| to submit a written response to the board indicating
one of those two options. If the applicant does not within 20 days
of receipt of such notice submit a response either accepting the determination
of ineligibility or providing notice of his or her intent to appeal
the determination of ineligibility, the lack of such response shall
be deemed as the applicant's acceptance of the board's ineligibility
determination. If the applicant timely notifies the board of his or
her intent to appeal the board's ineligibility determination to SOAH,
a contested case before SOAH will be initiated only in accordance
with §187.24 of this title (relating to Pleadings). The applicant
shall comply with all other provisions relating to formal proceedings
as set out in this title Chapter 187 Subchapter C (relating to Formal
Board Proceedings at SOAH). If the applicant does not timely comply
with such provisions, or if prior to the initiation of a contested
case at SOAH, the applicant withdraws his or her notice of intent
to appeal the board's ineligibility determination to SOAH, the applicant's
failure to take timely action or withdrawal shall be deemed acceptance
of the board's ineligibility determination. The committee may refer
any application for determination of eligibility to the full board.
All reports received or gathered by the board on each applicant are
confidential and are not subject to disclosure under the Public Information
Act. The board may disclose such reports to appropriate licensing
authorities in other states.
(e) Applicants for licensure:
(1) whose applications have been filed with the board
in excess of one year will be considered expired. Any fee previously
submitted with that application shall be forfeited unless otherwise
provided by §175.5 of this title (relating to Payment of Fees
or Penalties). Any further request for licensure will require submission
of a new application and inclusion of the current licensure fee. An
extension to an application may be granted under certain circumstances,
including:
(A) Delay by board staff in processing an application;
(B) Application requires Licensure Committee review
after completion of all other processing and will expire prior to
the next scheduled meeting;
(C) Licensure Committee requires an applicant to meet
specific additional requirements for licensure and the application
will expire prior to deadline established by the Committee;
(D) Applicant requires a reasonable, limited additional
period of time to obtain documentation after completing all other
requirements and demonstrating diligence in attempting to provide
the required documentation;
(E) Applicant is delayed due to unanticipated military
assignments, medical reasons, or catastrophic events;
(2) who in any way falsify the application may be required
to appear before the board;
(3) on whom adverse information is received by the
board may be required to appear before the board;
(4) shall be required to comply with the board's rules
and regulations which are in effect at the time the completed application
form and fee are filed with the board;
(5) may be required to sit for additional oral or written
examinations that, in the opinion of the board, are necessary to determine
competency of the applicant;
(6) must have the application of licensure complete
in every detail 20 days prior to the board meeting in which they are
considered for licensure. Applicants may qualify for a Temporary License
prior to being considered by the board for licensure, as required
by §185.7 of this title (relating to Temporary License);
(7) who previously held a Texas health care provider
license, certificate, permit, or registration may be required to complete
additional forms as required.
(f) Alternative License Procedure for Military Service
Members, Military Veterans, and Military Spouses.
(1) An applicant who is a military service member,
military veteran, or military spouse may be eligible for alternative
demonstrations of competency for certain licensure requirements. Unless
specifically allowed in this subsection, an applicant must meet the
requirements for licensure as specified in this chapter.
(2) To be eligible, an applicant must be a military
service member, military veteran, or military spouse and meet one
of the following requirements:
(A) holds an active unrestricted physician assistant
license issued by another state that has licensing requirements that
are substantially equivalent to the requirements for a Texas physician
assistant license; or
(B) within the five years preceding the application
date held a physician assistant license in this state.
(3) The executive director may waive any prerequisite
to obtaining a license for an applicant described in this subsection
after reviewing the applicant's credentials.
(4) Applications for licensure from applicants qualifying
under paragraphs (1) and (2) of this subsection shall be expedited
by the board's licensure division. Such applicants shall be notified,
in writing or by electronic means, as soon as practicable, of the
requirements and process for renewal of the license.
(5) Alternative Demonstrations of Competency Allowed.
Applicants qualifying under paragraphs (1) and (2) of this subsection:
(A) in demonstrating compliance with subsection (d)
of this section must only provide sufficient documentation to the
board that the applicant has, on a full-time basis, actively practiced
as a physician assistant, has been a student at an acceptable approved
physician assistant program, or has been on the active teaching faculty
of an acceptable approved physician assistant program, within one
of the last three years preceding receipt of an Application for licensure;
(B) notwithstanding the one year expiration in subsection
(e)(1) of this section, are allowed an additional 6 months to complete
the application prior to it becoming inactive; and
(C) notwithstanding the 20 day deadline in subsection
(e)(6) of this section, may be considered for permanent licensure
up to 5 days prior to the board meeting.
(g) Applicants with Military Experience.
(1) For applications filed on or after March 1, 2014,
the Board shall, with respect to an applicant who is a military service
member or military veteran as defined in §185.2 of this title
(relating to Definitions), credit verified military service, training,
or education toward the licensing requirements, other than an examination
requirement, for a license issued by the Board.
(2) This section does not apply to an applicant who:
(A) has had a physician assistant license suspended
or revoked by another state or a Canadian province;
(B) holds a physician assistant license issued by another
state or a Canadian province that is subject to a restriction, disciplinary
order, or probationary order; or
(C) has an unacceptable criminal history.
(h) Re-Application for Licensure Prohibited. A person
who has been determined ineligible for a license by the Licensure
Committee may not reapply for a license prior to the expiration of
one year from the date of the Board's ratification of the Licensure
Committee's determination of ineligibility and denial of licensure.
|
| Source Note: The provisions of this §185.4 adopted to be effective January 12, 1996, 21 TexReg 109; amended to be effective December 12, 1996, 21 TexReg 11788; amended to be effective May 5, 1997, 22 TexReg 3654; amended to be effective September 15, 1997, 22 TexReg 8998; amended to be effective December 23, 1997, 22 TexReg 12492; amended to be effective September 21, 2000, 25 TexReg 9218; amended to be effective March 7, 2002, 27 TexReg 1488; amended to be effective November 3, 2002, 27 TexReg 10027; amended to be effective June 29, 2006, 31 TexReg 5105; amended to be effective August 9, 2009, 34 TexReg 5133; amended to be effective September 19, 2010, 35 TexReg 8354; amended to beeffective May 5, 2011, 36 TexReg 2728; amended to be effective May 13, 2012, 37 TexReg 3409; amended to be effective June 5, 2014, 39 TexReg 4255; amended to be effective May 17, 2015, 40 TexReg 2534; amended to be effective January 3, 2016, 40 TexReg 9640; amended to be effective September 26, 2016, 41 TexReg 7484; amended to be effective July 19, 2018, 43 TexReg 4747; amended to be effective September 8, 2019, 44 TexReg 4729 |
