| (a) The board may issue a faculty temporary license
to practice medicine to a physician in accordance with §155.104,
Texas Occupations Code. "Physician," as used in that statute and in
this section, is interpreted to mean a person who holds an M.D., D.O.,
or equivalent degree and who is licensed to practice medicine in another
state or a Canadian province or has completed at least two years of
postgraduate residency, but does not hold a license to practice medicine
in this state.
(1) Each medical license held in any state, territory,
or Canadian province must be free of any restrictions, disciplinary
order or probation.
(2) The physician must have passed the Texas medical
jurisprudence examination with a score of 75 or better.
(b) The faculty temporary license shall be issued for
a period of one year. The holder of a faculty temporary license may
apply for one or more successive faculty temporary licenses.
(c) The faculty temporary license holder's practice
of medicine shall be limited to the teaching confines of the applying
institution as a part of duties and responsibilities assigned by the
institution to the physician.
(d) The physician may participate in the full activities
of the department of any hospital for which the physician's institution
has full responsibility for clinical, patient care, and teaching activities.
"Full responsibility" means that the institution has agreed to provide
physicians to see patients in the hospital and that the institution
provides any necessary supervision for such physicians.
(e) The physician and the institution shall file affidavits
with the board affirming acceptance of the terms, limitations, and
conditions imposed by the board on the medical activities of the physician.
The institution must also affirm in its affidavit that prior to filing
the affidavit, the institution has reviewed the physician's criminal
background, disciplinary history with other state licensing entities,
and medical malpractice history.
(f) The application and fee for the faculty temporary
license shall be presented to the executive director of the board
at least 30 days prior to the effective date of the appointment of
the physician.
(g) The application shall be made by the chairman of
the department of the institution in which the physician teaches or
the person holding the equivalent position at the institution where
the physician teaches, and provide such information and documentation
to the board as may be requested.
(h) The application shall be endorsed by the dean of
the medical school or by the president of the institution. An endorsement
must include a statement that the medical school or institution has
investigated and determined the physician to be of good professional
character and fit to practice medicine. An endorsement shall also
state that the medical school or institution has accepted the responsibility
to properly supervise the medical activities of the physician.
(i) Two years in a teaching faculty position under
a faculty temporary license at any institution listed in subsection
(a)(3) of this section may be equivalent to two years of approved
postgraduate training if, at the conclusion of this two-year period,
the physician presents recommendations in his or her behalf from the
chief administrative officer and the president of the institution.
A recommendation must include verification that the physician has
completed at least two years in a teaching faculty position under
a faculty temporary license at the level of assistant professor or
higher and that the duties of the physician in such position required
activities that demonstrate that the physician's medical competence
is substantially equivalent to the competence of a person who has
completed two years of an approved postgraduate residency program
as described in §171.3(a)(1) of this title (relating to Physician-in-Training
Permits). Each year in a teaching faculty position under a faculty
temporary license shall be considered the equivalent of one year of
approved postgraduate training.
(j) An applicant is not eligible for a faculty temporary
license if:
(1) the applicant holds a medical license that is currently
restricted for cause, canceled for cause, suspended for cause, or
revoked by a state of the United States, a province of Canada, or
a uniformed service of the United States;
(2) the applicant holds a medical license that has
been subject to disciplinary action in another state, territory, or
Canadian province;
(3) an investigation or a proceeding is instituted
against the applicant for the restriction, cancellation, suspension,
or revocation of the applicant's medical license in a state of the
United States, a province of Canada, or a uniformed service of the
United States; or
(4) a prosecution is pending against the applicant
in any state, federal, or Canadian court for any offense that under
the laws of this state is a felony or a misdemeanor that involves
moral turpitude.
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| Source Note: The provisions of this §172.8 adopted to be effective November 7, 2004, 29 TexReg 10111; amended to be effective January 25, 2006, 31 TexReg 387; amended to be effective August 10, 2008, 33 TexReg 6135; amended to be effective November 29, 2009, 34 TexReg 8532; amended to be effective December 4, 2011, 36 TexReg 8029; amended to be effective July 4, 2012, 37 TexReg 4928; amended to be effective May 6, 2013, 38 TexReg 2759; amended to be effective August 3, 2014, 39 TexReg 5748; amended to be effective May 20, 2015, 40 TexReg 2666; amended to be effective November 26, 2017, 42 TexReg 6511 |
