(a) All applicants for licensure:
(1) if appropriate, are encouraged to use the Federation
Credentials Verification Service (FCVS) offered by the Federation
of State Medical Boards of the United States (FSMB) to verify medical
education, postgraduate training, licensure examination history, board
action history and identity;
(2) whose applications have been filed with the board
in excess of one year will be considered expired. Any fee previously
submitted with that application shall be forfeited unless otherwise
provided by §175.5 of this title (relating to Payment of Fees
or Penalties). Any further request for licensure will require submission
of a new application and inclusion of the current licensure fee. An
extension to an application may be granted under certain circumstances,
including:
(A) Delay by board staff in processing an application;
(B) Application requires Licensure Committee review
after completion of all other processing and will expire prior to
the next scheduled meeting;
(C) Licensure Committee requires an applicant to meet
specific additional requirements for licensure and the application
will expire prior to deadline established by the Committee;
(D) Applicant requires a reasonable, limited additional
period of time to obtain documentation after completing all other
requirements and demonstrating diligence in attempting to provide
the required documentation;
(E) Applicant is delayed due to unanticipated military
assignments, medical reasons, or catastrophic events.
(3) who in any way submit a false or misleading statement,
document, or certificate in an application may be required to appear
before the board. It will be at the discretion of the board whether
or not the applicant will be issued a Texas license;
(4) on whom adverse information is received by the
board may be required to appear before the board. It will be at the
discretion of the board whether or not the applicant will be issued
a Texas license;
(5) shall be required to comply with the board's rules
and regulations which are in effect at the time the application form
and fee are filed with the board;
(6) may be required to sit for additional oral, written,
mental or physical examinations that, in the opinion of the board,
are necessary to determine competency and ability of the applicant;
(7) must have the application for licensure complete
in every detail 20 days prior to the board meeting in which they are
considered for licensure. Applicants with complete applications may
qualify for a Temporary License prior to being considered by the board
for licensure, as required by §172.11 of this title (relating
to Temporary Licensure--Regular); and
(8) that receive any medical or osteopathic medical
education in the United States must have obtained such education while
enrolled as a full-time or visiting student at a medical school that
is accredited by an accrediting body officially recognized by the
United States Department of Education as the accrediting body for
medical education leading to the doctor of medicine degree or the
doctor of osteopathy degree in the United States. This subsection
does not apply to postgraduate medical education or training. An applicant
who is unable to comply with this requirement must demonstrate that
the applicant either:
(A) received such medical education in a hospital or
teaching institution sponsoring or participating in a program of graduate
medical education accredited by the Accreditation Council for Graduate
Medical Education, the American Osteopathic Association, or the board
in the same subject as the medical or osteopathic medical education
if the hospital or teaching institution has an agreement with the
applicant's school; or
(B) is specialty board certified by a board approved
by the Bureau of Osteopathic Specialists or the American Board of
Medical Specialties.
(b) Applicants for a license must subscribe to an oath
in writing. The written oath is part of the application.
(c) An applicant is not eligible for a license if:
(1) the applicant holds a medical license that is currently
restricted for cause, canceled for cause, suspended for cause, or
revoked by a state of the United States, a province of Canada, or
a uniformed service of the United States;
(2) an investigation or a proceeding is instituted
against the applicant for the restriction, cancellation, suspension,
or revocation of the applicant's medical license in a state of the
United States, a province of Canada, or a uniformed service of the
United States;
(3) a prosecution is pending against the applicant
in any state, federal, or Canadian court for any offense that under
the laws of this state is a felony or a misdemeanor that involves
moral turpitude; or
(4) the applicant has violated §170.002 or Chapter
171, Texas Health and Safety Code.
(d) Review and Recommendations by the Executive Director.
(1) The executive director shall review applications
for licensure and may determine whether an applicant is eligible for
licensure or refer an application to a committee of the board for
review. If an applicant is determined to be ineligible for a license
by the executive director pursuant to §§155.001 - 155.152
of the Act, Chapter 163 of this title (relating to Licensure), Chapter
171 of this title (relating to Postgraduate Training Permits), or
Chapter 172 of this title (relating to Temporary and Limited Licenses),
the applicant may request review of that determination by a committee
of the board. The applicant must request the review not later than
the 20th day after the date the applicant receives notice of the determination.
