Pursuant to §164.151 of the Act, a physician may be reissued
a medical license or reinstated to the practice of medicine only if
the physician demonstrates that the reissuance or reinstatement is
in the best interests of the public.
(1) Best interests of the public determination shall
include: consideration and examination of the underlying action that
led to the revocation in case of a physician who whose license was
revoked.
(2) Best interests of the public may include, but not
be limited to, an assessment by the Board as to whether the physician
demonstrates:
(A) remediation of any competency, technical, educational,
training or ethical limitations as found in the order leading to revocation
or suspension of a license or any competency, technical, educational,
training or ethical limitations found since the entry of the order;
(B) that risk of further disciplinary proceedings for
the revocation or suspension of the license will be minimal or minimized
if the physician is returned to the practice of medicine and the public
will adequately be protected, whether by probationary order or other
terms and conditions as agreed to by the physician or authorized by §164.101
and §164.102 of the Act;
(C) that an adequate practice plan will be in place
to reduce or eliminate the risk of further disciplinary proceedings
by the board;
(D) continued medical competency such that the physician
is able to provide the same standard of medical care as any applicant
for a license under Chapter 163 of this title (relating to Licensure).
Further, the board shall require an applicant for reissuance to meet
the qualifications and requirements set forth in Chapter 163 of this
title, including, but not limited to documentation of completion of
the process of a current application for licensure; and
(E) that the physician's services are needed and would
benefit the citizens of Texas.
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