Texas Register, Volume 37, Number 30, Pages 5519-5676, July 27, 2012 Page: 5,545
5519-5676 p. ; 28 cm.View a full description of this periodical.
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(1) to establish requirements and responsibilities for a pro-
bationer who is under an order or remedial plan of the board; and
(2) to establish a system of monitoring a probationer's com-
pliance with the terms and conditions of an order or remedial plan of
the board.
(b) Scope.
(1) This chapter shall govern the enforcement of all orders
and remedial plans of the board.
(2) This chapter shall not be construed so as to enlarge, di-
minish, modify, or otherwise alter the jurisdiction, powers, or authority
of the board, board staff, or the substantive rights of any person.
(c) Authority. Pursuant to 164.010 of the Act, the Board is
authorized to promulgate rules relating to the development of a pro-
gram to monitor compliance of license holders who are subject to dis-
ciplinary action or remedial plans.
189.2. Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1) [(a)] Act--Title 3, Subtitle B, Chapters 151 - 165, Texas
Occupations Code Annotated [Tex. ee Code Ann.] for physicians;
Title 3, Subtitle C, Chapter 204, Texas Occupations Code Annotated
[Tex. Oee Code Ann] for physician assistants; Title 3 Subtitle C,
Chapter 206, Texas Occupations Code Annotated [Tex Oee Code
Ann] for surgical assistants; and Title 3, Subtitle C, Chapter 205, Texas
Occupations Code Annotated [Tex. ee Code Ann] for acupunctur-
ists.
(2) [(b)] Address of record--The mailing address of each
probationer as provided to the board pursuant to the Act.
(3) [(c)] Agency--The divisions, departments, and employ-
ees of the Texas Medical Board, the Texas Physician Assistant Board,
and the Texas State Board of Acupuncture Examiners.
(4) [(4)] Agency representative--A compliance officer,
other agency staff, board member, or agent of the agency.
(5) [(e)] APA--The Administrative Procedures Act, Texas
Government [Tex. Govt.] Code, Chapter 2001 as amended.
(6) [(4)] Authorized representative--An attorney of record
or any other person who has been designated in writing by a party to
represent the party at a board proceeding.
(7) [(g)] Board--The appointed members of the Medical
Board for physicians and surgical assistants, the Physician Assistant
Board for physicians assistants, and the Board of Acupuncture for
acupuncturists.
(8) [(h-)] Board representative--A board member or district
review committee member who sits on a panel at a proceeding to de-
termine compliance with an order.
(9) [(i)] Compliance manager--The agency staff person
who supervises the agency compliance program.
(10) [(}}] Compliance officer--An employee of the agency
assigned to each probationer to investigate a probationer's compliance
with the terms and conditions of an order.
(11) [(k)] Group practice--Any business entity including
a partnership, professional association, professional limited liability
company, or other entity allowed by state law and established for the
purpose of practicing medicine in which two or more physicians li-
censed in Texas are members of the practice.(12) [(1)] Institutional setting--A medical facility estab-
lished by a governmental entity, non-profit organization, or educational
institution that has a permanent staff, including full-time physician
employees, by-laws, and an internal governing structure for the
operation of the facility for the purpose of practicing medicine.
(13) [(m)] Licensee--A person to whom the board has is-
sued a license, permit, certificate, approved registration, or similar form
of permission authorized by law.
(14) [(n)] Modification/termination hearing--A hearing be-
fore board representatives conducted upon the written request of a pro-
bationer for the modification of one or more terms and conditions of an
order, the termination of an order prior to the prescribed termination of
an order, or the reinstatement of a license following a suspension.
(15) [(e)] Monitoring physician--A licensed Texas physi-
cian who meets the requirements as set out in 189.11 of this title
(relating to Process for Approval of Physicians, Other Professionals,
Group Practices and Institutional Settings) and who reviews a proba-
tioner's medical/billing records and/or conducts onsite reviews of a pro-
bationer's practice site on a periodic basis for the purpose of monitoring
and educating a probationer, and periodically reports in writing to the
board on the probationer's medical practice and practice of medicine as
stipulated by an order or remedial plan.
(16) [(p)] Order--An agreed order, final order of the board,
rehabilitation order, or other order approved by the board that requires
an agency representative to monitor a probationer's compliance with
the order's terms and conditions.
(17) [(q)] Probation appearance--An appearance by a pro-
bationer at an informal board proceeding before board representatives
to discuss a probationer's compliance with an order or remedial plan.
(18) [(r)] Probationer--A licensee who is under an order or
remedial plan.
(19) [(s)] Proctor--A licensed Texas physician who meets
the requirements as set out in 189.11 of this title and who physi-
cally and actually works with and oversees a probationer's practice of
medicine on a daily basis and periodically reports in writing to the
board on the probationer's medical practice and practice of medicine
as stipulated by an order.
(20) Remedial plan--A nondisciplinary settlement agree-
ment entered into pursuant to 164.0015 of the Act.
(21) [(t)] SOAH--The State Office of Administrative Hear-
ings.
(22) [({u)] Supervising physician--A licensed Texas physi-
cian who meets the requirements as set out in 189.11 of this title and
who is physically present at a probationer's practice on a daily basis
in order to evaluate, educate, and provide guidance regarding the pro-
bationer's practice of medicine; and periodically reports in writing to
the board on probationer's medical practice and practice of medicine as
stipulated by an order or remedial plan.
189.3. Responsibilities ofProbationers.
(a) Comply with Terms and Conditions of Order or Remedial
Plan. A probationer must comply with all terms and conditions of his
or her order or remedial plan. If a probationer fails to comply with
the terms and conditions of an order or remedial plan, the probationer
shall be subject to agency review and action for non-compliance as
set out in 189.8 of the title (relating to Procedures Concerning Non-
Compliance).
(b) Document Continuing Medical Education (CME).PROPOSED RULES July 27, 2012 37 TexReg 5545
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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/m1/27/: accessed May 5, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.