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 Occupations Code Annotated,
Title 3, Subtitle B as amended.
(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.
(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) Conviction--An adjudication of guilt or an order of deferred
adjudication entered against a person by a court of competent jurisdiction
for an offense under the laws of this state, another state, or the United
States, whether or not the imposition of the sentence is subsequently probated
and the person is discharged from community supervision. The term does not
include an adjudication of guilt or an order of deferred adjudication that
has been subsequently expunged by a court of competent jurisdiction.
(16) 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.
(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
Sow 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
(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) Misdemeanors involving moral turpitude--Any misdemeanor
of which fraud, dishonesty, or deceit is an essential element or as otherwise
defined by §168.1(d) of this title (relating to Crimes Directly Related
to the Practice of Medicine).
(28) 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.
(29) Party--The board and each person named or admitted as
a party in a SOAH hearing or contested case before the board.
(30) Person--Any individual, partnership, corporation, association,
governmental subdivision, or public or private organization.
(31) Petition--Pleading filed at SOAH by the board alleging
the reasons for the denial of a license.
(32) 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.
(33) Presiding officer--The president of the board or the duly
qualified successor of the president or other person presiding over a board
(34) Probationer--A licensee who is under a board order.
(35) 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.
(36) Register--The Texas Register.
(37) Respondent--in a contested case, the licensee or applicant
who either formally contests or defaults on an action rendered in a board
(38) 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.
(39) Secretary--The secretary-treasurer of the board.
(40) SOAH--The State Office of Administrative Hearings.
(41) SOAH hearing--A public adjudication proceeding at SOAH.
(42) SOAH rules--1 Texas Administrative Code §155.1 et.
(43) Texas Public Information Act--Texas Government Code, Chapter
(44) 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.