outline the LMRT and NCT accreditation of education programs and instructors.
CHAPTER 186. MEDICAL RADIOLOGIC TECHNOLOGY
SUBCHAPTER E. EDUCATION PROGRAMS AND INSTRUCTOR REQUIREMENTS
22 TAC §186.45
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 186, concerning Respiratory Care Practitioners §§186.1 – 186.14, §§186.16 – 186.30.
The Board also proposes new Chapter 186, concerning Medical Radiologic Technology. This includes new Subchapter A, concerning Texas Board of Medical Radiologic Technology, §§186.1 – 186.4; Subchapter B, concerning Medical Radiologic Technologist Certification, Registration, and Practice Requirements, §§186.10 – 186.21; Subchapter C, concerning Non-Certified Technician Registration and Practice Requirements, §§186.25 – 186.32; Subchapter D, concerning Hardship Exemptions §186.40 and §186.41; Subchapter E, concerning Education Programs and Instructor Requirements, §186.45; and Subchapter F, concerning Procedural Rules, §186.50 and §186.51.
Also, the Board contemporaneously proposes the repeal of current Chapter 194, concerning Medical Radiologic Technology. This includes Subchapter A, concerning Certificate Holders, Non-Certified Technicians, and Other Authorized Individuals Or Entities, §§194.1 – 194.13, §§194.15 – 194.34.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 186 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §186.45, Education Programs and Instructor Requirements, outlines the requirements of education programs and instructors to be accredited for LMRT and NCT certification.
Amending 22 TAC §186.50, §186.51, to explain the applicable rules applied to complaints and investigations, disciplinary guidelines and sanctions, and compliance.
CHAPTER 186. MEDICAL RADIOLOGIC TECHNOLOGY
SUBCHAPTER F. PROCEDURAL RULES
22 TAC §186.50, §186.51
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 186, concerning Respiratory Care Practitioners §§186.1 – 186.14, §§186.16 – 186.30.
The Board also proposes new Chapter 186, concerning Medical Radiologic Technology. This includes new Subchapter A, concerning Texas Board of Medical Radiologic Technology, §§186.1 – 186.4; Subchapter B, concerning Medical Radiologic Technologist Certification, Registration, and Practice Requirements, §§186.10 – 186.21; Subchapter C, concerning Non-Certified Technician Registration and Practice Requirements, §§186.25 – 186.32; Subchapter D, concerning Hardship Exemptions §186.40 and §186.41; Subchapter E, concerning Education Programs and Instructor Requirements, §186.45; and Subchapter F, concerning Procedural Rules, §186.50 and §186.51.
Also, the Board contemporaneously proposes the repeal of current Chapter 194, concerning Medical Radiologic Technology. This includes Subchapter A, concerning Certificate Holders, Non-Certified Technicians, and Other Authorized Individuals Or Entities, §§194.1 – 194.13, §§194.15 – 194.34.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 186 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §186.50, Procedural Rules, Procedural Rules, explains the applicable rules applied to complaints and investigations, disciplinary guidelines and sanctions, and compliance in accordance with §601.311 of the Act.
New §186.51, On-Going Reporting Requirements, explains that a certificate holder or NCT must report any event listed in §162.2(b)(1) through (7) of this title within 10 days after the event.
Amending 22 TAC §§187.1 – 187.9, to repeal the current subchapter A, concerning general provisions and definitions.
CHAPTER 187. PROCEDURAL RULES
SUBCHAPTER A. GENERAL PROVISIONS AND DEFINITIONS
22 TAC §§187.1 – 187.9
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 187, concerning Procedural Rules. This includes Subchapter A, concerning General Provisions and Definitions, §§187.1 – 187.9; Subchapter B, concerning Informal Board Proceedings, §§187.10, 187.11, 187.13 – 187.16, 187.18 – 187.21; Subchapter C, concerning Formal Board Proceedings at SOAH, §§187.22 – 187.31, and §187.33; Subchapter D, concerning Formal Board Proceedings, §§187.35 – 187.37, 187.39 and §187.42; Subchapter E, concerning Proceedings Relating to Probationers, §§187.43 – 187.45; Subchapter F, concerning Temporary Suspension and Restriction Proceedings, §§187.55 – 187.62; Subchapter G, concerning Suspension by Operation Of Law, §§187.70 – 187.72; Subchapter H, concerning Imposition of Administrative Penalty, §§187.75 – 187.82; Subchapter I, concerning Proceedings for Cease and Desist Orders, §187.83 and §187.84; and Subchapter J, concerning Procedures Related to Out-Of-Network Health Benefit Claim Dispute Resolution, §§187.85 – 187.89.
The Board also proposes new Chapter 187, concerning Respiratory Care Practitioners. This includes Subchapter A, concerning Texas Board of Respiratory Care, §§187.1 – 187.4; Subchapter B, concerning Certification and Registration, §§187.10 – 187.17; Subchapter C, concerning Practice Requirements, §187.20; Subchapter D, concerning Board Processes and Procedures, §187.25 and §187.26.
Also, the Board contemporaneously proposes the repeal of current Chapter 186, concerning Respiratory Care Practitioners, §§186.1 – 186.14 and §§186.16 – 186.30.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, the repeal of Chapter 187 is more efficient than proposing multiple amendments to make the required changes.
Amending 22 TAC §§187.10, 187.11, 187.13 – 187.16, 187.18 – 187.21, to repeal the current subchapter B, concerning informal board proceedings.
CHAPTER 187. PROCEDURAL RULES
SUBCHAPTER B. INFORMAL BOARD PROCEEDINGS
22 TAC §§187.10, 187.11, 187.13 – 187.16, 187.18 – 187.21
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 187, concerning Procedural Rules. This includes Subchapter A, concerning General Provisions and Definitions, §§187.1 – 187.9; Subchapter B, concerning Informal Board Proceedings, §§187.10, 187.11, 187.13 – 187.16, 187.18 – 187.21; Subchapter C, concerning Formal Board Proceedings at SOAH, §§187.22 – 187.31, and §187.33; Subchapter D, concerning Formal Board Proceedings, §§187.35 – 187.37, 187.39 and §187.42; Subchapter E, concerning Proceedings Relating to Probationers, §§187.43 – 187.45; Subchapter F, concerning Temporary Suspension and Restriction Proceedings, §§187.55 – 187.62; Subchapter G, concerning Suspension by Operation Of Law, §§187.70 – 187.72; Subchapter H, concerning Imposition of Administrative Penalty, §§187.75 – 187.82; Subchapter I, concerning Proceedings for Cease and Desist Orders, §187.83 and §187.84; and Subchapter J, concerning Procedures Related to Out-Of-Network Health Benefit Claim Dispute Resolution, §§187.85 – 187.89.
The Board also proposes new Chapter 187, concerning Respiratory Care Practitioners. This includes Subchapter A, concerning Texas Board of Respiratory Care, §§187.1 – 187.4; Subchapter B, concerning Certification and Registration, §§187.10 – 187.17; Subchapter C, concerning Practice Requirements, §187.20; Subchapter D, concerning Board Processes and Procedures, §187.25 and §187.26.
Also, the Board contemporaneously proposes the repeal of current Chapter 186, concerning Respiratory Care Practitioners, §§186.1 – 186.14 and §§186.16 – 186.30.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, the repeal of Chapter 187 is more efficient than proposing multiple amendments to make the required changes.
Amending 22 TAC §§187.22 – 187.31, 187.33, to repeal the current subchapter C, concerning formal board proceedings at SOAH.
CHAPTER 187. PROCEDURAL RULES
SUBCHAPTER C. FORMAL BOARD PROCEEDINGS AT SOAH
22 TAC §§187.22 – 187.31, 187.33
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 187, concerning Procedural Rules. This includes Subchapter A, concerning General Provisions and Definitions, §§187.1 – 187.9; Subchapter B, concerning Informal Board Proceedings, §§187.10, 187.11, 187.13 – 187.16, 187.18 – 187.21; Subchapter C, concerning Formal Board Proceedings at SOAH, §§187.22 – 187.31, and §187.33; Subchapter D, concerning Formal Board Proceedings, §§187.35 – 187.37, 187.39 and §187.42; Subchapter E, concerning Proceedings Relating to Probationers, §§187.43 – 187.45; Subchapter F, concerning Temporary Suspension and Restriction Proceedings, §§187.55 – 187.62; Subchapter G, concerning Suspension by Operation Of Law, §§187.70 – 187.72; Subchapter H, concerning Imposition of Administrative Penalty, §§187.75 – 187.82; Subchapter I, concerning Proceedings for Cease and Desist Orders, §187.83 and §187.84; and Subchapter J, concerning Procedures Related to Out-Of-Network Health Benefit Claim Dispute Resolution, §§187.85 – 187.89.
The Board also proposes new Chapter 187, concerning Respiratory Care Practitioners. This includes Subchapter A, concerning Texas Board of Respiratory Care, §§187.1 – 187.4; Subchapter B, concerning Certification and Registration, §§187.10 – 187.17; Subchapter C, concerning Practice Requirements, §187.20; Subchapter D, concerning Board Processes and Procedures, §187.25 and §187.26.
Also, the Board contemporaneously proposes the repeal of current Chapter 186, concerning Respiratory Care Practitioners, §§186.1 – 186.14 and §§186.16 – 186.30.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, the repeal of Chapter 187 is more efficient than proposing multiple amendments to make the required changes.
Amending 22 TAC §§187.35 – 187.37, 187.39, 187.42, to repeal the current subchapter D, concerning formal board proceedings.
CHAPTER 187. PROCEDURAL RULES
SUBCHAPTER D. FORMAL BOARD PROCEEDINGS
22 TAC §§187.35 – 187.37, 187.39, 187.42
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 187, concerning Procedural Rules. This includes Subchapter A, concerning General Provisions and Definitions, §§187.1 – 187.9; Subchapter B, concerning Informal Board Proceedings, §§187.10, 187.11, 187.13 – 187.16, 187.18 – 187.21; Subchapter C, concerning Formal Board Proceedings at SOAH, §§187.22 – 187.31, and §187.33; Subchapter D, concerning Formal Board Proceedings, §§187.35 – 187.37, 187.39 and §187.42; Subchapter E, concerning Proceedings Relating to Probationers, §§187.43 – 187.45; Subchapter F, concerning Temporary Suspension and Restriction Proceedings, §§187.55 – 187.62; Subchapter G, concerning Suspension by Operation Of Law, §§187.70 – 187.72; Subchapter H, concerning Imposition of Administrative Penalty, §§187.75 – 187.82; Subchapter I, concerning Proceedings for Cease and Desist Orders, §187.83 and §187.84; and Subchapter J, concerning Procedures Related to Out-Of-Network Health Benefit Claim Dispute Resolution, §§187.85 – 187.89.
The Board also proposes new Chapter 187, concerning Respiratory Care Practitioners. This includes Subchapter A, concerning Texas Board of Respiratory Care, §§187.1 – 187.4; Subchapter B, concerning Certification and Registration, §§187.10 – 187.17; Subchapter C, concerning Practice Requirements, §187.20; Subchapter D, concerning Board Processes and Procedures, §187.25 and §187.26.
Also, the Board contemporaneously proposes the repeal of current Chapter 186, concerning Respiratory Care Practitioners, §§186.1 – 186.14 and §§186.16 – 186.30.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, the repeal of Chapter 187 is more efficient than proposing multiple amendments to make the required changes.
Amending 22 TAC §§187.43 – 187.45, to repeal the current subchapter E, concerning proceedings relating to probationers.
