The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Act--The Medical Practice Act, Texas Civil Statutes, as amended, Article 4495b. (2) APTRA--The Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article 6252-13a. (3) Applicant or petitioner--A party seeking a license or rule from the board. (4) Board--The Texas State Board of Medical Examiners. (5) Board member--One of the members of the board, appointed pursuant to the Act, §2.03, and qualified under the Act, §2.05. (6) 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 adjudicative hearing. (7) Documents--Applications, petitions,
complaints, motions, protests, replies, exceptions, answers, notices, or other written instruments filed with the board in a licensure proceeding or by a party in a contested case. (8) Executive director--The incumbent of the position designated executive director in accordance with the Act, §2.09(b), or the secretary-treasurer of the board if and whenever the executive director is unavailable. (9) Hearings examiner or examiner--An attorney or a physician, duly licensed in the State of Texas, appointed by the board to perform the duties specified in §187.26 of this title (relating to Hearing Examiners). (10) License--Includes the whole or part of any board permit, certificate, approval, registration, or similar form of permission required by law; specifically, a license and a registration. (11) Licensing--Includes the board's process respecting the granting, denial, renewal, revocation,
suspension, annulment, withdrawal, or amendment of a license. (12) Misdemeanors involving moral turpitude--Any misdemeanor of which fraud, dishonesty, or deceit is an essential element, any criminal violation of the Medical Practice Act, burglary, robbery, sexual offenses, theft, child molesting, and substance diversion or substance abuse. (13) Party--Each person named or admitted as a party whether an applicant, protestant, petitioner, complainant, respondent, or intervenor, and the board. (14) Person--Any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character. (15) Pleading--Written documents filed by parties, concerning their respective claims. (16) Presiding officer--The president, duly qualified successor in accordance with Robert's Rules of Order Newly Revised or board rules, a hearing examiner, or other
person presiding over the board. (17) Register--The Texas Register. (18) 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. (19) Secretary--The secretary-treasurer of the Texas State Board of Medical Examiners.
|
