| (a) Definitions.
(1) Approved Postgraduate Training Program--A clearly
defined and delineated postgraduate medical education training program,
including postgraduate subspecialty training programs, approved by
the Accreditation Council for Graduate Medical Education (ACGME),
the American Osteopathic Association (AOA), the Committee on Accreditation
of Preregistration Physician Training Programs, the Federation of
Provincial Medical Licensing Authorities of Canada (internships prior
to 1994), the Royal College of Physicians and Surgeons of Canada,
or the College of Family Physicians of Canada.
(2) Board-approved Fellowship--A clearly defined and
delineated postgraduate subspecialty-training program approved by
the Texas Medical Board under §171.4 of this title.
(3) Designated Institutional Official (DIO)--The individual
in a sponsoring graduate medical education institution who has the
authority and responsibility for the graduate medical education programs.
(4) Fellowship--A subspecialty training program of
graduate medical education for postgraduate residents who have completed
the requirements for eligibility for first board certification in
the specialty and that is approved by the Accreditation Council for
Graduate Medical Education (ACGME), the American Osteopathic Association
(AOA), a member board of the American Board of Medical Specialties
(ABMS), or a member board of the Bureau of Osteopathic Specialists
(BOS).
(5) Postgraduate Resident--A physician who is in postgraduate
training as an intern, resident, or fellow in an approved postgraduate
training program or a board-approved fellowship.
(6) Physician-in-Training Permit--
(A) A physician-in-training permit is a permit issued
by the board in its discretion to a physician who does not hold a
license to practice medicine in Texas and is enrolled in a training
program as defined in paragraphs (1), (2), and (4) of this subsection
in Texas, regardless of his/her postgraduate year (PGY) status within
the program.
(B) The permit shall be effective for the length of
the postgraduate training program as reported by the training program.
(C) A physician-in-training permit is valid only for
the practice of medicine within the training program for which it
was approved. If a permit holder enters into a new program that is
not covered by the issued permit, the permit shall be terminated and
the permit holder must apply for a new permit for the new program.
(D) A physician-in-training permit holder is restricted
to the supervised practice of medicine that is part of and approved
by the training program. The permit does not allow for the practice
of medicine that is outside of the approved program. Internal moonlighting
shall be considered additional optional training within the scope
of a training program, provided the internal moonlighting:
(i) occurs under the direction of a faculty member
that is associated with the training program;
(ii) is in compliance with the training requirements
established by an approved accrediting body recognized under paragraph
(1) of this subsection, including but not limited to requirements
for faculty supervision and work hour limitations; and
(iii) is in the same specialty as the training program
or approved by the program director as a training area related to
the specialty.
(7) Subspecialty-Training Program--A postgraduate training
program, also known as a fellowship, entered into after the completion
of a residency program that provides advanced graduate medical education
in a narrow field of study within a medical specialty.
(b) Qualifications of Physician-in-Training Permit
Holders.
(1) To be eligible for a physician-in-training permit,
an applicant must present satisfactory proof to the board that the
applicant:
(A) is at least 18 years of age;
(B) is of good professional character and has not violated §§164.051
- 164.053 of the Medical Practice Act;
(C) is a graduate of a medical school or has completed
a Fifth Pathway Program;
(D) has been accepted into an approved postgraduate
training program, a board-approved postgraduate fellowship training
program, or a fellowship meeting the criteria set forth in subsection
(a)(4) of this section; and
(E) has been credentialed by the postgraduate training
program to include verification by the program of:
(i) the applicant's identity; and
(ii) the applicant's character and academic qualifications
including verification of medical school graduation.
(2) To be eligible for a physician-in-training permit,
an applicant must not have:
(A) a medical license, permit, or other authority to
practice medicine that is currently restricted for cause, canceled
for cause, suspended for cause, revoked or subject to another form
of discipline in a state or territory of the United States, a province
of Canada, or a uniformed service of the United States;
(B) an investigation or proceeding pending against
the applicant for the restriction, cancellation, suspension, revocation,
or other discipline of the applicant's medical license, permit, or
authority to practice medicine in a state or territory of the United
States, a province of Canada, or a uniformed service of the United
States;
(C) a prosecution pending against the applicant in
any state, federal, or Canadian court for any offense that under the
laws of this state is a felony, a misdemeanor that involves the practice
of medicine, or a misdemeanor that involves a crime of moral turpitude.
(c) Application for Physician-in-Training Permit.
(1) Application Procedures.
(A) Applications for a physician-in-training permit
shall be submitted to the board no earlier than the 120th day prior
to the date the applicant intends to begin postgraduate training in
Texas to ensure the application information is not outdated. To assist
in the expedited processing of the application, the application should
be submitted as early as possible within the sixty-day window prior
to the date the applicant intends to begin postgraduate training in
Texas.
(B) The board may, in unusual circumstances, allow
substitute documents where exhaustive efforts on the applicant's part
to secure the required documents is presented. These exceptions shall
be reviewed by the board's executive director on a case-by-case basis.
(C) For each document presented to the board, which
is in a foreign language, an official word-for-word translation must
be furnished. The board's definition of an official translation is
one prepared by a government official, official translation agency,
or a college or university official, on official letterhead. The translator
must certify that it is a "true translation to the best of his/her
knowledge, that he/she is fluent in the language, and is qualified
to translate." He/she must sign the translation with his/her signature
notarized by a Notary Public. The translator's name and title must
be typed/printed under the signature.
(D) The board's executive director shall review each
application for training permit and shall approve the issuance of
physician-in-training permits for all applicants eligible to receive
a permit. The executive director shall also report to the board the
names of all applicants determined to be ineligible to receive a permit,
together with the reasons for each recommendation. The executive director
may refer any application to a committee or panel of the board for
review of the application for a determination of eligibility.
(E) An applicant deemed ineligible to receive a permit
by the executive director may request review of such recommendation
by a committee or panel of the board within 20 days of written receipt
of such notice from the executive director.
(F) If the committee or panel finds the applicant ineligible
to receive a permit, such recommendation together with the reasons
for the recommendation, shall be submitted to the board unless the
applicant makes a written request for a hearing within 20 days of
receipt of notice of the committee's or panel's determination. The
hearing shall be before an administrative law judge of the State Office
of Administrative Hearings and shall comply with the Administrative
Procedure Act, the rules of the State Office of Administrative Hearings
and the board. The board shall, after receiving the administrative
law judge's proposed findings of fact and conclusions of law, determine
the eligibility of the applicant to receive a permit. A physician
whose application to receive a permit is denied by the board shall
receive a written statement containing the reasons for the board's
action.
(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
Cont'd... |
