| (a) Any approval of a physician or other professional
to serve as a proctor, monitor, or supervisor or the approval of a
group practice or institutional setting required by an order shall
be given by the executive director or his or her designee.
(b) Approval of a physician or other professional required
by an order must meet all of the following criteria:
(1) board certification by a board certifying organization
that meets the requirements of §164.4 of this title (relating
to Board Certification);
(2) no economic relationship with probationer;
(3) no direct personal relationship with probationer;
(4) no more than three medical malpractice suits filed
and/or pending against the physician or other professional within
a five year period;
(5) no more than three resolved investigations by the
board against the physician or other professional within a five year
period; and
(6) no disciplinary history, pending investigations,
or formal SOAH complaints with the board.
(c) The criteria for approval of a group practice or
institutional setting required by an order may include a review of
the physicians connected with the group practice or institutional
setting utilizing the criteria set forth in subsection (b) of this
section.
(d) The executive director or his or her designee may
consider other factors in addition to those listed in subsection (b)
of this section.
(e) Upon receiving information that indicates a physician
or other professional acting as a probationer's proctor, monitor,
or supervisor, or one or more physicians in an approved group practice
or institutional setting no longer meet criteria under subsection
(b) of this section, or that other factors warrant withdrawal of approval
for such individuals or settings, the executive director or his or
her designee may withdraw approval for such a physician, professional,
group practice, or institutional setting.
(f) Upon notice of the withdrawal of approval for a
group practice or institutional setting, the probationer must cease
practicing medicine at the group practice or institutional setting
within 10 business days.
|
| Source Note: The provisions of this §189.11 adopted to be effective May 9, 2002, 27 TexReg 3776; amended to be effective September 30, 2012, 37 TexReg 7486; amended to be effective March 23, 2014, 39 TexReg 1932; amended to be effective March 27, 2018, 43 TexReg 1866 |