CHAPTER 187. PROCEDURAL RULES
SUBCHAPTER E. PROCEEDINGS RELATING TO PROBATIONERS
22 TAC §§187.43 – 187.45
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 187, concerning Procedural Rules. This includes Subchapter A, concerning General Provisions and Definitions, §§187.1 – 187.9; Subchapter B, concerning Informal Board Proceedings, §§187.10, 187.11, 187.13 – 187.16, 187.18 – 187.21; Subchapter C, concerning Formal Board Proceedings at SOAH, §§187.22 – 187.31, and §187.33; Subchapter D, concerning Formal Board Proceedings, §§187.35 – 187.37, 187.39 and §187.42; Subchapter E, concerning Proceedings Relating to Probationers, §§187.43 – 187.45; Subchapter F, concerning Temporary Suspension and Restriction Proceedings, §§187.55 – 187.62; Subchapter G, concerning Suspension by Operation Of Law, §§187.70 – 187.72; Subchapter H, concerning Imposition of Administrative Penalty, §§187.75 – 187.82; Subchapter I, concerning Proceedings for Cease and Desist Orders, §187.83 and §187.84; and Subchapter J, concerning Procedures Related to Out-Of-Network Health Benefit Claim Dispute Resolution, §§187.85 – 187.89.
The Board also proposes new Chapter 187, concerning Respiratory Care Practitioners. This includes Subchapter A, concerning Texas Board of Respiratory Care, §§187.1 – 187.4; Subchapter B, concerning Certification and Registration, §§187.10 – 187.17; Subchapter C, concerning Practice Requirements, §187.20; Subchapter D, concerning Board Processes and Procedures, §187.25 and §187.26.
Also, the Board contemporaneously proposes the repeal of current Chapter 186, concerning Respiratory Care Practitioners, §§186.1 – 186.14 and §§186.16 – 186.30.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, the repeal of Chapter 187 is more efficient than proposing multiple amendments to make the required changes.
Amending 22 TAC §§187.55 – 187.62, to repeal the current subchapter F, concerning the temporary suspension and restriction proceedings.
CHAPTER 187. PROCEDURAL RULES
SUBCHAPTER F. TEMPORARY SUSPENSION AND RESTRICTION PROCEEDINGS
22 TAC §§187.55 – 187.62
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 187, concerning Procedural Rules. This includes Subchapter A, concerning General Provisions and Definitions, §§187.1 – 187.9; Subchapter B, concerning Informal Board Proceedings, §§187.10, 187.11, 187.13 – 187.16, 187.18 – 187.21; Subchapter C, concerning Formal Board Proceedings at SOAH, §§187.22 – 187.31, and §187.33; Subchapter D, concerning Formal Board Proceedings, §§187.35 – 187.37, 187.39 and §187.42; Subchapter E, concerning Proceedings Relating to Probationers, §§187.43 – 187.45; Subchapter F, concerning Temporary Suspension and Restriction Proceedings, §§187.55 – 187.62; Subchapter G, concerning Suspension by Operation Of Law, §§187.70 – 187.72; Subchapter H, concerning Imposition of Administrative Penalty, §§187.75 – 187.82; Subchapter I, concerning Proceedings for Cease and Desist Orders, §187.83 and §187.84; and Subchapter J, concerning Procedures Related to Out-Of-Network Health Benefit Claim Dispute Resolution, §§187.85 – 187.89.
The Board also proposes new Chapter 187, concerning Respiratory Care Practitioners. This includes Subchapter A, concerning Texas Board of Respiratory Care, §§187.1 – 187.4; Subchapter B, concerning Certification and Registration, §§187.10 – 187.17; Subchapter C, concerning Practice Requirements, §187.20; Subchapter D, concerning Board Processes and Procedures, §187.25 and §187.26.
Also, the Board contemporaneously proposes the repeal of current Chapter 186, concerning Respiratory Care Practitioners, §§186.1 – 186.14 and §§186.16 – 186.30.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, the repeal of Chapter 187 is more efficient than proposing multiple amendments to make the required changes.
Amending 22 TAC §§187.70 – 187.72, to repeal the current subchapter G, concerning suspension by the operation of law.
CHAPTER 187. PROCEDURAL RULES
SUBCHAPTER G. SUSPENSION BY OPERATION OF LAW
22 TAC §§187.70 – 187.72
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 187, concerning Procedural Rules. This includes Subchapter A, concerning General Provisions and Definitions, §§187.1 – 187.9; Subchapter B, concerning Informal Board Proceedings, §§187.10, 187.11, 187.13 – 187.16, 187.18 – 187.21; Subchapter C, concerning Formal Board Proceedings at SOAH, §§187.22 – 187.31, and §187.33; Subchapter D, concerning Formal Board Proceedings, §§187.35 – 187.37, 187.39 and §187.42; Subchapter E, concerning Proceedings Relating to Probationers, §§187.43 – 187.45; Subchapter F, concerning Temporary Suspension and Restriction Proceedings, §§187.55 – 187.62; Subchapter G, concerning Suspension by Operation Of Law, §§187.70 – 187.72; Subchapter H, concerning Imposition of Administrative Penalty, §§187.75 – 187.82; Subchapter I, concerning Proceedings for Cease and Desist Orders, §187.83 and §187.84; and Subchapter J, concerning Procedures Related to Out-Of-Network Health Benefit Claim Dispute Resolution, §§187.85 – 187.89.
The Board also proposes new Chapter 187, concerning Respiratory Care Practitioners. This includes Subchapter A, concerning Texas Board of Respiratory Care, §§187.1 – 187.4; Subchapter B, concerning Certification and Registration, §§187.10 – 187.17; Subchapter C, concerning Practice Requirements, §187.20; Subchapter D, concerning Board Processes and Procedures, §187.25 and §187.26.
Also, the Board contemporaneously proposes the repeal of current Chapter 186, concerning Respiratory Care Practitioners, §§186.1 – 186.14 and §§186.16 – 186.30.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, the repeal of Chapter 187 is more efficient than proposing multiple amendments to make the required changes.
Amending 22 TAC §§187.75 – 187.82, to repeal the current subchapter H, concerning the imposition of administrative penalties.
CHAPTER 187. PROCEDURAL RULES
SUBCHAPTER H. IMPOSITION OF ADMINISTRATIVE PENALTY
22 TAC §§187.75 – 187.82
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 187, concerning Procedural Rules. This includes Subchapter A, concerning General Provisions and Definitions, §§187.1 – 187.9; Subchapter B, concerning Informal Board Proceedings, §§187.10, 187.11, 187.13 – 187.16, 187.18 – 187.21; Subchapter C, concerning Formal Board Proceedings at SOAH, §§187.22 – 187.31, and §187.33; Subchapter D, concerning Formal Board Proceedings, §§187.35 – 187.37, 187.39 and §187.42; Subchapter E, concerning Proceedings Relating to Probationers, §§187.43 – 187.45; Subchapter F, concerning Temporary Suspension and Restriction Proceedings, §§187.55 – 187.62; Subchapter G, concerning Suspension by Operation Of Law, §§187.70 – 187.72; Subchapter H, concerning Imposition of Administrative Penalty, §§187.75 – 187.82; Subchapter I, concerning Proceedings for Cease and Desist Orders, §187.83 and §187.84; and Subchapter J, concerning Procedures Related to Out-Of-Network Health Benefit Claim Dispute Resolution, §§187.85 – 187.89.
The Board also proposes new Chapter 187, concerning Respiratory Care Practitioners. This includes Subchapter A, concerning Texas Board of Respiratory Care, §§187.1 – 187.4; Subchapter B, concerning Certification and Registration, §§187.10 – 187.17; Subchapter C, concerning Practice Requirements, §187.20; Subchapter D, concerning Board Processes and Procedures, §187.25 and §187.26.
Also, the Board contemporaneously proposes the repeal of current Chapter 186, concerning Respiratory Care Practitioners, §§186.1 – 186.14 and §§186.16 – 186.30.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, the repeal of Chapter 187 is more efficient than proposing multiple amendments to make the required changes.
Amending 22 TAC §187.83, §187.84, to repeal the current subchapter I, concerning proceedings for cease and desist orders.
CHAPTER 187. PROCEDURAL RULES
SUBCHAPTER I. PROCEEDINGS FOR CEASE AND DESIST ORDERS
22 TAC §187.83, §187.84
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 187, concerning Procedural Rules. This includes Subchapter A, concerning General Provisions and Definitions, §§187.1 – 187.9; Subchapter B, concerning Informal Board Proceedings, §§187.10, 187.11, 187.13 – 187.16, 187.18 – 187.21; Subchapter C, concerning Formal Board Proceedings at SOAH, §§187.22 – 187.31, and §187.33; Subchapter D, concerning Formal Board Proceedings, §§187.35 – 187.37, 187.39 and §187.42; Subchapter E, concerning Proceedings Relating to Probationers, §§187.43 – 187.45; Subchapter F, concerning Temporary Suspension and Restriction Proceedings, §§187.55 – 187.62; Subchapter G, concerning Suspension by Operation Of Law, §§187.70 – 187.72; Subchapter H, concerning Imposition of Administrative Penalty, §§187.75 – 187.82; Subchapter I, concerning Proceedings for Cease and Desist Orders, §187.83 and §187.84; and Subchapter J, concerning Procedures Related to Out-Of-Network Health Benefit Claim Dispute Resolution, §§187.85 – 187.89.
The Board also proposes new Chapter 187, concerning Respiratory Care Practitioners. This includes Subchapter A, concerning Texas Board of Respiratory Care, §§187.1 – 187.4; Subchapter B, concerning Certification and Registration, §§187.10 – 187.17; Subchapter C, concerning Practice Requirements, §187.20; Subchapter D, concerning Board Processes and Procedures, §187.25 and §187.26.
Also, the Board contemporaneously proposes the repeal of current Chapter 186, concerning Respiratory Care Practitioners, §§186.1 – 186.14 and §§186.16 – 186.30.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, the repeal of Chapter 187 is more efficient than proposing multiple amendments to make the required changes.
CHAPTER 187. PROCEDURAL RULES
SUBCHAPTER J. PROCEDURES RELATED TO OUT-OF-NETWORK HEALTH BENEFIT CLAIM DISPUTE RESOLUTION
22 TAC §§187.85 – 187.89
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 187, concerning Procedural Rules. This includes Subchapter A, concerning General Provisions and Definitions, §§187.1 – 187.9; Subchapter B, concerning Informal Board Proceedings, §§187.10, 187.11, 187.13 – 187.16, 187.18 – 187.21; Subchapter C, concerning Formal Board Proceedings at SOAH, §§187.22 – 187.31, and §187.33; Subchapter D, concerning Formal Board Proceedings, §§187.35 – 187.37, 187.39 and §187.42; Subchapter E, concerning Proceedings Relating to Probationers, §§187.43 – 187.45; Subchapter F, concerning Temporary Suspension and Restriction Proceedings, §§187.55 – 187.62; Subchapter G, concerning Suspension by Operation Of Law, §§187.70 – 187.72; Subchapter H, concerning Imposition of Administrative Penalty, §§187.75 – 187.82; Subchapter I, concerning Proceedings for Cease and Desist Orders, §187.83 and §187.84; and Subchapter J, concerning Procedures Related to Out-Of-Network Health Benefit Claim Dispute Resolution, §§187.85 – 187.89.
The Board also proposes new Chapter 187, concerning Respiratory Care Practitioners. This includes Subchapter A, concerning Texas Board of Respiratory Care, §§187.1 – 187.4; Subchapter B, concerning Certification and Registration, §§187.10 – 187.17; Subchapter C, concerning Practice Requirements, §187.20; Subchapter D, concerning Board Processes and Procedures, §187.25 and §187.26.
Also, the Board contemporaneously proposes the repeal of current Chapter 186, concerning Respiratory Care Practitioners, §§186.1 – 186.14 and §§186.16 – 186.30.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, the repeal of Chapter 187 is more efficient than proposing multiple amendments to make the required changes.
Amending 22 TAC §§187.1 – 187.4, to explain the functions and duties of the Board and its members.
