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RULE §189.3Responsibilities of Probationers

(a) Comply with Terms and Conditions of Order or Remedial Plan. A probationer must comply with all terms and conditions of his or her order or remedial plan. If a probationer fails to comply with the terms and conditions of an order or remedial plan, the probationer shall be subject to agency review and action for non-compliance as set out in §189.8 of the title (relating to Procedures Concerning Non-Compliance).

(b) Document Continuing Medical Education (CME).

  (1) A probationer is solely responsible for providing acceptable documentation to demonstrate compliance with CME or other educational requirements under an order or remedial plan.

  (2) The following documentation will be acceptable to demonstrate compliance with CME requirements under an order or remedial plan:

    (A) a certificate of completion from any formal CME course taken as defined under §166.2(a)(1) of this title (relating to Continuing Medical Education);

    (B) a letter from the presenter(s) on letterhead sent directly from the author of the letter to the agency; or

    (C) a report of CME activities provided directly to the agency by a third party testing entity accredited by Accreditation Council for Continuing Medical Education and approved by the American Medical Association or American Osteopathic Association.

  (3) The following documentation is not acceptable to demonstrate compliance with a CME or other educational requirement:

    (A) a copy of attendance form;

    (B) answers from tests taken;

    (C) a letter sent by a probationer from an individual stating that the probationer was at a class; or

    (D) a listing of CME/ethics courses taken.

(c) Ensure Submission of Third Party Reports.

  (1) A probationer is solely responsible for ensuring that all reports are timely submitted to the agency by third parties.

  (2) In order to avoid a finding of non-compliance, a probationer must present evidence that the probationer made good faith efforts to ensure the timely submission of reports to the agency from third parties. Evidence may include, but is not limited to:

    (A) copies of certified letter(s) with proof of mail receipt, air-bill or shipping document receipt attached, which were sent directly to the third party requesting the report or document;

    (B) a copy of a receipt of payments for services rendered by third parties; or

    (C) objective evidence that the probationer has attempted to have a report submitted to the agency.

  (3) If the agency does not receive reports after a probationer has made good faith efforts to ensure such documentation is submitted by an approved third party, the Executive Director of the agency has the authority to revoke approval of that third party.

(d) Content of Third Party Reports. Reports by third parties must be accurate, honest, and address all subjects that are required as set forth in a probationer's order or remedial plan.

Source Note: The provisions of this §189.3 adopted to be effective May 9, 2002, 27 TexReg 3776; amended to be effective May 2, 2010, 35 TexReg 3280; amended to be effective September 30, 2012, 37 TexReg 7486

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