| (G) All reports and investigative information received
or gathered by the board on each applicant are confidential and are
not subject to disclosure under the Public Information Act, Government
Code Chapter 552 and the Medical Practice Act, Texas Occupations Code §§155.007(g),
155.058, and 164.007(c). The board may disclose such reports and investigative
information to appropriate licensing authorities in other states.
(H) All applicants for physician-in-training permits
whose applications have been filed with the board in excess of one
year will be considered expired.
(I) If the Executive Director determines that the applicant
clearly meets all PIT requirements, the Executive Director or a person
designated by the Executive Director, may issue a permit to the applicant,
to be effective on the date of the reported first date of the training
program without formal board approval, as authorized by §155.002(b)
of the Act.
(J) If the Executive Director determines that the applicant
does not clearly meet all PIT requirements, a PIT may be issued only
upon action by the board following a recommendation by the Licensure
Committee, in accordance with §155.007 of the Act (relating to
Application Process) and §187.13 of this title (relating to Informal
Board Proceedings Relating to Licensure Eligibility).
(K) If the Executive Director determines that the applicant
is ineligible for a PIT for one or more reasons listed under subsection
(b)(1)(A) and (C) - (E) of this section, the applicant may appeal
that decision to the Licensure Committee before completing other licensure
requirements for a determination by the Committee solely regarding
issues raised by the determination of ineligibility. If the Committee
overrules the determination of the Executive Director, the applicant
may then provide additional information to complete the application,
which must be analyzed by board staff and approved before a license
may be issued.
(2) Physician-in-Training Permit Application. An application
for a physician-in-training permit must be on forms furnished by the
board and include the following:
(A) the required fee as mandated in the Medical Practice
Act, §153.051 and as construed in board rules;
(B) certification by the postgraduate training program:
(i) for a Texas postgraduate training program, a certification
must be completed by the director of medical education, the chair
of graduate medical education, the program director, or, if none of
the previously named positions is held by a Texas licensed physician,
the Texas Licensed supervising physician of the postgraduate training
program on a form provided by the board that certifies that:
(I) the program meets the definition of an approved
postgraduate training program in subsection (a)(1), (a)(2), and (a)(4)
of this section;
(II) the applicant has met all educational and character
requirements established by the program and has been accepted into
the program; and
(III) the program has received a letter from the dean
of the applicant's medical school that states that the applicant is
scheduled to graduate from medical school before the date the applicant
plans to begin postgraduate training, if the applicant has not yet
graduated from medical school.
(ii) if the applicant is completing rotations in Texas
as part of the applicant's residency out-of-state training program
or with the military:
(I) a certification must be completed by the director
of medical education, the chair of graduate medical education, the
program director, or, if none of the previously named positions is
held by a physician licensed in any state, the supervising physician,
licensed in any state, of the postgraduate training program on a form
provided by the board that certifies that:
(-a-) the program meets the definition of an approved
postgraduate training program in subsection (a)(1), (a)(2), and (a)(4)
of this section;
(-b-) the applicant has met all educational and character
requirements established by the program and has been accepted into
the program;
(-c-) the program has received a letter from the dean
of the applicant's medical school which states that the applicant
is scheduled to graduate from medical school before the date the applicant
plans to begin postgraduate training, if the applicant has not yet
graduated from medical school; and
(II) a certification by the Texas Licensed physician
supervising the Texas rotations of the postgraduate training program
on a form provided by the board that certifies:
(-a-) the facility at which the rotations are being
completed;
(-b-) the dates the rotations will be completed in
Texas; and
(-c-) that the Texas on-site preceptor physician will
supervise and be responsible for the applicant during the rotation
in Texas;
(C) arrest records. If an applicant has ever been arrested,
a copy of the arrest and arrest disposition must be requested from
