The following words and terms, when used in this chapter, shall
have the following meanings, unless the context clearly indicates
otherwise.
(1) Act--Title 3, Subtitle B, Chapters 151 - 165, Texas
Occupations Code Annotated for physicians; Title 3, Subtitle C, Chapter
204, Texas Occupations Code Annotated for physician assistants; Title
3 Subtitle C, Chapter 206, Texas Occupations Code Annotated for surgical
assistants; and Title 3, Subtitle C, Chapter 205, Texas Occupations
Code Annotated for acupuncturists.
(2) Address of record--The mailing address of each
probationer as provided to the board pursuant to the Act.
(3) Agency--The divisions, departments, and employees
of the Texas Medical Board, the Texas Physician Assistant Board, and
the Texas State Board of Acupuncture Examiners.
(4) Agency representative--A compliance officer, other
agency staff, board member, or agent of the agency.
(5) APA--The Administrative Procedures Act, Tex. Govt.
Code, Chapter 2001 as amended.
(6) 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) 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) Board representative--A board member or district
review committee member who sits on a panel at a proceeding to determine
compliance with an order.
(9) 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) 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
licensed in Texas are members of the practice.
(12) Institutional setting--A medical facility established
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) Licensee--A person to whom the board has issued
a license, permit, certificate, approved registration, or similar
form of permission authorized by law.
(14) Modification/termination hearing--A hearing before
board representatives conducted upon the written request of a probationer
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) Monitoring physician--A licensed Texas physician
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 probationer's
medical/billing records and/or conducts onsite reviews of a probationer'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) 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) Probation appearance--An appearance by a probationer
at an informal board proceeding before board representatives to discuss
a probationer's compliance with an order or remedial plan.
(18) Probationer--A licensee who is under an order.
(19) Proctor--A licensed Texas physician who meets
the requirements as set out in §189.11 of this title and who
physically 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 agreement
entered into pursuant to §164.0015 of this Act.
(21) SOAH--The State Office of Administrative Hearings.
(22) Successful Completion--The determination that
all the terms and/or conditions of an Order are considered to be fully
completed and a written Notice of Termination is provided to a Probationer.
The effective date of Successful Completion shall be the date on Notice
of Termination of the Order.
(23) Supervising physician--A licensed Texas physician
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 probationer'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.
(24) Toll--To extend the term of an order for any period
of time that:
(A) a probationer practices exclusively outside the
State of Texas;
(B) a probationer's license is cancelled for nonpayment
of licensure fees;
(C) the order is stayed or enjoined by Court Order;
or
(D) for any period of time longer than 60 consecutive
days that a probationer does not actively practice medicine.
|
Source Note: The provisions of this §189.2 adopted to be effective May 9, 2002, 27 TexReg 3776; amended to be effective March 9, 2009, 34 TexReg 1591; amended to be effective May 2, 2010, 35 TexReg 3280; amended to be effective September 30, 2012, 37 TexReg 7486; amended to be effective January 20, 2014, 39 TexReg 284 |