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 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 State Board of Medical Examiners, the Texas State Board of Physician Assistant Examiners, and the Texas State Board of Acupuncture Examiners. (5) APA--The Administrative Procedure Act, Texas Government Code, Chapter 2001 as amended. (6) Applicant--A person seeking a license from the board. (7) Attorney of record--A person licensed to practice law in Texas who has provided staff with written notice of representation. (8) 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. (9) Board--The Texas State Board of Medical Examiners for physicians and surgical assistants, the Texas State Board of Acupuncture Examiners for acupuncturists, and the Texas State Board of Physician Assistant Examiners for physician assistants. (10) Board member--One of the members of the board appointed pursuant to the Act. (11) Board proceeding--Any proceeding before the board or at which the board is a party to an action, including a hearing before SOAH. (12) Board representative--a board member or district review committee member who sits on a panel at an informal proceeding. (13) Complaint--Pleading filed at SOAH by the board alleging a violation of the Act. (14) 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. (15) Default judgment--The issuance of a proposal for decision or board order in which the factual allegations against a party are deemed admitted as true upon the party's failure to appear at a properly noticed SOAH hearing or ISC. (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) Documents--Applications, petitions, complaints, motions, protests, replies, exceptions, answers, notices, or other written instruments filed with the board in a board proceeding. (18) 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. (19) Formal board proceeding--any proceeding requiring action by the board, including a temporary suspension hearing. (20) 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. (21) 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 resolution conferences. (22) Informal show compliance proceeding--a board proceeding that provides a licensee the opportunity to demonstrate compliance with all requirements of the Act and board rules either in writing as set out in §187.17 of this title (relating to Informal Show Compliance Proceeding Based on Written Information) or through a personal appearance with one or more representatives of the board as set out in §187.18 of this title (relating to Informal Show Compliance Proceeding and Settlement Conference Based on Personal Appearance ("ISC")) and an opportunity to enter into an informal settlement. (23) ISC--Informal Show Compliance Proceeding and Settlement Conference Based on Personal Appearance. (24) License--Includes the whole or part of any board permit, certificate, approval, registration or similar form of permission authorized by law. (25) Licensee--Any person to whom the agency has issued a license, permit, certificate, approval, registration or similar form of permission authorized by law. (26) Licensing--The agency process relating to the granting, denial, renewal, revocation, cancellation, suspension, limitation, reinstatement or reissuance of a license. (27) National Practitioner Data Bank (NPDB) reportable action--In accordance with the Health Care Quality Improvement Act, 42 U.S.C. §11132, a public board action subject to reporting to the NPDB, includes a revocation, suspension, restriction or limitation of a physician's license or public reprimand. An administrative penalty or a requirement that a physician obtain additional education or training are not considered reportable actions for the purpose of reporting to the NPDB, however, all disciplinary actions are public as set out in the Act. (28) Party--The board and each person named or admitted as a party in a SOAH hearing or contested case before the board. (29) Person--Any individual, partnership, corporation, association, governmental subdivision, or public or private organization. (30) Petition--Pleading filed at SOAH by the board alleging the reasons for the denial of a license. (31) Pleading--A written document submitted by the board, which requests procedural or substantive relief, makes claims, alleges facts, makes legal arguments, or otherwise addresses matters involved in a board proceeding. (32) Presiding officer--The president of the board or the duly qualified successor of the president or other person presiding over a board proceeding. (33) Probationer--A licensee who is under a board order. (34) 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. (35) Register--The Texas Register. (36) Respondent--in a contested case, the licensee or applicant who either formally contests or defaults on an action rendered in a board proceeding. (37) 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 any agency and not affecting private rights or procedures. This definition includes substantive regulations. (38) Secretary--The secretary-treasurer of the board. (39) SOAH--The State Office of Administrative Hearings. (40) SOAH hearing--A public adjudication proceeding at SOAH. (41) SOAH rules--1 Texas Administrative Code §155.1 et seq. (42) Texas Public Information Act--Texas Government Code, Chapter 552. (43) Witness--Any person offering testimony or evidence at a board proceeding who is not board staff, the respondent, or an authorized representative of the respondent. |