CHAPTER 187. RESPIRATORY CARE PRACTITIONERS
SUBCHAPTER A. TEXAS BOARD OF RESPIRATORY CARE
22 TAC §§187.1 – 187.4
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 187, concerning Procedural Rules. This includes Subchapter A, concerning General Provisions and Definitions, §§187.1 – 187.9; Subchapter B, concerning Informal Board Proceedings, §§187.10, 187.11, 187.13 – 187.16, 187.18 – 187.21; Subchapter C, concerning Formal Board Proceedings at SOAH, §§187.22 – 187.31, and §187.33; Subchapter D, concerning Formal Board Proceedings, §§187.35 – 187.37, 187.39 and §187.42; Subchapter E, concerning Proceedings Relating to Probationers, §§187.43 – 187.45; Subchapter F, concerning Temporary Suspension and Restriction Proceedings, §§187.55 – 187.62; Subchapter G, concerning Suspension by Operation Of Law, §§187.70 – 187.72; Subchapter H, concerning Imposition of Administrative Penalty, §§187.75 – 187.82; Subchapter I, concerning Proceedings for Cease and Desist Orders, §187.83 and §187.84; and Subchapter J, concerning Procedures Related to Out-Of-Network Health Benefit Claim Dispute Resolution, §§187.85 – 187.89.
The Board also proposes new Chapter 187, concerning Respiratory Care Practitioners. This includes Subchapter A, concerning Texas Board of Respiratory Care, §§187.1 – 187.4; Subchapter B, concerning Certification and Registration, §§187.10 – 187.17; Subchapter C, concerning Practice Requirements, §187.20; Subchapter D, concerning Board Processes and Procedures, §187.25 and §187.26.
Also, the Board contemporaneously proposes the repeal of current Chapter 186, concerning Respiratory Care Practitioners, §§186.1 – 186.14 and §§186.16 – 186.30.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, the repeal of Chapter 187 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §187.1, Definitions, defines terms used in new Chapter 187.
New §187.2, Functions and Duties, explains the functions and duties of the Board and its members.
New §187.3, Meetings, explains how Board meetings are conducted.
New §187.4, Standing Committees, identifies and describes the function of the 2 Standing Committees of the Advisory Board, the Discipline and Ethics Committee and Licensure Committee.
Amending 22 TAC §§187.10 – 187.17, to outline the general requirements for licensure for a Respiratory Care Practitioners certification.
CHAPTER 187. RESPIRATORY CARE PRACTITIONERS
SUBCHAPTER B. CERTIFICATION AND REGISTRATION
22 TAC §§187.10 – 187.17
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 187, concerning Procedural Rules. This includes Subchapter A, concerning General Provisions and Definitions, §§187.1 – 187.9; Subchapter B, concerning Informal Board Proceedings, §§187.10, 187.11, 187.13 – 187.16, 187.18 – 187.21; Subchapter C, concerning Formal Board Proceedings at SOAH, §§187.22 – 187.31, and §187.33; Subchapter D, concerning Formal Board Proceedings, §§187.35 – 187.37, 187.39 and §187.42; Subchapter E, concerning Proceedings Relating to Probationers, §§187.43 – 187.45; Subchapter F, concerning Temporary Suspension and Restriction Proceedings, §§187.55 – 187.62; Subchapter G, concerning Suspension by Operation Of Law, §§187.70 – 187.72; Subchapter H, concerning Imposition of Administrative Penalty, §§187.75 – 187.82; Subchapter I, concerning Proceedings for Cease and Desist Orders, §187.83 and §187.84; and Subchapter J, concerning Procedures Related to Out-Of-Network Health Benefit Claim Dispute Resolution, §§187.85 – 187.89.
The Board also proposes new Chapter 187, concerning Respiratory Care Practitioners. This includes Subchapter A, concerning Texas Board of Respiratory Care, §§187.1 – 187.4; Subchapter B, concerning Certification and Registration, §§187.10 – 187.17; Subchapter C, concerning Practice Requirements, §187.20; Subchapter D, concerning Board Processes and Procedures, §187.25 and §187.26.
Also, the Board contemporaneously proposes the repeal of current Chapter 186, concerning Respiratory Care Practitioners, §§186.1 – 186.14 and §§186.16 – 186.30.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, the repeal of Chapter 187 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §187.10, General Requirements for Certification, outlines the general requirements for licensure for a Respiratory Care Practitioners certification.
New §187.11, Current Clinical Practice, outlines the submission of an applicant’s professional or work history information for board review when seeking certification.
New §187.12, Temporary Permits, explains the requirements and process for a temporary Respiratory Care Practitioners permit.
New §187.13, Procedural Rules for Certificate Applicants, outlines the general requirements for applicants to obtain a Respiratory Care Practitioners certification.
New §187.14, Recertification, outlines the requirements for a certificate holder who has retired or who has surrendered their certificate and is seeking reissuance of a certificate.
New §187.15, Certificate Registration and Renewal, outlines the general requirements of certificate registration and renewal.
New §187.16, Biennial Continuing Education (CE) Requirements, explains the requirements regarding the Respiratory Care Practitioners biennial continuing education.
New §187.17, Inactive Certificate, describes the status of being placed on inactive status in accordance with §604.156 of the Act and the requirements to obtain recertification under §187.14 of this subchapter.
CHAPTER 187. RESPIRATORY CARE PRACTITIONERS
SUBCHAPTER C. PRACTICE REQUIREMENTS
22 TAC §187.20
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 187, concerning Procedural Rules. This includes Subchapter A, concerning General Provisions and Definitions, §§187.1 – 187.9; Subchapter B, concerning Informal Board Proceedings, §§187.10, 187.11, 187.13 – 187.16, 187.18 – 187.21; Subchapter C, concerning Formal Board Proceedings at SOAH, §§187.22 – 187.31, and §187.33; Subchapter D, concerning Formal Board Proceedings, §§187.35 – 187.37, 187.39 and §187.42; Subchapter E, concerning Proceedings Relating to Probationers, §§187.43 – 187.45; Subchapter F, concerning Temporary Suspension and Restriction Proceedings, §§187.55 – 187.62; Subchapter G, concerning Suspension by Operation Of Law, §§187.70 – 187.72; Subchapter H, concerning Imposition of Administrative Penalty, §§187.75 – 187.82; Subchapter I, concerning Proceedings for Cease and Desist Orders, §187.83 and §187.84; and Subchapter J, concerning Procedures Related to Out-Of-Network Health Benefit Claim Dispute Resolution, §§187.85 – 187.89.
The Board also proposes new Chapter 187, concerning Respiratory Care Practitioners. This includes Subchapter A, concerning Texas Board of Respiratory Care, §§187.1 – 187.4; Subchapter B, concerning Certification and Registration, §§187.10 – 187.17; Subchapter C, concerning Practice Requirements, §187.20; Subchapter D, concerning Board Processes and Procedures, §187.25 and §187.26.
Also, the Board contemporaneously proposes the repeal of current Chapter 186, concerning Respiratory Care Practitioners, §§186.1 – 186.14 and §§186.16 – 186.30.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, the repeal of Chapter 187 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §187.20, On-Going Reporting Requirements, explains the requirements related to a Respiratory Care Practitioner licensed by the Advisory Board to report any event listed in §162.2(b)(1) through (7) of this title within 10 days after the event.
Amending 22 TAC §187.25, §187.26, to explain the applicable rules applied to complaints and investigations, disciplinary guidelines and sanctions, and compliance.
CHAPTER 187. RESPIRATORY CARE PRACTITIONERS
SUBCHAPTER D. BOARD PROCESSES AND PROCEDURES
22 TAC §187.25, §187.26
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 187, concerning Procedural Rules. This includes Subchapter A, concerning General Provisions and Definitions, §§187.1 – 187.9; Subchapter B, concerning Informal Board Proceedings, §§187.10, 187.11, 187.13 – 187.16, 187.18 – 187.21; Subchapter C, concerning Formal Board Proceedings at SOAH, §§187.22 – 187.31, and §187.33; Subchapter D, concerning Formal Board Proceedings, §§187.35 – 187.37, 187.39 and §187.42; Subchapter E, concerning Proceedings Relating to Probationers, §§187.43 – 187.45; Subchapter F, concerning Temporary Suspension and Restriction Proceedings, §§187.55 – 187.62; Subchapter G, concerning Suspension by Operation Of Law, §§187.70 – 187.72; Subchapter H, concerning Imposition of Administrative Penalty, §§187.75 – 187.82; Subchapter I, concerning Proceedings for Cease and Desist Orders, §187.83 and §187.84; and Subchapter J, concerning Procedures Related to Out-Of-Network Health Benefit Claim Dispute Resolution, §§187.85 – 187.89.
The Board also proposes new Chapter 187, concerning Respiratory Care Practitioners. This includes Subchapter A, concerning Texas Board of Respiratory Care, §§187.1 – 187.4; Subchapter B, concerning Certification and Registration, §§187.10 – 187.17; Subchapter C, concerning Practice Requirements, §187.20; Subchapter D, concerning Board Processes and Procedures, §187.25 and §187.26.
Also, the Board contemporaneously proposes the repeal of current Chapter 186, concerning Respiratory Care Practitioners, §§186.1 – 186.14 and §§186.16 – 186.30.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, the repeal of Chapter 187 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §187.25, Procedural Rules, explains the applicable rules applied to complaints and investigations, disciplinary guidelines and sanctions, and compliance in accordance with §604.209 of the Act.
New §187.26, Consequences of Criminal Conviction, states that licensing and disciplinary matters or arrest and criminal history will be evaluated consistent with Chapter 53 of the Texas Occupations Code.
Amending 22 TAC §§188.1 – 188.15, 188.17 – 188.24, 188.26, 188.28 – 188.30, to repeal the current Chapter 188, concerning perfusionists.
CHAPTER 188. PERFUSIONISTS
22 TAC §§188.1 – 188.15, 188.17 – 188.24, 188.26, 188.28 – 188.30
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 188, concerning Perfusionists, §§188.1 – 188.15, 188.17 – 188.24, 188.26, 188.28 – 188.30.
The Board also proposes new Chapter 188, concerning Perfusionists, §§188.1 – 188.14.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 188 is more efficient than proposing multiple amendments to make the required changes.
Amending 22 TAC §§188.1 – 188.14, to outline the general licensure requirements for a Texas Perfusionist license.
CHAPTER 188. PERFUSIONISTS
22 TAC §§188.1 – 188.14
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 188, concerning Perfusionists, §§188.1 – 188.15, 188.17 – 188.24, 188.26, 188.28 – 188.30.
The Board also proposes new Chapter 188, concerning Perfusionists, §§188.1 – 188.14.
BACKGROUND AND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 188 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §188.1, Definitions, defines terms used in new Chapter 188.
New §188.2, Meetings, explains how Advisory Committee meetings are conducted.
New §188.3, General Requirements for Licensure, outlines the general licensure requirements for a Texas Perfusionist license.
New §188.4, Educational Requirements, explains the educational requirements recognized in §603.254 of the Act, and completion of an educational program accepted by the American Board of Cardiovascular Perfusion (ABCP) for examination purposes.
New §188.5, Competency Examinations, explains the perfusion examination and credentialing requirements for licensure.
New §188.6, Procedural Rules for Licensure Applicants, explains the procedure by which the Executive Director may offer an applicant in order for the applicant to obtain licensure.
New §188.7, Provisional Licenses, explains the requirements and process for provisional licensure.
New §188.8, Supervision Standards, describes the requirements of a supervising licensee.
New §188.9, License Registration and Renewal, outlines the general requirements of licensure registration and renewal.
New §188.10, Biennial Continuing Education (CE) Requirements, explains the license holder’s course requirements regarding completion of CE and exemptions.
New §188.11, Relicensure, describes the requirements for a licensee who has retired or surrendered their license and seeks to be re-licensed.
New §188.12, Code of Ethics, explains the requirements that a Perfusionist must conform to regarding all state and federal laws, rules, and professional standards.
New §188.13, On-Going Reporting Requirements, states that perfusionists must report any event listed in §162.2(b)(1) through (7) of this title to the board within 10 days after the event.
New §188.14, Procedural Rules, explains the applicable rules applied to complaints and investigations, disciplinary guidelines and sanctions, and compliance in accordance with §603.401 of the Act.
