| (a) A retired physician licensed by the board whose
only practice is the provision of voluntary charity care shall be
exempt from the registration fee.
(b) As used in this section:
(1) "voluntary charity care" means medical care provided
for no compensation to:
(A) indigent populations;
(B) in medically underserved areas; or
(C) for a disaster relief organization.
(2) "compensation" means direct or indirect payment
of anything of monetary value, except payment or reimbursement of
reasonable, necessary, and actual travel and related expenses.
(c) To qualify for and obtain such an exemption, a
physician must truthfully certify under oath, on a form approved by
the board that the following information is correct:
(1) the physician's practice of medicine does not include
the provision of medical services for either direct or indirect compensation
which has monetary value of any kind;
(2) the physician's practice of medicine is limited
to voluntary charity care for which the physician receives no direct
or indirect compensation of any kind for medical services rendered;
(3) the physician's practice of medicine does not include
the provision of medical services to members of the physician's family;
and
(4) the physician's practice of medicine does not include
the self-prescribing of controlled substances or dangerous drugs.
(d) A physician who qualifies for and obtains an exemption
from the registration fee authorized under this section shall obtain
and report continuing medical education as required under the Act, §§156.051
- 156.055 and §166.2 of this title (relating to Continuing Medical
Education), except that the number of credits of informal CME, as
required by §166.2(a)(3) of this title shall be reduced from
24 credits to 20 credits.
(e) A retired physician who has obtained an exemption
from the registration fee as provided for under this section, may
be subject to disciplinary action under the Act, §§164.051
- 164.053, based on unprofessional or dishonorable conduct likely
to deceive, defraud, or injure the public if the physician engages
in the compensated practice of medicine, the provision of medical
services to members of the physician's family, or the self-prescribing
of controlled substances or dangerous drugs.
(f) A physician who attempts to obtain an exemption
from the registration fee under this section by submitting false or
misleading statements to the board shall be subject to disciplinary
action pursuant to the Act, §164.052(a)(1), in addition to any
civil or criminal actions provided for by state or federal law.
(g) A retired physician providing voluntary charity
care must obtain the approval of the board before returning to active
status by submitting a written request to the attention of the Permits
Department of the board which indicates the following:
(1) the physician's Texas medical license number;
(2) current mailing address;
(3) proposed practice location;
(4) intended type of medical practice;
(5) length of retired status providing voluntary charity
care;
(6) any other medical licenses held;
(7) any condition which adversely affects the physician's
ability to practice medicine with reasonable skill and safety;
(8) any current specialty board certifications;
(9) any formal or informal continuing medical education
obtained during the period of retired status; and
(10) a description of all voluntary charity care provided
during the period of retired status.
(h) The request of a physician seeking a return to
active status whose license has been placed on retired status providing
voluntary charity care for two years or longer shall be submitted
to the Licensure Committee of the board for consideration and a recommendation
to the full board for approval or denial of the request. After consideration
of the request and the recommendation of the Licensure Committee,
the board shall grant or deny the request. If the request is granted,
it may be granted without conditions or subject to such conditions
which the board determines are necessary to adequately protect the
public.
(i) The request of a physician seeking a return to
active status whose license has been placed on retired status providing
voluntary charity care for less than two years may be approved by
the executive director of the board or submitted by the executive
director to the Licensure Committee for consideration and a recommendation
to the full board for approval or denial of the request. In those
instances in which the executive director submits the request to the
Licensure Committee of the board, the Licensure Committee shall make
a recommendation to the full board for approval or denial. After consideration
of the request and the recommendation of the Licensure Committee,
the board shall grant or deny the request subject to such conditions
which the board determines are necessary to adequately protect the
public.
(j) In evaluating a request of a physician seeking
a return to active status whose license has been placed on retired
status providing voluntary charity care, the Licensure Committee or
the full board may require a personal appearance by the requesting
physician at the offices of the board, and may also require a physical
or mental examination by one or more physicians or other health care
providers approved in advance in writing by the executive director,
the secretary-treasurer, the Licensure committee, or other designee(s)
determined by majority vote of the board.
|
| Source Note: The provisions of this §166.6 adopted to be effective September 27, 1995, 20 TexReg 7192; amended to be effective October 17, 2001, 26 TexReg 8069; amended to be effective January 6, 2002, 26 TexReg 10865; amended to be effective November 30, 2003, 28 TexReg 10483; amended to be effective June 29, 2006, 31 TexReg 5099; amended to be effective August 10, 2008, 33 TexReg 6133; amended to be effective January 20, 2009, 34 TexReg 337; amended to be effective November 29, 2009, 34 TexReg 8531; amended to be effective August 3, 2014, 39 TexReg 5748; amended to be effective March 27, 2018, 43 TexReg 1863 |
