The following words and terms, when used in this chapter, shall
have the following meanings, unless the context clearly indicates
otherwise.
(1) Act--Tex. Occ. Code Ann. Title 3 Subtitle B, for
physicians; Tex. Occ. Code Ann. Chapter 204 for physician assistants;
Tex. Occ. Code Ann. Chapter 205 for acupuncturists; and Tex. Occ.
Code Ann. Chapter 206 for surgical assistants.
(2) Address of record--The last mailing address of
each licensee or applicant, as provided to the agency pursuant to
the Act.
(3) Administrative law judge (ALJ)--An individual appointed
to preside over administrative hearings pursuant to the APA.
(4) Agency--The divisions, departments, and employees
of the Texas Medical Board, the Texas Physician Assistant Board, and
the Texas State Board of Acupuncture Examiners.
(5) APA--The Administrative Procedure Act, Texas Government
Code, Chapter 2001 as amended.
(6) Appear/Appearance--An opportunity to present and
be heard at an Informal Show Compliance proceeding and settlement
conference (ISC) via videoconference. A respondent who cannot utilize
videoconference may request to appear via teleconference at least
15 days prior to the date of the appearance. Licensees are entitled
to all substantive and procedural rights delineated in the Medical
Practice Act.
(7) Applicant--A person seeking a license from the
board.
(8) Attorney of record--A person licensed to practice
law in Texas who has provided staff with written notice of representation.
(9) Authorized representative--A person who has been
designated in writing by a party to represent the party at a board
proceeding or an attorney of record.
(10) Board--The Texas Medical Board for physicians
and surgical assistants, the Texas State Board of Acupuncture Examiners
for acupuncturists, and the Texas Physician Assistant Board for physician
assistants.
(11) Board member--One of the members of the board
appointed pursuant to the Act.
(12) Board proceeding--Any proceeding before the board
or at which the board is a party to an action, including a hearing
before SOAH.
(13) Board representative--A board member or district
review committee member who sits on a panel at an informal proceeding.
(14) Complaint--Pleading filed at SOAH by the board
alleging a violation of the Act, board rules, or board order. The
word "complaint" is also used in this rule in the context of complaints
made to the board as provided in §153.012 of the Act.
(15) Contested case--A proceeding, including but not
restricted to licensing, in which the legal rights, duties, or privileges
of a party are to be determined by the board after an opportunity
for an administrative hearing to be held at SOAH.
(16) Default Order--A board order in which the factual
allegations against a party are deemed admitted as true upon the party's
failure to file a timely answer to a Complaint or to appear at a properly
noticed SOAH hearing.
(17) Executive director--The executive director of
the agency, the authorized designee of the executive director, or
the secretary of the board if and whenever the executive director
and authorized designee are unavailable.
(18) Formal board proceeding--Any proceeding requiring
action by the board, including a temporary suspension hearing.
(19) Group practice--Any business entity, including
a partnership, professional association, or corporation, organized
under Texas law and established for the purpose of practicing medicine
in which two or more physicians licensed in Texas are members of the
practice.
(20) Informal board proceeding--Any proceeding involving
matters before the board prior to the filing of a pleading at SOAH,
to include, but not limited to show compliance proceedings, eligibility
determinations, and informal resolutions.
(21) Informal show compliance proceeding and settlement
conference (ISC)--A board proceeding that provides a licensee the
opportunity to demonstrate compliance with all requirements of the
Act and board rules and an opportunity to enter into an agreed settlement.
(22) License--Includes the whole or part of any board
permit, certificate, approval, registration or similar form of permission
authorized by law.
(23) Licensee--Any person to whom the agency has issued
a license, permit, certificate, approval, registration or similar
form of permission authorized by law.
(24) Licensing--The agency process relating to the
granting, denial, renewal, cancellation, limitation, or reissuance
of a license.
(25) Party--The board and each person named or admitted
as a party in a SOAH hearing or contested case before the board.
(26) Person--Any individual, partnership, corporation,
association, governmental subdivision, or public or private organization.
(27) Petition--Pleading filed at SOAH by an applicant
appealing the board's denial of licensure.
(28) Pleading--A written document that requests procedural
or substantive relief, makes claims, alleges facts, makes legal arguments,
or otherwise addresses matters involved in a board proceeding.
(29) Presiding officer--The president of the board
or the duly qualified successor of the president or other person presiding
over a board proceeding.
(30) Probationer--A licensee who is under a board order.
(31) Probationer show compliance proceeding--A board
proceeding that provides a probationer the opportunity to demonstrate
compliance with the Act, board rules, and board order prior to the
board finding that a probationer is in noncompliance with the probationer's
order.
(32) Register--The Texas Register.
(33) Rehabilitation Order--An agreed order entered
into pursuant to the authority of §164.201 of the Act.
(34) Remedial plan--A nondisciplinary settlement agreement
entered into pursuant to §164.0015 of the Act.
(35) Respondent--A licensee or applicant who is the
subject of disciplinary, non-disciplinary, or rehabilitative action
by the board.
(36) Rule--Any agency statement of general applicability
that implements, interprets, or prescribes law or policy, or describes
the procedures or practice requirements of this board. The term includes
the amendment or repeal of a prior section but does not include statements
concerning only the internal management or organization of the agency
and not affecting private rights or procedures. This definition includes
substantive regulations.
(37) Secretary--The secretary-treasurer of the board.
(38) SOAH--The State Office of Administrative Hearings.
(39) SOAH hearing--A public adjudication proceeding
at SOAH.
(40) SOAH rules--1 Texas Administrative Code §155.1 et seq.
(41) Texas Public Information Act--Texas Government
Code, Chapter 552.
(42) Witness--Any person offering testimony or evidence
at a board proceeding.
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Source Note: The provisions of this §187.2 adopted to be effective January 6, 2002, 26 TexReg 10867; amended to be effective November 30, 2003, 28 TexReg 10494; amended to be effective July 4, 2004, 29 TexReg 6091; amended to be effective November 7, 2004, 29 TexReg 10113; amended to be effective January 25, 2006, 31 TexReg 394; amended to be effective December 25, 2011, 36 TexReg 8551; amended to be effective September 12, 2021, 46 TexReg 5769 |