Amending 22 TAC §§189.1 – 189.13, to repeal the current Chapter 189, concerning the compliance program.
CHAPTER 189. COMPLIANCE PROGRAM
22 TAC §§189.1 – 189.13
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 189, concerning Compliance Program, §§189.1 – 189.16.
The Board also proposes new Chapter 189, concerning Medical Physicists, §§189.1 – 189.13.
Also, the Board contemporaneously proposes the repeal of current Chapter 160, concerning Medical Physicists, §§160.1 – 160.5, §§160.7 – 160.31.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 189 is more efficient than proposing multiple amendments to make the required changes.
Amending 22 TAC §§189.1 – 189.16, to outline the general requirements and specific documentation necessary for an applicant to obtain a Medical Physicist license.
CHAPTER 189. MEDICAL PHYSICISTS
22 TAC §§189.1 – 189.16
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 189, concerning Compliance Program, §§189.1 – 189.16.
The Board also proposes new Chapter 189, concerning Medical Physicists, §§189.1 – 189.13.
Also, the Board contemporaneously proposes the repeal of current Chapter 160, concerning Medical Physicists, §§160.1 – 160.5, §§160.7 – 160.31.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 189 is more efficient than proposing multiple amendments to make the required changes.
SECTION-BY-SECTION SUMMARY
New §189.1, Definitions, defines terms used in new Chapter 189.
New §189.2, Meetings, explains how Advisory Committee meetings are conducted.
New §189.3, General Requirements for Licensure, outlines the general requirements and specific documentation necessary for an applicant to obtain a Medical Physicist license.
New §189.4, Required References, explains the requirement for an applicant to submit three professional references to obtain a license.
New §189.5, Acceptable Education for Licensure, outlines the applicant’s eligibility requirements including specific educational programs and degrees, as well as specified credit hours necessary to apply for Medical Physicist licensure.
New §189.6, Specialty Examinations, details the specific examination in each specialty that the applicant must pass to obtain a Medical Physicist license.
New §189.7, Current Clinical Practice, outlines the process of submission of an applicant’s professional or work history information, demonstrating fulfillment of the minimum practice requirements to apply for licensure as set forth under §602.207 of the Act.
New §189.8, Temporary License, explains the requirements and process of the applicant to obtain a temporary Medical Physicist license.
New §189.9, Procedural Rules for Licensure Applicants, states that applications will be processed in accordance with Chapter 602 of the Act. The section also describes the Executive Director’s review of the licensure applications and the several options which may be offered to the applicant.
New §189.10, Registration and Renewal of Certificate, details the process of renewal of the registration of the licensee’s license on a biennial basis and the basis for cancellation of the certificate.
New §189.11, Biennial Continuing Education (CE) Requirements, describes the CE courses that the license holder is required to complete biennially and the specified number of hours. Exemptions for CE requirements are also detailed.
New §189.12, Reporting Requirements, states that a Medical Physicist must report any event listed in §162.2(b)(1) through (7) of this title within 10 days after the event.
New §189.13, Procedural Rules, describes the applicability of Chapter 179, regarding Procedural Rules; Chapter 177, regarding Complaints and Investigation; Chapter 180, regarding Disciplinary Guidelines and Sanctions; and Chapter 181, regarding Compliance.
Amending 22 TAC §190.1, §190.2, to repeal the current subchapter A, concerning general provision.
CHAPTER 190. DISCIPLINARY GUIDELINES
SUBCHAPTER A. GENERAL PROVISIONS
22 TAC §190.1, §190.2
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 190, concerning Disciplinary Guidelines. This includes Subchapter A, concerning General Provisions, §190.1 and §190.2; Subchapter B, concerning Violation Guidelines, §190.8; Subchapter C, concerning Sanction Guidelines, §190.14 and §190.15; and Subchapter D, concerning Administrative Penalties, §190.16.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200 as part of the Board’s rule review, repeal of Chapter 190 in its entirety is more efficient than proposing multiple amendments to make the required changes.
Amending 22 TAC §190.8, to repeal the current subchapter B, concerning violation guidelines.
CHAPTER 190. DISCIPLINARY GUIDELINES
SUBCHAPTER B. VIOLATION GUIDELINES
22 TAC §190.8
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 190, concerning Disciplinary Guidelines. This includes Subchapter A, concerning General Provisions, §190.1 and §190.2; Subchapter B, concerning Violation Guidelines, §190.8; Subchapter C, concerning Sanction Guidelines, §190.14 and §190.15; and Subchapter D, concerning Administrative Penalties, §190.16.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200 as part of the Board’s rule review, repeal of Chapter 190 in its entirety is more efficient than proposing multiple amendments to make the required changes.
Amending 22 TAC §190.14, §190.15, to repeal the current subchapter C, concerning sanction guidelines.
CHAPTER 190. DISCIPLINARY GUIDELINES
SUBCHAPTER C. SANCTION GUIDELINES
22 TAC §190.14, §190.15
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 190, concerning Disciplinary Guidelines. This includes Subchapter A, concerning General Provisions, §190.1 and §190.2; Subchapter B, concerning Violation Guidelines, §190.8; Subchapter C, concerning Sanction Guidelines, §190.14 and §190.15; and Subchapter D, concerning Administrative Penalties, §190.16.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200 as part of the Board’s rule review, repeal of Chapter 190 in its entirety is more efficient than proposing multiple amendments to make the required changes.
Amending 22 TAC §190.16, to repeal the current subchapter D, concerning administrative penalties.
CHAPTER 190. DISCIPLINARY GUIDELINES
SUBCHAPTER D. ADMINISTRATIVE PENALTIES
22 TAC §190.16
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 190, concerning Disciplinary Guidelines. This includes Subchapter A, concerning General Provisions, §190.1 and §190.2; Subchapter B, concerning Violation Guidelines, §190.8; Subchapter C, concerning Sanction Guidelines, §190.14 and §190.15; and Subchapter D, concerning Administrative Penalties, §190.16.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200 as part of the Board’s rule review, repeal of Chapter 190 in its entirety is more efficient than proposing multiple amendments to make the required changes.
Amending 22 TAC §§192.1 – 192.6, to repeal the current Chapter 192, concerning office-based anesthesia services.
CHAPTER 192. OFFICE-BASED ANESTHESIA SERVICES
22 TAC §§192.1 – 192.6
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 192, concerning Office-Based Anesthesia Services, §§192.1 – 192.6.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200 as part of the Board’s rule review, repeal of Chapter 192 in its entirety is more efficient than proposing multiple amendments to make the required changes.
Amending 22 TAC §§193.1 – 193.13, to repeal the current Chapter 193, concerning standing delegation orders.
CHAPTER 193. STANDING DELEGATION ORDERS
22 TAC §§193.1 – 193.13
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 193, concerning Standing Delegation Orders, §§193.1 – 193.13.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200 as part of the Board’s rule review, repeal of Chapter 193 in its entirety is more efficient than proposing multiple amendments to make the required changes.
CHAPTER 194. MEDICAL RADIOLOGIC TECHNOLOGY
SUBCHAPTER A. CERTIFICATE HOLDERS, NON-CERTIFIED TECHNICIANS, AND OTHER AUTHORIZED INDIVIDUALS OR ENTITIES
22 TAC §§194.1 – 194.13, 194.15 – 194.34
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 194, concerning Medical Radiologic Technology. This includes Subchapter A, concerning Certificate Holders, Non-Certified Technicians, and Other Authorized Individuals or Entities, §§194.1 – 194.13, §§194.15 – 194.34.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200 as part of the Board’s rule review, repeal of Chapter 194 in its entirety is more efficient than proposing multiple amendments to make the required changes.
Amending 22 TAC §§195.1 – 195.5, to repeal the current Chapter 195, concerning pain management clinics.
CHAPTER 195. PAIN MANAGEMENT CLINICS
22 TAC §§195.1 – 195.5
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 195, concerning Pain Management Clinics, §§195.1 – 195.5.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160 – 200 as part of the Board’s rule review, repeal of Chapter 195 in its entirety is more efficient than proposing multiple amendments to make the required changes.
Amending 22 TAC §§197.1 – 197.7, to repeal the current Chapter 197, concerning emergency medical services.
CHAPTER 197. EMERGENCY MEDICAL SERVICE
22 TAC §§197.1 – 197.7
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 197, concerning Emergency Medical Services, §§197.1 – 197.7.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200 as part of the Board’s rule review, repeal of Chapter 197 in its entirety is more efficient than proposing multiple amendments to make the required changes.
Amending 22 TAC §§198.1 – 198.4, to repeal the current subchapter A, concerning the standards for use of investigational drugs, biological products, or devices.
CHAPTER 198. STANDARDS FOR USE OF INVESTIGATIONAL AGENTS
SUBCHAPTER A. STANDARDS FOR USE OF INVESTIGATIONAL DRUGS, BIOLOGICAL PRODUCTS, OR DEVICES
22 TAC §§198.1 – 198.4
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 198, concerning Standards for Use of Investigational Agents. This includes Subchapter A, concerning Standards for Use of Investigational Drugs, Biological Products, Or Devices, §§198.1 – 198.4; and Subchapter B, concerning Investigational Stem Cell Treatments for Patients with Certain Severe Chronic Diseases or Terminal Illnesses, §198.5 and §198.6.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200 as part of the Board’s rule review, repeal of Chapter 198 in its entirety is more efficient than proposing multiple amendments to make the required changes
Amending 22 TAC §198.5, §198.6, to repeal the current subchapter B, concerning investigational stem cell treatments for patients with certain severe chronic diseases or terminal illnesses.
CHAPTER 198. STANDARDS FOR USE OF INVESTIGATIONAL AGENTS
SUBCHAPTER B. INVESTIGATIONAL STEM CELL TREATMENTS FOR PATIENTS WITH CERTAIN SEVERE CHRONIC DISEASES OR TERMINAL ILLNESSES
22 TAC §198.5, §198.6
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 198, concerning Standards for Use of Investigational Agents. This includes Subchapter A, concerning Standards for Use of Investigational Drugs, Biological Products, Or Devices, §§198.1 – 198.4; and Subchapter B, concerning Investigational Stem Cell Treatments for Patients with Certain Severe Chronic Diseases or Terminal Illnesses, §198.5 and §198.6.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200 as part of the Board’s rule review, repeal of Chapter 198 in its entirety is more efficient than proposing multiple amendments to make the required changes
Amending 22 TAC §§200.1 – 200.3, to repeal the current Chapter 200, concerning the standards for physicians practicing complementary and alternative medicine.
CHAPTER 200. STANDARDS FOR PHYSICIANS PRACTICING COMPLEMENTARY AND ALTERNATIVE MEDICINE
22 TAC §§200.1 – 200.3
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 200, concerning Standards for Physicians Practicing Complementary and Alternative Medicine, §§200.1 – 200.3.
BACKGROUND PURPOSE
The Board has determined that due to the extensive reorganization of Chapters 160-200 as part of the Board’s rule review, repeal of Chapter 200 in its entirety is more efficient than proposing multiple amendments to make the required changes.
Texas Department of State Health Services
Adopted Rules Re:
Adopting 25 TAC §289.229, to establish new definitions; qualify training requirements; and update license application processes, concerning the use of field stations, material storage, and approved methods for waste disposal, and otherwise improve clarity and correct grammatical mistakes.
CHAPTER 289. RADIATION CONTROL
SUBCHAPTER E. REGISTRATION REGULATIONS
25 TAC §289.229
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts amendment to §289.229, concerning Radiation Safety Requirements for Accelerators, Therapeutic Radiation Machines, Simulators, and Electronic Brachytherapy Devices. The amendment to §289.229 is adopted with changes to the proposed text as published in the June 14, 2024, issue of the Texas Register (49 TexReg 4329). This rule will be republished.
BACKGROUND AND JUSTIFICATION
The adoption updates regulations concerning accelerator facilities and operations. These changes address concerns developing in the field, requiring a comprehensive update to ensure the safety, quality, and effectiveness of accelerator-based facilities.
