Texas Register

TITLE 22 EXAMINING BOARDS
PART 9TEXAS MEDICAL BOARD
CHAPTER 187PROCEDURAL RULES
SUBCHAPTER AGENERAL PROVISIONS AND DEFINITIONS
RULE §187.2Definitions
ISSUE 07/03/2020
ACTION Emergency
Preamble Texas Admin Code Rule

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

  (1)Act--Tex. Occ. Code Ann. Title 3 Subtitle B, for physicians; Tex. Occ. Code Ann. Chapter 204 for physician assistants; Tex. Occ. Code Ann. Chapter 205 for acupuncturists; and Tex. Occ. Code Ann. Chapter 206 for surgical assistants.

  (2)Address of record--The last mailing address of each licensee or applicant, as provided to the agency pursuant to the Act.

  (3)Administrative law judge (ALJ)--An individual appointed to preside over administrative hearings pursuant to the APA.

  (4)Agency--The divisions, departments, and employees of the Texas Medical Board, the Texas Physician Assistant Board, and the Texas State Board of Acupuncture Examiners.

  (5)APA--The Administrative Procedure Act, Texas Government Code, Chapter 2001 as amended.

   (6)Appear/Appearance--An opportunity to be heard at an Informal Show Compliance proceeding and settlement conference (ISC) via videoconference. A respondent who cannot utilize videoconference may request to appear via teleconference at least 15 days prior to the date of the appearance. Licensees are entitled to all substantive and procedural rights delineated in the Medical Practice Act.

  (7)[(6)] Applicant--A person seeking a license from the board.

  (8)[(7)] Attorney of record--A person licensed to practice law in Texas who has provided staff with written notice of representation.

  (9)[(8)] Authorized representative--A person who has been designated in writing by a party to represent the party at a board proceeding or an attorney of record.

  (10)[(9)] Board--The Texas Medical Board for physicians and surgical assistants, the Texas State Board of Acupuncture Examiners for acupuncturists, and the Texas Physician Assistant Board for physician assistants.

  (11)[(10)] Board member--One of the members of the board appointed pursuant to the Act.

  (12)[(11)] Board proceeding--Any proceeding before the board or at which the board is a party to an action, including a hearing before SOAH.

  (13)[(12)] Board representative--A board member or district review committee member who sits on a panel at an informal proceeding.

  (14)[(13)] Complaint--Pleading filed at SOAH by the board alleging a violation of the Act, board rules, or board order. The word "complaint" is also used in this rule in the context of complaints made to the board as provided in §153.012 of the Act.

  (15)[(14)] Contested case--A proceeding, including but not restricted to licensing, in which the legal rights, duties, or privileges of a party are to be determined by the board after an opportunity for an administrative hearing to be held at SOAH.

  (16)[(15)] Default Order--A board order in which the factual allegations against a party are deemed admitted as true upon the party's failure to file a timely answer to a Complaint or to appear at a properly noticed SOAH hearing.

  (17)[(16)] Executive director--The executive director of the agency, the authorized designee of the executive director, or the secretary of the board if and whenever the executive director and authorized designee are unavailable.

  (18)[(17)] Formal board proceeding--Any proceeding requiring action by the board, including a temporary suspension hearing.

  (19)[(18)] Group practice--Any business entity, including a partnership, professional association, or corporation, organized under Texas law and established for the purpose of practicing medicine in which two or more physicians licensed in Texas are members of the practice.

  (20)[(19)] Informal board proceeding--Any proceeding involving matters before the board prior to the filing of a pleading at SOAH, to include, but not limited to show compliance proceedings, eligibility determinations, and informal resolutions.

  (21)[(20)] Informal show compliance proceeding and settlement conference (ISC)--A board proceeding that provides a licensee the opportunity to demonstrate compliance with all requirements of the Act and board rules and an opportunity to enter into an agreed settlement.

  (22)[(21)] License--Includes the whole or part of any board permit, certificate, approval, registration or similar form of permission authorized by law.

  (23)[(22)] Licensee--Any person to whom the agency has issued a license, permit, certificate, approval, registration or similar form of permission authorized by law.

  (24)[(23)] Licensing--The agency process relating to the granting, denial, renewal, cancellation, limitation, or reissuance of a license.

  (25)[(24)] Party--The board and each person named or admitted as a party in a SOAH hearing or contested case before the board.

  (26)[(25)] Person--Any individual, partnership, corporation, association, governmental subdivision, or public or private organization.

  (27)[(26)] Petition--Pleading filed at SOAH by an applicant appealing the board's denial of licensure.

  (28)[(27)] Pleading--A written document that requests procedural or substantive relief, makes claims, alleges facts, makes legal arguments, or otherwise addresses matters involved in a board proceeding.

  (29)[(28)] Presiding officer--The president of the board or the duly qualified successor of the president or other person presiding over a board proceeding.

  (30)[(29)] Probationer--A licensee who is under a board order.

  (31)[(30)] Probationer show compliance proceeding--A board proceeding that provides a probationer the opportunity to demonstrate compliance with the Act, board rules, and board order prior to the board finding that a probationer is in noncompliance with the probationer's order.

  (32)[(31)] Register--The Texas Register.

  (33)[(32)] Rehabilitation Order--An agreed order entered pursuant to the authority of §164.201 of the Act.

  (34)[(33)] Remedial plan--A nondisciplinary settlement agreement entered into pursuant to §164.0015 of the Act.

  (35)[(34)] Respondent--A licensee or applicant who is the subject of disciplinary, non-disciplinary, or rehabilitative action by the board.

  (36)[(35)] Rule--Any agency statement of general applicability that implements, interprets, or prescribes law or policy, or describes the procedures or practice requirements of this board. The term includes the amendment or repeal of a prior section but does not include statements concerning only the internal management or organization of the agency and not affecting private rights or procedures. This definition includes substantive regulations.

  (37)[(36)] Secretary--The secretary-treasurer of the board.

  (38)[(37)] SOAH--The State Office of Administrative Hearings.

  (39)[(38)] SOAH hearing--A public adjudication proceeding at SOAH.

  (40)[(39)] SOAH rules--1 Texas Administrative Code §155.1 et seq.

  (41)[(40)] Texas Public Information Act--Texas Government Code, Chapter 552.

  (42)[(41)] Witness--Any person offering testimony or evidence at a board proceeding.

The agency certifies that legal counsel has reviewed the emergency adoption and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 24, 2020

TRD-202002527

Scott Freshour

General Counsel

Texas Medical Board

Effective date: June 24, 2020

Expiration date: October 21, 2020

For further information, please call: (512) 305-7016



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