(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).
(1) A probationer is solely responsible for providing
acceptable documentation to demonstrate compliance with CME or other
educational requirements under an order or remedial plan.
(2) The following documentation will be acceptable
to demonstrate compliance with CME requirements under an order or
remedial plan:
(A) a certificate of completion from any formal CME
course taken as defined under §166.2(a)(1) of this title (relating
to Continuing Medical Education);
(B) a letter from the presenter(s) on letterhead sent
directly from the author of the letter to the agency; or
(C) a report of CME activities provided directly to
the agency by a third party testing entity accredited by Accreditation
Council for Continuing Medical Education and approved by the American
Medical Association or American Osteopathic Association.
(3) The following documentation is not acceptable to
demonstrate compliance with a CME or other educational requirement:
(A) a copy of attendance form;
(B) answers from tests taken;
(C) a letter sent by a probationer from an individual
stating that the probationer was at a class; or
(D) a listing of CME/ethics courses taken.
(c) Ensure Submission of Third Party Reports.
(1) A probationer is solely responsible for ensuring
that all reports are timely submitted to the agency by third parties.
(2) In order to avoid a finding of non-compliance,
a probationer must present evidence that the probationer made good
faith efforts to ensure the timely submission of reports to the agency
from third parties. Evidence may include, but is not limited to:
(A) copies of certified letter(s) with proof of mail
receipt, air-bill or shipping document receipt attached, which were
sent directly to the third party requesting the report or document;
(B) a copy of a receipt of payments for services rendered
by third parties; or
(C) objective evidence that the probationer has attempted
to have a report submitted to the agency.
(3) If the agency does not receive reports after a
probationer has made good faith efforts to ensure such documentation
is submitted by an approved third party, the Executive Director of
the agency has the authority to revoke approval of that third party.
(d) Content of Third Party Reports. Reports by third
parties must be accurate, honest, and address all subjects that are
required as set forth in a probationer's order or remedial plan.
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Source Note: The provisions of this §189.3 adopted to be effective May 9, 2002, 27 TexReg 3776; amended to be effective May 2, 2010, 35 TexReg 3280; amended to be effective September 30, 2012, 37 TexReg 7486 |