Language was added to hold a facility using an accelerator to the requirements in §289.229, even if they are not registered. Veterinary requirements have been removed from this rule and incorporated into §289.233, concerning Radiation Control Regulations for Radiation Machines Used in Veterinary Medicine, which is dedicated to veterinary-specific facilities.
Equipment Performance Evaluation (EPE) requirements have been introduced for Computed Tomography (CT) units used in simulation. This addition enhances safety and promotes the principle of ALARA (as low as reasonably achievable).
Safety interlock requirements have been included for add-on equipment. This measure ensures the addition of equipment into accelerator systems, after installation, meets specified safety standards protecting both patients and operators.
The rule has been reorganized with Electronic Brachytherapy (EBT) requirements relocated from the end of the rule to the general requirements section. This reorganization makes the rule more accessible and coherent.
Texas Health and Human Services Commission
Adopted Rules Re:
Adopting 26 TAC §550.1, §550.5, to replace references to DADS, update wording, and delete definitions made obsolete by organizational changes.
CHAPTER 550. LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS
SUBCHAPTER A. PURPOSE, SCOPE, LIMITATIONS, COMPLIANCE, AND DEFINITIONS
26 TAC §550.1, §550.5
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §§550.1, 550.5, 550.101 – 550.106, 550.108 – 550.115, 550.118 – 550.123, 550.202, 550.203, 550.205 – 550.207, 550.210, 550.211, 550.301, 550.303 – 550.306, 550.308 – 550.311, 550.402 – 550.406, 550.409 – 550.411, 550.413, 550.415, 550.417, 550.418, 550.504, 550.506 – 550.508, 550.510, 550.511, 550.601 – 550.608, 550.701, 550.703, 550.705, 550.707, 550.802, 550.803, 550.901 – 550.906, 550.1001 – 550.1003, 550.1101, 550.1102, 550.1202 – 550.1204, 550.1206, 550.1207, 550.1211, 550.1215, 550.1217 – 550.1220, 550.1222, 550.1224, 550.1301 – 550.1305, and 550.1401 – 550.1408.
The amendments to §§550.1, 550.5, 550.101 – 550.106, 550.108 – 550.115, 550.118 – 550.123, 550.202, 550.203, 550.205 – 550.207, 550.210, 550.211, 550.301, 550.303 – 550.306, 550.308 – 550.311, 550.402 – 550.406, 550.409 – 550.411, 550.413, 550.415, 550.417, 550.418, 550.504, 550.506 – 550.508, 550.510, 550.511, 550.601 – 550.608, 550.701, 550.703, 550.705, 550.707, 550.802, 550.803, 550.901 – 550.906, 550.1001 – 550.1003, 550.1101, 550.1102, 550.1202 – 550.1204, 550.1206, 550.1207, 550.1211, 550.1215, 550.1217 – 550.1220, 550.1222, 550.1224, 550.1301 – 550.1305, and 550.1401 – 550.1408 are adopted without changes to the proposed text as published in the June 14, 2024, issue of the Texas Register (49 TexReg 4357). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The amendments are necessary to comply with House Bill (H.B.) 1009 and H.B. 3550 from the 88th Legislature, Regular Session, 2023, that apply to Prescribed Pediatric Extended Care Centers (PPECC). H.B. 1009 requires a facility to suspend an employee who has been found by HHSC to have engaged in reportable conduct for purposes of inclusion on the Employee Misconduct Registry during any appeals. H.B. 3550 establishes minimum standards for transportation services whereby a center coordinates the schedule of transportation services with a minor’s parent, guardian, or other legally authorized representative; determines what type of provider needs to be present during transportation; and permits a minor’s parent, guardian, or other legally authorized representative to decline a center’s transportation services entirely or only on a specific date. The rules also set forth that a center may not require a plan of care or physician’s order to document a minor’s need for transportation services to access PPECC services or consider transportation services as nursing services in a minor’s plan of care. The amendments also update terminology and references throughout the chapter and reflect current processes.
Adopting 26 TAC §§550.101 – 550.106, 550.108 – 550.115, 550.118 – 550.123, to update processes, update outdated references to DADS, and delete obsolete portions.
CHAPTER 550. LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS
SUBCHAPTER B. LICENSING APPLICATION, MAINTENANCE, AND FEES
26 TAC §§550.101 – 550.106, 550.108 – 550.115, 550.118 – 550.123
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §§550.1, 550.5, 550.101 – 550.106, 550.108 – 550.115, 550.118 – 550.123, 550.202, 550.203, 550.205 – 550.207, 550.210, 550.211, 550.301, 550.303 – 550.306, 550.308 – 550.311, 550.402 – 550.406, 550.409 – 550.411, 550.413, 550.415, 550.417, 550.418, 550.504, 550.506 – 550.508, 550.510, 550.511, 550.601 – 550.608, 550.701, 550.703, 550.705, 550.707, 550.802, 550.803, 550.901 – 550.906, 550.1001 – 550.1003, 550.1101, 550.1102, 550.1202 – 550.1204, 550.1206, 550.1207, 550.1211, 550.1215, 550.1217 – 550.1220, 550.1222, 550.1224, 550.1301 – 550.1305, and 550.1401 – 550.1408.
The amendments to §§550.1, 550.5, 550.101 – 550.106, 550.108 – 550.115, 550.118 – 550.123, 550.202, 550.203, 550.205 – 550.207, 550.210, 550.211, 550.301, 550.303 – 550.306, 550.308 – 550.311, 550.402 – 550.406, 550.409 – 550.411, 550.413, 550.415, 550.417, 550.418, 550.504, 550.506 – 550.508, 550.510, 550.511, 550.601 – 550.608, 550.701, 550.703, 550.705, 550.707, 550.802, 550.803, 550.901 – 550.906, 550.1001 – 550.1003, 550.1101, 550.1102, 550.1202 – 550.1204, 550.1206, 550.1207, 550.1211, 550.1215, 550.1217 – 550.1220, 550.1222, 550.1224, 550.1301 – 550.1305, and 550.1401 – 550.1408 are adopted without changes to the proposed text as published in the June 14, 2024, issue of the Texas Register (49 TexReg 4357). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The amendments are necessary to comply with House Bill (H.B.) 1009 and H.B. 3550 from the 88th Legislature, Regular Session, 2023, that apply to Prescribed Pediatric Extended Care Centers (PPECC). H.B. 1009 requires a facility to suspend an employee who has been found by HHSC to have engaged in reportable conduct for purposes of inclusion on the Employee Misconduct Registry during any appeals. H.B. 3550 establishes minimum standards for transportation services whereby a center coordinates the schedule of transportation services with a minor’s parent, guardian, or other legally authorized representative; determines what type of provider needs to be present during transportation; and permits a minor’s parent, guardian, or other legally authorized representative to decline a center’s transportation services entirely or only on a specific date. The rules also set forth that a center may not require a plan of care or physician’s order to document a minor’s need for transportation services to access PPECC services or consider transportation services as nursing services in a minor’s plan of care. The amendments also update terminology and references throughout the chapter and reflect current processes.
Adopting 26 TAC §§550.202, 550.203, 550.205 – 550.207, 550.210, 550.211, to update outdated references to DADS and update processes.
CHAPTER 550. LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS
SUBCHAPTER C. GENERAL PROVISIONS
DIVISION 1. OPERATIONS AND SAFETY PROVISIONS
26 TAC §§550.202, 550.203, 550.205 – 550.207, 550.210, 550.211
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §§550.1, 550.5, 550.101 – 550.106, 550.108 – 550.115, 550.118 – 550.123, 550.202, 550.203, 550.205 – 550.207, 550.210, 550.211, 550.301, 550.303 – 550.306, 550.308 – 550.311, 550.402 – 550.406, 550.409 – 550.411, 550.413, 550.415, 550.417, 550.418, 550.504, 550.506 – 550.508, 550.510, 550.511, 550.601 – 550.608, 550.701, 550.703, 550.705, 550.707, 550.802, 550.803, 550.901 – 550.906, 550.1001 – 550.1003, 550.1101, 550.1102, 550.1202 – 550.1204, 550.1206, 550.1207, 550.1211, 550.1215, 550.1217 – 550.1220, 550.1222, 550.1224, 550.1301 – 550.1305, and 550.1401 – 550.1408.
The amendments to §§550.1, 550.5, 550.101 – 550.106, 550.108 – 550.115, 550.118 – 550.123, 550.202, 550.203, 550.205 – 550.207, 550.210, 550.211, 550.301, 550.303 – 550.306, 550.308 – 550.311, 550.402 – 550.406, 550.409 – 550.411, 550.413, 550.415, 550.417, 550.418, 550.504, 550.506 – 550.508, 550.510, 550.511, 550.601 – 550.608, 550.701, 550.703, 550.705, 550.707, 550.802, 550.803, 550.901 – 550.906, 550.1001 – 550.1003, 550.1101, 550.1102, 550.1202 – 550.1204, 550.1206, 550.1207, 550.1211, 550.1215, 550.1217 – 550.1220, 550.1222, 550.1224, 550.1301 – 550.1305, and 550.1401 – 550.1408 are adopted without changes to the proposed text as published in the June 14, 2024, issue of the Texas Register (49 TexReg 4357). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The amendments are necessary to comply with House Bill (H.B.) 1009 and H.B. 3550 from the 88th Legislature, Regular Session, 2023, that apply to Prescribed Pediatric Extended Care Centers (PPECC). H.B. 1009 requires a facility to suspend an employee who has been found by HHSC to have engaged in reportable conduct for purposes of inclusion on the Employee Misconduct Registry during any appeals. H.B. 3550 establishes minimum standards for transportation services whereby a center coordinates the schedule of transportation services with a minor’s parent, guardian, or other legally authorized representative; determines what type of provider needs to be present during transportation; and permits a minor’s parent, guardian, or other legally authorized representative to decline a center’s transportation services entirely or only on a specific date. The rules also set forth that a center may not require a plan of care or physician’s order to document a minor’s need for transportation services to access PPECC services or consider transportation services as nursing services in a minor’s plan of care. The amendments also update terminology and references throughout the chapter and reflect current processes.
Adopting 26 TAC §§550.301, 550.303 – 550.306, 550.308 – 550.311, to update outdated references to DADS and updates processes.
CHAPTER 550. LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS
DIVISION 2. ADMINISTRATION AND MANAGEMENT
26 TAC §§550.301, 550.303 – 550.306, 550.308 – 550.311
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §§550.1, 550.5, 550.101 – 550.106, 550.108 – 550.115, 550.118 – 550.123, 550.202, 550.203, 550.205 – 550.207, 550.210, 550.211, 550.301, 550.303 – 550.306, 550.308 – 550.311, 550.402 – 550.406, 550.409 – 550.411, 550.413, 550.415, 550.417, 550.418, 550.504, 550.506 – 550.508, 550.510, 550.511, 550.601 – 550.608, 550.701, 550.703, 550.705, 550.707, 550.802, 550.803, 550.901 – 550.906, 550.1001 – 550.1003, 550.1101, 550.1102, 550.1202 – 550.1204, 550.1206, 550.1207, 550.1211, 550.1215, 550.1217 – 550.1220, 550.1222, 550.1224, 550.1301 – 550.1305, and 550.1401 – 550.1408.
