| (a) In accordance with Labor Code §408.0231(d)(2)
a doctor, other than a doctor to which Labor Code §408.023(r)
applies, may apply for the restoration of a doctor privilege removed
under Labor Code §408.0231 by sending a letter of consideration
to the Medical Advisor.
(b) The request shall be evaluated by the Medical Advisor
and /or members of the Medical Quality Review Panel. The requestor
shall be liable for the cost of the review, which may include an audit
of the records of the requestor.
(1) If, in the Medical Advisor's opinion, the doctor:
(A) has all the appropriate unrestricted licenses/certifications;
(B) has overcome the conditions that resulted in the
sanction;
(C) meets all the division's qualification standards
and conditions for restoration of some or all of the practice privileges
removed; and
(D) is not out of compliance with the Labor Code, Insurance
Code, a department rule, or a rule, order, or decision of the commissioner
the Medical Advisor may recommend that the commissioner lift the sanction(s)
or restore some or all of the privileges removed or restricted by
the sanction(s).
(2) If in the Medical Advisor's opinion, the doctor
has not met all the requirements for restoration of privileges, the
Medical Advisor shall notify the doctor by verifiable means of the
intent to recommend to the commissioner that the sanctions not be
lifted or that the privileges removed or restricted by the sanction(s)
not be restored in whole or in part and the reasons for that recommendation.
Within 15 days after receiving the notice, a doctor may file a response
that addresses the reasons given in the recommendation to deny lifting
the sanction(s) or restoration of some or all of the privileges removed
or restricted by the sanction(s). The Medical Advisor shall review
the response and make a final recommendation to the commissioner.
A copy of the requestor's response to the division shall be provided
to the commissioner for consideration.
(c) The commissioner shall consider the matter and
shall notify the requestor of the final decision by verifiable means,
and may send a copy to the appropriate licensing or certification
authority. If the commissioner does not lift the sanction, the commissioner
may include in the final decision the conditions that the doctor must
meet before the division will reconsider lifting the sanctions including,
but not limited to, the amount of time that the doctor must wait prior
to re-requesting lifting the sanction(s) or restoration of some or
all of the privileges removed or restricted by the sanction(s).
|
| Source Note: The provisions of this §180.27 adopted to be effective March 14, 2002, 27 TexReg 1817; amended to be effective September 12, 2004, 29 TexReg 8613; amended to be effective January 9, 2011, 35 TexReg 11873; amended to be effective February 14, 2012, 37 TexReg 691 |
