|(a) An applicant who has either requested to appear
before the licensure committee of the board or has elected to be
referred to the licensure committee of the board due to a determination
of ineligibility by the Executive Director in accordance with §163.4
of this title (relating to Procedural Rules for Licensure Applicants),
in lieu of withdrawing the application for licensure, may be subject
to a Disciplinary Licensure Investigation.
(b) "Disciplinary Licensure Investigation" means an
applicant's licensure file that has been referred to the licensure
committee for review.
(c) Determination by a Committee of the Board. Upon
review of Disciplinary Licensure Investigation, a committee of the
board may determine that the applicant is ineligible for licensure
or is eligible for licensure with or without conditions or restrictions,
eligible for licensure under a remedial plan, or defer its decision
pending further information.
(1) An applicant subject to a Disciplinary Licensure
Investigation who withdraws their request to appear before a committee
of the board shall have such withdrawal submitted to the full board
(2) An applicant, who fails to appear before the committee
of the board, shall be deemed a withdrawal, and such withdrawal shall
be submitted to the full board for ratification.
(3) Licensure with Terms and Conditions.
(A) If the committee determines that the applicant
should be granted a license under certain terms and conditions, based
on the applicant's commission of a prohibited act or failure to demonstrate
compliance with provisions under the Act or board rules, the committee,
as the board's representatives, shall propose an agreed order or
a remedial plan. The terms and conditions of the proposed agreed
order or remedial plan shall be submitted to the board for approval.
(B) Upon an affirmative majority vote of members present,
the board may approve the agreed order or remedial plan as proposed
by the committee or with modifications, and direct staff to present
the agreed order or remedial plan to the applicant.
(i) If the applicant agrees to the terms of the proposed
agreed order or remedial plan, the applicant may be licensed upon
the signing of the order or remedial plan by the applicant and the
president of the board or the president's designee, and passage of
the medical jurisprudence examination, if applicable.
(ii) If the applicant does not agree to the terms of
the proposed agreed order or remedial plan within 20 days of receipt
of the offer, the applicant shall be deemed ineligible for licensure
by the board.
(C) If the board does not approve the proposed agreed
order or remedial plan and by majority vote determines the applicant
ineligible for licensure, the applicant shall be so informed. The
board must specify their rationale for the rejection of the proposed
agreed order or remedial plan that shall be referenced in the minutes
of the board.
(4) Ineligibility Determination.
(A) If a committee of the board or the full board determines
that an applicant is ineligible for licensure, including deemed ineligibility
due to the applicant's failure to agree to the terms of the board's
proposed agreed order or remedial plan, the applicant shall be notified
of the committee's determination and given the option to:
(i) appeal the determination of ineligibility to the
State Office of Administrative Hearings (SOAH); or
(ii) accept the determination of ineligibility.
(B) An applicant has 20 days from the date the applicant
receives notice of the board's determination of ineligibility to
submit a written response to the board electing one of the two options
listed in subparagraph (A)(i) - (ii) of this paragraph. Applicant's
failure to respond to the board's notice of a determination of ineligibility
within 20 days shall be deemed acceptance by applicant of the board's
(C) If the applicant timely notifies the board of applicant's
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). Applicant
shall comply with all other provisions relating to formal proceedings
as set out in Subchapter C of this chapter (relating to Formal Board
Proceedings at SOAH).
(D) An application for licensure shall not expire while
the application is the subject of a contested case, however, applicants
shall be required to update any information that is a part of their
(E) If the applicant does not timely take action as
required in subparagraphs (A) and (B) of this paragraph or, prior
to the initiation of a contested case at SOAH, withdraws their intent
to appeal the board's ineligibility determination to SOAH, the committee's
determination of ineligibility shall be deemed acceptance by applicant
of the board's ineligibility determination.
|Source Note: The provisions of this §187.13 adopted to be effective January 6, 2002, 26 TexReg 10867; amended to be effective April 27, 2003, 28 TexReg 3326; amended to be effective November 30, 2003, 28 TexReg 10494; amended to be effective November 7, 2004, 29 TexReg 10113; amended to be effective January 20, 2009, 34 TexReg 340; amended to be effective December 25, 2011, 36 TexReg 8551; amended to be effective May 13, 2012, 37 TexReg 3409; amended to be effective August 3, 2014, 39 TexReg 5749; amended to be effective July 9, 2015, 40 TexReg 4354