The amendments to §§550.1, 550.5, 550.101 – 550.106, 550.108 – 550.115, 550.118 – 550.123, 550.202, 550.203, 550.205 – 550.207, 550.210, 550.211, 550.301, 550.303 – 550.306, 550.308 – 550.311, 550.402 – 550.406, 550.409 – 550.411, 550.413, 550.415, 550.417, 550.418, 550.504, 550.506 – 550.508, 550.510, 550.511, 550.601 – 550.608, 550.701, 550.703, 550.705, 550.707, 550.802, 550.803, 550.901 – 550.906, 550.1001 – 550.1003, 550.1101, 550.1102, 550.1202 – 550.1204, 550.1206, 550.1207, 550.1211, 550.1215, 550.1217 – 550.1220, 550.1222, 550.1224, 550.1301 – 550.1305, and 550.1401 – 550.1408 are adopted without changes to the proposed text as published in the June 14, 2024, issue of the Texas Register (49 TexReg 4357). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The amendments are necessary to comply with House Bill (H.B.) 1009 and H.B. 3550 from the 88th Legislature, Regular Session, 2023, that apply to Prescribed Pediatric Extended Care Centers (PPECC). H.B. 1009 requires a facility to suspend an employee who has been found by HHSC to have engaged in reportable conduct for purposes of inclusion on the Employee Misconduct Registry during any appeals. H.B. 3550 establishes minimum standards for transportation services whereby a center coordinates the schedule of transportation services with a minor’s parent, guardian, or other legally authorized representative; determines what type of provider needs to be present during transportation; and permits a minor’s parent, guardian, or other legally authorized representative to decline a center’s transportation services entirely or only on a specific date. The rules also set forth that a center may not require a plan of care or physician’s order to document a minor’s need for transportation services to access PPECC services or consider transportation services as nursing services in a minor’s plan of care. The amendments also update terminology and references throughout the chapter and reflect current processes.
Adopting 26 TAC §§550.402 – 550.406, 550.409 – 550.411, 550.413, 550.415, 550.417, 550.418, to correct terms and grammatical errors.
CHAPTER 550. LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS
DIVISION 3. NURSING AND STAFFING REQUIREMENTS
26 TAC §§550.402 – 550.406, 550.409 – 550.411, 550.413, 550.415, 550.417, 550.418
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §§550.1, 550.5, 550.101 – 550.106, 550.108 – 550.115, 550.118 – 550.123, 550.202, 550.203, 550.205 – 550.207, 550.210, 550.211, 550.301, 550.303 – 550.306, 550.308 – 550.311, 550.402 – 550.406, 550.409 – 550.411, 550.413, 550.415, 550.417, 550.418, 550.504, 550.506 – 550.508, 550.510, 550.511, 550.601 – 550.608, 550.701, 550.703, 550.705, 550.707, 550.802, 550.803, 550.901 – 550.906, 550.1001 – 550.1003, 550.1101, 550.1102, 550.1202 – 550.1204, 550.1206, 550.1207, 550.1211, 550.1215, 550.1217 – 550.1220, 550.1222, 550.1224, 550.1301 – 550.1305, and 550.1401 – 550.1408.
The amendments to §§550.1, 550.5, 550.101 – 550.106, 550.108 – 550.115, 550.118 – 550.123, 550.202, 550.203, 550.205 – 550.207, 550.210, 550.211, 550.301, 550.303 – 550.306, 550.308 – 550.311, 550.402 – 550.406, 550.409 – 550.411, 550.413, 550.415, 550.417, 550.418, 550.504, 550.506 – 550.508, 550.510, 550.511, 550.601 – 550.608, 550.701, 550.703, 550.705, 550.707, 550.802, 550.803, 550.901 – 550.906, 550.1001 – 550.1003, 550.1101, 550.1102, 550.1202 – 550.1204, 550.1206, 550.1207, 550.1211, 550.1215, 550.1217 – 550.1220, 550.1222, 550.1224, 550.1301 – 550.1305, and 550.1401 – 550.1408 are adopted without changes to the proposed text as published in the June 14, 2024, issue of the Texas Register (49 TexReg 4357). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The amendments are necessary to comply with House Bill (H.B.) 1009 and H.B. 3550 from the 88th Legislature, Regular Session, 2023, that apply to Prescribed Pediatric Extended Care Centers (PPECC). H.B. 1009 requires a facility to suspend an employee who has been found by HHSC to have engaged in reportable conduct for purposes of inclusion on the Employee Misconduct Registry during any appeals. H.B. 3550 establishes minimum standards for transportation services whereby a center coordinates the schedule of transportation services with a minor’s parent, guardian, or other legally authorized representative; determines what type of provider needs to be present during transportation; and permits a minor’s parent, guardian, or other legally authorized representative to decline a center’s transportation services entirely or only on a specific date. The rules also set forth that a center may not require a plan of care or physician’s order to document a minor’s need for transportation services to access PPECC services or consider transportation services as nursing services in a minor’s plan of care. The amendments also update terminology and references throughout the chapter and reflect current processes.
Adopting 26 TAC §§550.504, 550.506 – 550.508, 550.510, 550.511, to update outdated references.
CHAPTER 550. LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS
DIVISION 4. GENERAL SERVICES
26 TAC §§550.504, 550.506 – 550.508, 550.510, 550.511
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §§550.1, 550.5, 550.101 – 550.106, 550.108 – 550.115, 550.118 – 550.123, 550.202, 550.203, 550.205 – 550.207, 550.210, 550.211, 550.301, 550.303 – 550.306, 550.308 – 550.311, 550.402 – 550.406, 550.409 – 550.411, 550.413, 550.415, 550.417, 550.418, 550.504, 550.506 – 550.508, 550.510, 550.511, 550.601 – 550.608, 550.701, 550.703, 550.705, 550.707, 550.802, 550.803, 550.901 – 550.906, 550.1001 – 550.1003, 550.1101, 550.1102, 550.1202 – 550.1204, 550.1206, 550.1207, 550.1211, 550.1215, 550.1217 – 550.1220, 550.1222, 550.1224, 550.1301 – 550.1305, and 550.1401 – 550.1408.
The amendments to §§550.1, 550.5, 550.101 – 550.106, 550.108 – 550.115, 550.118 – 550.123, 550.202, 550.203, 550.205 – 550.207, 550.210, 550.211, 550.301, 550.303 – 550.306, 550.308 – 550.311, 550.402 – 550.406, 550.409 – 550.411, 550.413, 550.415, 550.417, 550.418, 550.504, 550.506 – 550.508, 550.510, 550.511, 550.601 – 550.608, 550.701, 550.703, 550.705, 550.707, 550.802, 550.803, 550.901 – 550.906, 550.1001 – 550.1003, 550.1101, 550.1102, 550.1202 – 550.1204, 550.1206, 550.1207, 550.1211, 550.1215, 550.1217 – 550.1220, 550.1222, 550.1224, 550.1301 – 550.1305, and 550.1401 – 550.1408 are adopted without changes to the proposed text as published in the June 14, 2024, issue of the Texas Register (49 TexReg 4357). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The amendments are necessary to comply with House Bill (H.B.) 1009 and H.B. 3550 from the 88th Legislature, Regular Session, 2023, that apply to Prescribed Pediatric Extended Care Centers (PPECC). H.B. 1009 requires a facility to suspend an employee who has been found by HHSC to have engaged in reportable conduct for purposes of inclusion on the Employee Misconduct Registry during any appeals. H.B. 3550 establishes minimum standards for transportation services whereby a center coordinates the schedule of transportation services with a minor’s parent, guardian, or other legally authorized representative; determines what type of provider needs to be present during transportation; and permits a minor’s parent, guardian, or other legally authorized representative to decline a center’s transportation services entirely or only on a specific date. The rules also set forth that a center may not require a plan of care or physician’s order to document a minor’s need for transportation services to access PPECC services or consider transportation services as nursing services in a minor’s plan of care. The amendments also update terminology and references throughout the chapter and reflect current processes.
Adopting 26 TAC §§550.601 – 550.608, to update outdated references, add language for clarity, and correct grammatical errors.
CHAPTER 550. LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS
DIVISION 5. ADMISSION CRITERIA, CONFERENCE, ASSESSMENT, INTERDISCIPLINARY PLAN OF CARE, AND DISCHARGE OR TRANSFER
26 TAC §§550.601 – 550.608
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §§550.1, 550.5, 550.101 – 550.106, 550.108 – 550.115, 550.118 – 550.123, 550.202, 550.203, 550.205 – 550.207, 550.210, 550.211, 550.301, 550.303 – 550.306, 550.308 – 550.311, 550.402 – 550.406, 550.409 – 550.411, 550.413, 550.415, 550.417, 550.418, 550.504, 550.506 – 550.508, 550.510, 550.511, 550.601 – 550.608, 550.701, 550.703, 550.705, 550.707, 550.802, 550.803, 550.901 – 550.906, 550.1001 – 550.1003, 550.1101, 550.1102, 550.1202 – 550.1204, 550.1206, 550.1207, 550.1211, 550.1215, 550.1217 – 550.1220, 550.1222, 550.1224, 550.1301 – 550.1305, and 550.1401 – 550.1408.
The amendments to §§550.1, 550.5, 550.101 – 550.106, 550.108 – 550.115, 550.118 – 550.123, 550.202, 550.203, 550.205 – 550.207, 550.210, 550.211, 550.301, 550.303 – 550.306, 550.308 – 550.311, 550.402 – 550.406, 550.409 – 550.411, 550.413, 550.415, 550.417, 550.418, 550.504, 550.506 – 550.508, 550.510, 550.511, 550.601 – 550.608, 550.701, 550.703, 550.705, 550.707, 550.802, 550.803, 550.901 – 550.906, 550.1001 – 550.1003, 550.1101, 550.1102, 550.1202 – 550.1204, 550.1206, 550.1207, 550.1211, 550.1215, 550.1217 – 550.1220, 550.1222, 550.1224, 550.1301 – 550.1305, and 550.1401 – 550.1408 are adopted without changes to the proposed text as published in the June 14, 2024, issue of the Texas Register (49 TexReg 4357). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The amendments are necessary to comply with House Bill (H.B.) 1009 and H.B. 3550 from the 88th Legislature, Regular Session, 2023, that apply to Prescribed Pediatric Extended Care Centers (PPECC). H.B. 1009 requires a facility to suspend an employee who has been found by HHSC to have engaged in reportable conduct for purposes of inclusion on the Employee Misconduct Registry during any appeals. H.B. 3550 establishes minimum standards for transportation services whereby a center coordinates the schedule of transportation services with a minor’s parent, guardian, or other legally authorized representative; determines what type of provider needs to be present during transportation; and permits a minor’s parent, guardian, or other legally authorized representative to decline a center’s transportation services entirely or only on a specific date. The rules also set forth that a center may not require a plan of care or physician’s order to document a minor’s need for transportation services to access PPECC services or consider transportation services as nursing services in a minor’s plan of care. The amendments also update terminology and references throughout the chapter and reflect current processes.
Adopting 26 TAC §§550.701, 550.703, 550.705, 550.707, to correct grammatical errors, update outdated references, and add language for clarity.
CHAPTER 550. LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS
DIVISION 6. PHYSICIAN, PHARMACY, MEDICATION, AND LABORATORY SERVICES
26 TAC §§550.701, 550.703, 550.705, 550.707
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §§550.1, 550.5, 550.101 – 550.106, 550.108 – 550.115, 550.118 – 550.123, 550.202, 550.203, 550.205 – 550.207, 550.210, 550.211, 550.301, 550.303 – 550.306, 550.308 – 550.311, 550.402 – 550.406, 550.409 – 550.411, 550.413, 550.415, 550.417, 550.418, 550.504, 550.506 – 550.508, 550.510, 550.511, 550.601 – 550.608, 550.701, 550.703, 550.705, 550.707, 550.802, 550.803, 550.901 – 550.906, 550.1001 – 550.1003, 550.1101, 550.1102, 550.1202 – 550.1204, 550.1206, 550.1207, 550.1211, 550.1215, 550.1217 – 550.1220, 550.1222, 550.1224, 550.1301 – 550.1305, and 550.1401 – 550.1408.
