| (a) The purpose of this rule is to allow the Texas
Medical Board, its advisory boards and committees (collectively "Board")
to provide a rapid and safe response to health care and medical needs
as a result of natural disasters and emergencies through an emergency
licensing process. In the event of an occurrence for which the Governor
of the State of Texas has declared a state of emergency, in accordance
with the Texas Government Code, the Office of the Governor may temporarily
suspend all necessary statutes and rules to allow health care providers
to practice medicine, or within the scope of their appropriate licensure,
permit, or certification in Texas to assist with disaster response
operations.
(b) The Board shall, pursuant to a lawful emergency
declaration, waive requirements for licensure except to the extent
set forth below and after the Governor of the State of Texas has declared
a disaster or state of emergency, or in the event of an occurrence
for which a county or municipality has declared a disaster or state
of emergency, or to protect the public health, safety or welfare of
its citizens. There are two ways for physicians to practice medicine
under this rule:
(1) Hospital-to-Hospital Credentialing: A physician
who holds a full, unlimited and unrestricted license to practice medicine
in another U.S. state, territory or district and has unrestricted
hospital credentials and privileges in any U.S. state, territory or
district may practice medicine at a hospital that is licensed by the
Texas Health and Human Services Commission upon the following terms
and conditions being met:
(A) the licensed Texas hospital shall verify all physician
credentials and privileges;
(B) the licensed Texas hospital shall keep a list of
all physicians coming to practice and shall provide this list to the
Board within ten (10) days of each physician starting practice at
the licensed Texas hospital; and
(C) the licensed Texas hospital shall also provide
the Board a list of when each physician has stopped practicing medicine
in Texas under this section within ten (10) days after each physician
has stopped practicing medicine under this section.
(2) Limited Emergency License: A physician who holds
a full, unlimited and unrestricted license to practice medicine in
another U.S. state, territory or district may qualify for a limited
emergency license upon the following conditions being met:
(A) the applicant must complete a limited emergency
license application;
(B) the Board shall verify that the physician holds
a full, unlimited and unrestricted license to practice medicine in
another U.S. state, territory or district; and
(C) the applicant must present written verification
from a Texas sponsoring physician who is requesting the physician
to assist in the disaster or emergency.
(c) The Board may limit the sponsored physician's practice
locale and scope of practice.
(d) The Texas sponsoring physician shall be considered
the supervising physician for the sponsored physician.
(e) The Board shall have jurisdiction over all physicians
practicing under this subchapter for all purposes set forth in or
related to Texas Occupations Code, and all other applicable state
and federal laws, and such jurisdiction shall continue in effect even
after any and all physicians have stopped practicing medicine under
this section related to providing medical services in Texas during
the disaster or emergency.
(f) A physician license issued under this subchapter
shall be valid for no more than thirty (30) days from the date the
physician is licensed or until the emergency or disaster declaration
has been withdrawn or ended, whichever is longer.
(g) Physicians holding limited emergency licenses under
this subchapter shall not receive any compensation outside of their
usual compensation for the provision of medical services during a
disaster or emergency.
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