(2) If the Executive Director determines that the applicant
clearly meets all licensing requirements, the Executive Director or
a person designated by the Executive Director, may issue a license
to the applicant, to be effective on the date issued without formal
board approval, as authorized by §155.002(b) of the Act.
(3) If the Executive Director determines that the applicant
does not clearly meet all licensing requirements, a license may be
issued only upon action by the board following a recommendation by
the Licensure Committee, in accordance with §155.007 of the Act
(relating to Application Process) and §187.13 of this title (relating
to Informal Board Proceedings Relating to Licensure Eligibility).
(4) To promote the expeditious resolution of any licensure
matter, the executive director with the approval of the board, may
recommend that an applicant be eligible for a license, but only under
certain terms and conditions and present a proposed agreed order or
remedial plan to the applicant.
(A) If the proposed agreed order or remedial plan is
acceptable to the applicant, the applicant shall sign the order/remedial
plan and the order/remedial plan shall be presented to the board for
consideration and acceptance without initiating a Disciplinary Licensure
Investigation (as defined in §187.13 of this title) or appearing
before the licensure committee concerning issues relating to licensure
eligibility.
(B) If the proposed agreed order or remedial plan is
not acceptable to the applicant, the applicant may:
(i) request a review of the executive director's recommendation
by a committee of the board conducted in accordance with §187.13
of this title. The applicant must request review not later than the
20th day after the date the applicant receives notice of the executive
director's recommendation; or
(ii) withdraw their application.
(5) If the Executive Director determines that the applicant
is ineligible for licensure based on one or more of the statutory
or regulatory provisions listed in subparagraphs (A) - (D) of this
paragraph, the applicant may appeal that decision to the Licensure
Committee before completing other licensure requirements for a determination
by the Committee solely regarding issues raised by the determination
of ineligibility. If the Committee overrules the determination of
the Executive Director, the applicant may then provide additional
information to complete the application, which must be analyzed by
board staff and approved before a license may be issued. Grounds for
ineligibility under this subsection include noncompliance with the
following:
(A) Section 155.003(a)(1) of the Act that requires
the applicant to be 21 years of age;
(B) Section 155.003(b) and (c) of the Act that require
that medical or osteopathic medical education received by an applicant
must be accredited by an accrediting body officially recognized by
the United States Department of Education, or meet certain other requirements,
as more fully set forth in subsection (a)(8) of this section, §§163.5(b)(11),
163.5(c)(2)(C), 163.5(c)(2)(D), and 163.1(11)(B)(iii) and (iv) of
this chapter;
(C) Sections 155.051 - 155.0511, and 155.056 of the
Act that relates to required licensure examinations and examination
attempts; and
(D) Section 163.6(e) of this chapter (relating to Examinations
Accepted for Licensure) that requires passage of the Jurisprudence
Examination.
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Source Note: The provisions of this §163.4 adopted to be effective November 10, 1999, 24 TexReg 9835; amended to be effective May 21, 2000, 25 TexReg 4348; amended to be effective March 7, 2002, 27 TexReg 1487; amended to be effective January 9, 2003, 28 TexReg 67; amended to be effective May 2, 2004, 29 TexReg 3961; amended to be effective January 25, 2006, 31 TexReg 382; amended to be effective June 28, 2006, 31 TexReg 5098; amended to be effective July 3, 2007, 32 TexReg 3991; amended to be effective August 10, 2008, 33 TexReg 6133; amended to be effective September 21, 2009, 34 TexReg 6449; amended to be effective November 29, 2009, 34 TexReg 8530; amended to be effective July 4,2012,37TexReg 4925; amended to be effective August 3, 2014, 39 TexReg 5748; amended to be effective November 26, 2017, 42 TexReg 6510 |