Texas Register, Volume 37, Number 30, Pages 5519-5676, July 27, 2012 Page: 5,544
5519-5676 p. ; 28 cm.View a full description of this periodical.
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(iv) Recusal Statement;
(v) Introductions/Appearances on the Record;
(vi) Opening Statements by Board Staff and Re-
spondent;
(vii) Presentation of evidence by Board Staff;
(viii) Presentation of evidence on behalf of Respon-
dent;
(ix) Rebuttal by Board Staff and Respondent;
(x) Closing Arguments;
(I) Argument by Board Staff;
(II) Argument by Respondent;
(III) Final Argument by Board Staff;
(xi) Deliberations;
(xii) Announcement of Decision;
(xiii) Adjournment.
(C) A board attorney shall be designated as Counsel to
the Panel and shall be present during the hearing and deliberations by
the panel and shall advise the panel on all legal issues that arise dur-
ing the hearing including objections to evidence and other evidentiary
matters. The Counsel to the Panel shall be permitted to ask questions
of witnesses, the board staff, the attorney for the licensee and other par-
ticipants in the hearing.
(5) Evidence.
(A) In accordance with the Administrative Procedure
Act (APA), 2001.081, the determination of the disciplinary panel may
be based not only on evidence admissible under the Texas Rules of Evi-
dence, but may be based on information of a type on which a reasonably
prudent person commonly relies in the conduct of the person's affairs,
necessary to ascertain facts not reasonably susceptive of proof under
those rules, and not precluded by statute.
(B) Questioning of witnesses shall be permitted with
due consideration being given to the need to obtain accurate informa-
tion and prevent the harassment or undue embarrassment of witnesses.
(C) In receiving information on which to base its de-
termination, the panel may accept the testimony of witnesses by tele-
phone.
(D) Material to be presented by the individual at the
cease and desist hearing must be filed with the board at least 10 cal-
endar days prior to the date of the scheduled hearing.
(E) Documentary evidence must be submitted in elec-
tronic format in all cases where the Respondent has been provided no-
tice that a panel member will be appearing by phone.
(4) If the panel determines that the individual has practiced
medicine without a 1lense the panel shall diret the Executive Deireer
to issue a tease and dist .Erad...e . imediatl in .e..ae....
(f) [(g)] If after the issuance of a cease and desist order the
individual wishes to appeal the entry of the order, the individual may
file a petition at the Travis County District Court.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.Filed with the Office of the Secretary of State on July 16, 2012.
TRD-201203626
Mari Robinson, J.D.
Executive Director
Texas Medical Board
Earliest possible date of adoption: August 26, 2012
For further information, please call: (512) 305-7016
CHAPTER 189. COMPLIANCE PROGRAM
22 TAC 189.1 - 189.3, 189.5 - 189.9, 189.11
The Texas Medical Board (Board) proposes amendments to
189.1 - 189.3, 189.5 - 189.9 and 189.11, concerning Compli-
ance Program.
The amendments to 189.1 - 189.3, 189.5, 189.6, 189.8 and
189.11 add language related to remedial plans to be consistent
with provisions under Chapter 187.
The amendment to 189.7 adds language related to remedial
plans to be consistent with provisions under Chapter 187, includ-
ing that probationers may not request modification or termination
of remedial plans unless specifically allowed under the terms of
the probationer's remedial plan.
The amendment to 189.9 adds language related to remedial
plans to be consistent with provisions under Chapter 187, includ-
ing that automatic suspensions are permitted for violating terms
of a remedial plan to include failure to pass SPEX or JP exami-
nations.
Elsewhere in this issue of the Texas Register, the Board contem-
poraneously proposes the rule review for Chapter 189.
Nancy Leshikar, General Counsel for the Board, has determined
that for each year of the first five years the sections as proposed
are in effect the public benefit anticipated as a result of enforcing
the proposal will be to have consistent rules and to delineate
board procedures for remedial plans.
Mrs. Leshikar has also determined that for the first five-year
period the sections are in effect there will be no fiscal implication
to state or local government as a result of enforcing the sections
as proposed. There will be no effect to individuals required to
comply with the rules as proposed. There will be no effect on
small or micro businesses.
Comments on the proposal may be submitted to Jennifer Kauf-
man, P.O. Box 2018, Austin, Texas 78768-2018 or e-mail com-
ments to: rules.development@tmb.state.tx.us. A public hearing
will be held at a later date.
The amendments are proposed under the authority of the Texas
Occupations Code Annotated, 153.001, which provides author-
ity for the Board to adopt rules and bylaws as necessary to: gov-
ern its own proceedings; perform its duties; regulate the practice
of medicine in this state; enforce this subtitle; and establish rules
related to licensure.
The amendments are also authorized by 164.0015, Texas Oc-
cupations Code.
No other statutes, articles or codes are affected by this proposal.
189.1. Purpose and Scope.
(a) Purpose. The purposes of this chapter are:37 TexReg 5544 July 27, 2012 Texas Register
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Texas. Secretary of State. Texas Register, Volume 37, Number 30, Pages 5519-5676, July 27, 2012, periodical, July 27, 2012; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth243959/m1/26/: accessed May 5, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.