The amendments to §§550.1, 550.5, 550.101 – 550.106, 550.108 – 550.115, 550.118 – 550.123, 550.202, 550.203, 550.205 – 550.207, 550.210, 550.211, 550.301, 550.303 – 550.306, 550.308 – 550.311, 550.402 – 550.406, 550.409 – 550.411, 550.413, 550.415, 550.417, 550.418, 550.504, 550.506 – 550.508, 550.510, 550.511, 550.601 – 550.608, 550.701, 550.703, 550.705, 550.707, 550.802, 550.803, 550.901 – 550.906, 550.1001 – 550.1003, 550.1101, 550.1102, 550.1202 – 550.1204, 550.1206, 550.1207, 550.1211, 550.1215, 550.1217 – 550.1220, 550.1222, 550.1224, 550.1301 – 550.1305, and 550.1401 – 550.1408 are adopted without changes to the proposed text as published in the June 14, 2024, issue of the Texas Register (49 TexReg 4357). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The amendments are necessary to comply with House Bill (H.B.) 1009 and H.B. 3550 from the 88th Legislature, Regular Session, 2023, that apply to Prescribed Pediatric Extended Care Centers (PPECC). H.B. 1009 requires a facility to suspend an employee who has been found by HHSC to have engaged in reportable conduct for purposes of inclusion on the Employee Misconduct Registry during any appeals. H.B. 3550 establishes minimum standards for transportation services whereby a center coordinates the schedule of transportation services with a minor’s parent, guardian, or other legally authorized representative; determines what type of provider needs to be present during transportation; and permits a minor’s parent, guardian, or other legally authorized representative to decline a center’s transportation services entirely or only on a specific date. The rules also set forth that a center may not require a plan of care or physician’s order to document a minor’s need for transportation services to access PPECC services or consider transportation services as nursing services in a minor’s plan of care. The amendments also update terminology and references throughout the chapter and reflect current processes.
Adopting 26 TAC §550.802, §550.803, to update wording for active voice and update outdated references to DADS.
CHAPTER 550. LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS
DIVISION 7. CARE POLICIES, COORDINATION OF SERVICES, AND CENSUS
26 TAC §550.802, §550.803
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §§550.1, 550.5, 550.101 – 550.106, 550.108 – 550.115, 550.118 – 550.123, 550.202, 550.203, 550.205 – 550.207, 550.210, 550.211, 550.301, 550.303 – 550.306, 550.308 – 550.311, 550.402 – 550.406, 550.409 – 550.411, 550.413, 550.415, 550.417, 550.418, 550.504, 550.506 – 550.508, 550.510, 550.511, 550.601 – 550.608, 550.701, 550.703, 550.705, 550.707, 550.802, 550.803, 550.901 – 550.906, 550.1001 – 550.1003, 550.1101, 550.1102, 550.1202 – 550.1204, 550.1206, 550.1207, 550.1211, 550.1215, 550.1217 – 550.1220, 550.1222, 550.1224, 550.1301 – 550.1305, and 550.1401 – 550.1408.
The amendments to §§550.1, 550.5, 550.101 – 550.106, 550.108 – 550.115, 550.118 – 550.123, 550.202, 550.203, 550.205 – 550.207, 550.210, 550.211, 550.301, 550.303 – 550.306, 550.308 – 550.311, 550.402 – 550.406, 550.409 – 550.411, 550.413, 550.415, 550.417, 550.418, 550.504, 550.506 – 550.508, 550.510, 550.511, 550.601 – 550.608, 550.701, 550.703, 550.705, 550.707, 550.802, 550.803, 550.901 – 550.906, 550.1001 – 550.1003, 550.1101, 550.1102, 550.1202 – 550.1204, 550.1206, 550.1207, 550.1211, 550.1215, 550.1217 – 550.1220, 550.1222, 550.1224, 550.1301 – 550.1305, and 550.1401 – 550.1408 are adopted without changes to the proposed text as published in the June 14, 2024, issue of the Texas Register (49 TexReg 4357). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The amendments are necessary to comply with House Bill (H.B.) 1009 and H.B. 3550 from the 88th Legislature, Regular Session, 2023, that apply to Prescribed Pediatric Extended Care Centers (PPECC). H.B. 1009 requires a facility to suspend an employee who has been found by HHSC to have engaged in reportable conduct for purposes of inclusion on the Employee Misconduct Registry during any appeals. H.B. 3550 establishes minimum standards for transportation services whereby a center coordinates the schedule of transportation services with a minor’s parent, guardian, or other legally authorized representative; determines what type of provider needs to be present during transportation; and permits a minor’s parent, guardian, or other legally authorized representative to decline a center’s transportation services entirely or only on a specific date. The rules also set forth that a center may not require a plan of care or physician’s order to document a minor’s need for transportation services to access PPECC services or consider transportation services as nursing services in a minor’s plan of care. The amendments also update terminology and references throughout the chapter and reflect current processes.
Adopting 26 TAC §§550.901 – 550.906, to update outdated references, update processes, and correct grammatical mistakes.
CHAPTER 550. LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS
DIVISION 8. RIGHTS AND RESPONSIBILITIES, ADVANCE DIRECTIVES, ABUSE, NEGLECT, AND EXPLOITATION, INVESTIGATIONS, DEATH REPORTING, AND INSPECTION RESULTS
26 TAC §§550.901 – 550.906
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §§550.1, 550.5, 550.101 – 550.106, 550.108 – 550.115, 550.118 – 550.123, 550.202, 550.203, 550.205 – 550.207, 550.210, 550.211, 550.301, 550.303 – 550.306, 550.308 – 550.311, 550.402 – 550.406, 550.409 – 550.411, 550.413, 550.415, 550.417, 550.418, 550.504, 550.506 – 550.508, 550.510, 550.511, 550.601 – 550.608, 550.701, 550.703, 550.705, 550.707, 550.802, 550.803, 550.901 – 550.906, 550.1001 – 550.1003, 550.1101, 550.1102, 550.1202 – 550.1204, 550.1206, 550.1207, 550.1211, 550.1215, 550.1217 – 550.1220, 550.1222, 550.1224, 550.1301 – 550.1305, and 550.1401 – 550.1408.
The amendments to §§550.1, 550.5, 550.101 – 550.106, 550.108 – 550.115, 550.118 – 550.123, 550.202, 550.203, 550.205 – 550.207, 550.210, 550.211, 550.301, 550.303 – 550.306, 550.308 – 550.311, 550.402 – 550.406, 550.409 – 550.411, 550.413, 550.415, 550.417, 550.418, 550.504, 550.506 – 550.508, 550.510, 550.511, 550.601 – 550.608, 550.701, 550.703, 550.705, 550.707, 550.802, 550.803, 550.901 – 550.906, 550.1001 – 550.1003, 550.1101, 550.1102, 550.1202 – 550.1204, 550.1206, 550.1207, 550.1211, 550.1215, 550.1217 – 550.1220, 550.1222, 550.1224, 550.1301 – 550.1305, and 550.1401 – 550.1408 are adopted without changes to the proposed text as published in the June 14, 2024, issue of the Texas Register (49 TexReg 4357). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The amendments are necessary to comply with House Bill (H.B.) 1009 and H.B. 3550 from the 88th Legislature, Regular Session, 2023, that apply to Prescribed Pediatric Extended Care Centers (PPECC). H.B. 1009 requires a facility to suspend an employee who has been found by HHSC to have engaged in reportable conduct for purposes of inclusion on the Employee Misconduct Registry during any appeals. H.B. 3550 establishes minimum standards for transportation services whereby a center coordinates the schedule of transportation services with a minor’s parent, guardian, or other legally authorized representative; determines what type of provider needs to be present during transportation; and permits a minor’s parent, guardian, or other legally authorized representative to decline a center’s transportation services entirely or only on a specific date. The rules also set forth that a center may not require a plan of care or physician’s order to document a minor’s need for transportation services to access PPECC services or consider transportation services as nursing services in a minor’s plan of care. The amendments also update terminology and references throughout the chapter and reflect current processes.
Adopting 26 TAC §§550.1001 – 550.1003, to update outdated references, correct grammatical errors, and reword language for clarity.
CHAPTER 550. LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS
DIVISION 9. MEDICAL RECORDS, QUALITY ASSESSMENT AND PERFORMANCE IMPROVEMENT, DISSOLUTION AND RETENTION OF RECORDS
26 TAC §§550.1001 – 550.1003
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §§550.1, 550.5, 550.101 – 550.106, 550.108 – 550.115, 550.118 – 550.123, 550.202, 550.203, 550.205 – 550.207, 550.210, 550.211, 550.301, 550.303 – 550.306, 550.308 – 550.311, 550.402 – 550.406, 550.409 – 550.411, 550.413, 550.415, 550.417, 550.418, 550.504, 550.506 – 550.508, 550.510, 550.511, 550.601 – 550.608, 550.701, 550.703, 550.705, 550.707, 550.802, 550.803, 550.901 – 550.906, 550.1001 – 550.1003, 550.1101, 550.1102, 550.1202 – 550.1204, 550.1206, 550.1207, 550.1211, 550.1215, 550.1217 – 550.1220, 550.1222, 550.1224, 550.1301 – 550.1305, and 550.1401 – 550.1408.
The amendments to §§550.1, 550.5, 550.101 – 550.106, 550.108 – 550.115, 550.118 – 550.123, 550.202, 550.203, 550.205 – 550.207, 550.210, 550.211, 550.301, 550.303 – 550.306, 550.308 – 550.311, 550.402 – 550.406, 550.409 – 550.411, 550.413, 550.415, 550.417, 550.418, 550.504, 550.506 – 550.508, 550.510, 550.511, 550.601 – 550.608, 550.701, 550.703, 550.705, 550.707, 550.802, 550.803, 550.901 – 550.906, 550.1001 – 550.1003, 550.1101, 550.1102, 550.1202 – 550.1204, 550.1206, 550.1207, 550.1211, 550.1215, 550.1217 – 550.1220, 550.1222, 550.1224, 550.1301 – 550.1305, and 550.1401 – 550.1408 are adopted without changes to the proposed text as published in the June 14, 2024, issue of the Texas Register (49 TexReg 4357). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The amendments are necessary to comply with House Bill (H.B.) 1009 and H.B. 3550 from the 88th Legislature, Regular Session, 2023, that apply to Prescribed Pediatric Extended Care Centers (PPECC). H.B. 1009 requires a facility to suspend an employee who has been found by HHSC to have engaged in reportable conduct for purposes of inclusion on the Employee Misconduct Registry during any appeals. H.B. 3550 establishes minimum standards for transportation services whereby a center coordinates the schedule of transportation services with a minor’s parent, guardian, or other legally authorized representative; determines what type of provider needs to be present during transportation; and permits a minor’s parent, guardian, or other legally authorized representative to decline a center’s transportation services entirely or only on a specific date. The rules also set forth that a center may not require a plan of care or physician’s order to document a minor’s need for transportation services to access PPECC services or consider transportation services as nursing services in a minor’s plan of care. The amendments also update terminology and references throughout the chapter and reflect current processes.
Adopting 26 TAC §550.1101, §550.1102, to clarify which staff may accompany minors during transportation and how that is determined.
CHAPTER 550. LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS
SUBCHAPTER D. TRANSPORTATION
26 TAC §550.1101, §550.1102
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §§550.1, 550.5, 550.101 – 550.106, 550.108 – 550.115, 550.118 – 550.123, 550.202, 550.203, 550.205 – 550.207, 550.210, 550.211, 550.301, 550.303 – 550.306, 550.308 – 550.311, 550.402 – 550.406, 550.409 – 550.411, 550.413, 550.415, 550.417, 550.418, 550.504, 550.506 – 550.508, 550.510, 550.511, 550.601 – 550.608, 550.701, 550.703, 550.705, 550.707, 550.802, 550.803, 550.901 – 550.906, 550.1001 – 550.1003, 550.1101, 550.1102, 550.1202 – 550.1204, 550.1206, 550.1207, 550.1211, 550.1215, 550.1217 – 550.1220, 550.1222, 550.1224, 550.1301 – 550.1305, and 550.1401 – 550.1408.