the arresting authority by the applicant and said authority must submit
copies directly to the board;
(D) medical records for inpatient treatment for alcohol/substance
disorder, mental illness, and physical illness. Each applicant who
has been admitted to an inpatient facility within the last five years
for the treatment of alcohol/substance disorder, mental illness (recurrent
or severe major depressive disorder, bipolar disorder, schizophrenia,
schizoaffective disorder, or any severe personality disorder), or
a physical illness that impairs or has impaired the applicant's ability
to practice medicine, shall submit documentation to include, but not
limited to:
(i) an applicant's statement explaining the circumstances
of the hospitalization;
(ii) all records, submitted directly from the inpatient
facility;
(iii) a statement from the applicant's treating physician/psychotherapist
as to diagnosis, prognosis, medications prescribed, and follow-up
treatment recommended; and
(iv) a copy of any contracts signed with any licensing
authority or medical society or impaired physician's committee;
(E) medical records for outpatient treatment for alcohol/substance
disorder, mental illness, or physical illness. Each applicant that
has been treated on an outpatient basis within the last five years
for alcohol/substance abuse, mental illness (recurrent or severe major
depressive disorder, bipolar disorder, schizophrenia, schizoaffective
disorder, or any severe personality disorder), or a physical illness
that impairs or has impaired the applicant's ability to practice medicine,
shall submit documentation to include, but not limited to:
(i) an applicant's statement explaining the circumstances
of the outpatient treatment;
(ii) a statement from the applicant's treating physician/psychotherapist
as to diagnosis, prognosis, medications prescribed, and follow-up
treatment recommended; and
(iii) a copy of any contracts signed with any licensing
authority or medical society or impaired physician's committee;
(F) an oath on a form provided by the board attesting
to the truthfulness of statements provided by the applicant;
(G) such other information or documentation the board
and/or the executive director deem necessary to ensure compliance
with this chapter, the Medical Practice Act and board rules.
(3) Physician-in-Training Application for Rotator PITs.
If the applicant is enrolled in postgraduate training program that
is outside of Texas, and requests a permit to complete a rotation
in Texas that is less than 60 consecutive days as part of an approved
postgraduate training, the applicant must submit all documents listed
in paragraph (2) of this subsection except that the applicant shall
not be required to submit medical records as listed in paragraph (2)(D)
and (E) of this subsection.
(d) Expiration of Physician-in-Training Permit.
(1) Physician-in-Training permits shall be issued with
effective dates corresponding with the beginning and ending dates
of the postgraduate resident's training program as reported to the
board by the program director.
(2) Physician-in-training permits shall expire on any
of the following, whichever occurs first:
(A) on the reported ending date of the postgraduate
training program;
(B) on the date a postgraduate training program terminates
or otherwise releases a permit holder from its training program; or
(C) on the date the permit holder obtains full, temporary,
or limited licensure, or temporary licensure pending full, limited,
or other temporary licensure pursuant to §155.002 of the Act.
(3) Physician-in-training permit holders who are issued
permits on or after April 1, 2005, and who require extensions to remain
in a training program after a program's reported ending date must
submit a written request to the board and fee, if required, along
with a statement by the program director authorizing the request for
the extension. Such extensions shall be granted at the discretion
of the board's executive director and may not be for longer than 90
days unless good cause is shown.
(e) The executive director of the board may, in his/her
discretion, issue a temporary physician-in-training permit to an applicant
if the applicant and the postgraduate training program have submitted
written requests. The executive director, in his/her discretion, will
determine the length of the permit and may issue additional temporary
physician-in-training permits to an applicant.
|
| Source Note: The provisions of this §171.3 adopted to be effective November 7, 2004, 29 TexReg 10107; amended to be effective June 29, 2006, 31 TexReg 5100; amended to be effective August 10, 2008, 33 TexReg 6134; amended to be effective November 29, 2009, 34 TexReg 8532; amended to be effective May 15, 2012, 37 TexReg 3582; amended to be effective December 23, 2012, 37 TexReg 9773; amended to be effective July 7, 2016, 41 TexReg 4826; amended to be effective November 26, 2017, 42 TexReg 6511 |