The amendments to §§550.1, 550.5, 550.101 – 550.106, 550.108 – 550.115, 550.118 – 550.123, 550.202, 550.203, 550.205 – 550.207, 550.210, 550.211, 550.301, 550.303 – 550.306, 550.308 – 550.311, 550.402 – 550.406, 550.409 – 550.411, 550.413, 550.415, 550.417, 550.418, 550.504, 550.506 – 550.508, 550.510, 550.511, 550.601 – 550.608, 550.701, 550.703, 550.705, 550.707, 550.802, 550.803, 550.901 – 550.906, 550.1001 – 550.1003, 550.1101, 550.1102, 550.1202 – 550.1204, 550.1206, 550.1207, 550.1211, 550.1215, 550.1217 – 550.1220, 550.1222, 550.1224, 550.1301 – 550.1305, and 550.1401 – 550.1408 are adopted without changes to the proposed text as published in the June 14, 2024, issue of the Texas Register (49 TexReg 4357). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The amendments are necessary to comply with House Bill (H.B.) 1009 and H.B. 3550 from the 88th Legislature, Regular Session, 2023, that apply to Prescribed Pediatric Extended Care Centers (PPECC). H.B. 1009 requires a facility to suspend an employee who has been found by HHSC to have engaged in reportable conduct for purposes of inclusion on the Employee Misconduct Registry during any appeals. H.B. 3550 establishes minimum standards for transportation services whereby a center coordinates the schedule of transportation services with a minor’s parent, guardian, or other legally authorized representative; determines what type of provider needs to be present during transportation; and permits a minor’s parent, guardian, or other legally authorized representative to decline a center’s transportation services entirely or only on a specific date. The rules also set forth that a center may not require a plan of care or physician’s order to document a minor’s need for transportation services to access PPECC services or consider transportation services as nursing services in a minor’s plan of care. The amendments also update terminology and references throughout the chapter and reflect current processes.
Adopting 26 TAC §§550.1202 – 550.1204, 550.1206, 550.1207, 550.1211, 550.1215, 550.1217 – 550.1220, 550.1222, 550.1224, to update outdated references to DADS, reword language for clarity, and correct grammatical errors.
CHAPTER 550. LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS
SUBCHAPTER E. BUILDING REQUIREMENTS
26 TAC §§550.1202 – 550.1204, 550.1206, 550.1207, 550.1211, 550.1215, 550.1217 – 550.1220, 550.1222, 550.1224
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §§550.1, 550.5, 550.101 – 550.106, 550.108 – 550.115, 550.118 – 550.123, 550.202, 550.203, 550.205 – 550.207, 550.210, 550.211, 550.301, 550.303 – 550.306, 550.308 – 550.311, 550.402 – 550.406, 550.409 – 550.411, 550.413, 550.415, 550.417, 550.418, 550.504, 550.506 – 550.508, 550.510, 550.511, 550.601 – 550.608, 550.701, 550.703, 550.705, 550.707, 550.802, 550.803, 550.901 – 550.906, 550.1001 – 550.1003, 550.1101, 550.1102, 550.1202 – 550.1204, 550.1206, 550.1207, 550.1211, 550.1215, 550.1217 – 550.1220, 550.1222, 550.1224, 550.1301 – 550.1305, and 550.1401 – 550.1408.
The amendments to §§550.1, 550.5, 550.101 – 550.106, 550.108 – 550.115, 550.118 – 550.123, 550.202, 550.203, 550.205 – 550.207, 550.210, 550.211, 550.301, 550.303 – 550.306, 550.308 – 550.311, 550.402 – 550.406, 550.409 – 550.411, 550.413, 550.415, 550.417, 550.418, 550.504, 550.506 – 550.508, 550.510, 550.511, 550.601 – 550.608, 550.701, 550.703, 550.705, 550.707, 550.802, 550.803, 550.901 – 550.906, 550.1001 – 550.1003, 550.1101, 550.1102, 550.1202 – 550.1204, 550.1206, 550.1207, 550.1211, 550.1215, 550.1217 – 550.1220, 550.1222, 550.1224, 550.1301 – 550.1305, and 550.1401 – 550.1408 are adopted without changes to the proposed text as published in the June 14, 2024, issue of the Texas Register (49 TexReg 4357). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The amendments are necessary to comply with House Bill (H.B.) 1009 and H.B. 3550 from the 88th Legislature, Regular Session, 2023, that apply to Prescribed Pediatric Extended Care Centers (PPECC). H.B. 1009 requires a facility to suspend an employee who has been found by HHSC to have engaged in reportable conduct for purposes of inclusion on the Employee Misconduct Registry during any appeals. H.B. 3550 establishes minimum standards for transportation services whereby a center coordinates the schedule of transportation services with a minor’s parent, guardian, or other legally authorized representative; determines what type of provider needs to be present during transportation; and permits a minor’s parent, guardian, or other legally authorized representative to decline a center’s transportation services entirely or only on a specific date. The rules also set forth that a center may not require a plan of care or physician’s order to document a minor’s need for transportation services to access PPECC services or consider transportation services as nursing services in a minor’s plan of care. The amendments also update terminology and references throughout the chapter and reflect current processes.
Adopting 26 TAC §§550.1301 – 550.1305, to update outdated references to DADS.
CHAPTER 550. LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS
SUBCHAPTER F. INSPECTIONS AND VISITS
26 TAC §§550.1301 – 550.1305
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §§550.1, 550.5, 550.101 – 550.106, 550.108 – 550.115, 550.118 – 550.123, 550.202, 550.203, 550.205 – 550.207, 550.210, 550.211, 550.301, 550.303 – 550.306, 550.308 – 550.311, 550.402 – 550.406, 550.409 – 550.411, 550.413, 550.415, 550.417, 550.418, 550.504, 550.506 – 550.508, 550.510, 550.511, 550.601 – 550.608, 550.701, 550.703, 550.705, 550.707, 550.802, 550.803, 550.901 – 550.906, 550.1001 – 550.1003, 550.1101, 550.1102, 550.1202 – 550.1204, 550.1206, 550.1207, 550.1211, 550.1215, 550.1217 – 550.1220, 550.1222, 550.1224, 550.1301 – 550.1305, and 550.1401 – 550.1408.
The amendments to §§550.1, 550.5, 550.101 – 550.106, 550.108 – 550.115, 550.118 – 550.123, 550.202, 550.203, 550.205 – 550.207, 550.210, 550.211, 550.301, 550.303 – 550.306, 550.308 – 550.311, 550.402 – 550.406, 550.409 – 550.411, 550.413, 550.415, 550.417, 550.418, 550.504, 550.506 – 550.508, 550.510, 550.511, 550.601 – 550.608, 550.701, 550.703, 550.705, 550.707, 550.802, 550.803, 550.901 – 550.906, 550.1001 – 550.1003, 550.1101, 550.1102, 550.1202 – 550.1204, 550.1206, 550.1207, 550.1211, 550.1215, 550.1217 – 550.1220, 550.1222, 550.1224, 550.1301 – 550.1305, and 550.1401 – 550.1408 are adopted without changes to the proposed text as published in the June 14, 2024, issue of the Texas Register (49 TexReg 4357). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The amendments are necessary to comply with House Bill (H.B.) 1009 and H.B. 3550 from the 88th Legislature, Regular Session, 2023, that apply to Prescribed Pediatric Extended Care Centers (PPECC). H.B. 1009 requires a facility to suspend an employee who has been found by HHSC to have engaged in reportable conduct for purposes of inclusion on the Employee Misconduct Registry during any appeals. H.B. 3550 establishes minimum standards for transportation services whereby a center coordinates the schedule of transportation services with a minor’s parent, guardian, or other legally authorized representative; determines what type of provider needs to be present during transportation; and permits a minor’s parent, guardian, or other legally authorized representative to decline a center’s transportation services entirely or only on a specific date. The rules also set forth that a center may not require a plan of care or physician’s order to document a minor’s need for transportation services to access PPECC services or consider transportation services as nursing services in a minor’s plan of care. The amendments also update terminology and references throughout the chapter and reflect current processes.
Adopting 26 TAC §§550.1401 – 550.1408, to update outdated references to DADS and correct grammatical errors.
CHAPTER 550. LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS
SUBCHAPTER G. ENFORCEMENT
26 TAC §§550.1401 – 550.1408
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §§550.1, 550.5, 550.101 – 550.106, 550.108 – 550.115, 550.118 – 550.123, 550.202, 550.203, 550.205 – 550.207, 550.210, 550.211, 550.301, 550.303 – 550.306, 550.308 – 550.311, 550.402 – 550.406, 550.409 – 550.411, 550.413, 550.415, 550.417, 550.418, 550.504, 550.506 – 550.508, 550.510, 550.511, 550.601 – 550.608, 550.701, 550.703, 550.705, 550.707, 550.802, 550.803, 550.901 – 550.906, 550.1001 – 550.1003, 550.1101, 550.1102, 550.1202 – 550.1204, 550.1206, 550.1207, 550.1211, 550.1215, 550.1217 – 550.1220, 550.1222, 550.1224, 550.1301 – 550.1305, and 550.1401 – 550.1408.
The amendments to §§550.1, 550.5, 550.101 – 550.106, 550.108 – 550.115, 550.118 – 550.123, 550.202, 550.203, 550.205 – 550.207, 550.210, 550.211, 550.301, 550.303 – 550.306, 550.308 – 550.311, 550.402 – 550.406, 550.409 – 550.411, 550.413, 550.415, 550.417, 550.418, 550.504, 550.506 – 550.508, 550.510, 550.511, 550.601 – 550.608, 550.701, 550.703, 550.705, 550.707, 550.802, 550.803, 550.901 – 550.906, 550.1001 – 550.1003, 550.1101, 550.1102, 550.1202 – 550.1204, 550.1206, 550.1207, 550.1211, 550.1215, 550.1217 – 550.1220, 550.1222, 550.1224, 550.1301 – 550.1305, and 550.1401 – 550.1408 are adopted without changes to the proposed text as published in the June 14, 2024, issue of the Texas Register (49 TexReg 4357). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The amendments are necessary to comply with House Bill (H.B.) 1009 and H.B. 3550 from the 88th Legislature, Regular Session, 2023, that apply to Prescribed Pediatric Extended Care Centers (PPECC). H.B. 1009 requires a facility to suspend an employee who has been found by HHSC to have engaged in reportable conduct for purposes of inclusion on the Employee Misconduct Registry during any appeals. H.B. 3550 establishes minimum standards for transportation services whereby a center coordinates the schedule of transportation services with a minor’s parent, guardian, or other legally authorized representative; determines what type of provider needs to be present during transportation; and permits a minor’s parent, guardian, or other legally authorized representative to decline a center’s transportation services entirely or only on a specific date. The rules also set forth that a center may not require a plan of care or physician’s order to document a minor’s need for transportation services to access PPECC services or consider transportation services as nursing services in a minor’s plan of care. The amendments also update terminology and references throughout the chapter and reflect current processes.
Proposed Rule Reviews Re:
Reviewing Title 26, Part 1, to consider for readoption, revision, or repeal of the chapter concerning Minimum Standards for Listed Family Homes.
The Texas Health and Human Services Commission (HHSC) proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 26, Part 1, of the Texas Administrative Code (TAC):
Chapter 742, Minimum Standards for Listed Family Homes
Adopted Rule Reviews Re:
Adopting Title 1, Part 15, concerning Medicaid Buy-In Program for Children.
The Texas Health and Human Services Commission (HHSC) adopts the review of the chapter below in Title 1, Part 15, of the Texas Administrative Code (TAC):
Chapter 361, Medicaid Buy-In Program for Children
Adopting Title 26, Part 1, concerning Contracting for Community Services.
The Texas Health and Human Services Commission (HHSC) adopts the review of the chapter below in Title 26, Part 1, of the Texas Administrative Code (TAC):
Chapter 52, Contracting for Community Services
In Addition Re:
Public Notice: Amendment to the Texas State Plan for CMS Measures Reporting
The Texas Health and Human Services Commission (HHSC) announces its intent to submit transmittal number 24-0032 to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The proposed effective date of the amendment is December 31, 2024.
Public Notice: Texas State Plan for Medical Assistance Amendment
The Texas Health and Human Services Commission (HHSC) announces its intent to submit amendments to the Texas State Plan for Medical Assistance under Title XIX of the Social Security Act.