The following words and terms, when used in this chapter, shall
have the following meanings, unless the context clearly indicates
(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
(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
|(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
(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
(33)[ (32)] Rehabilitation Order--An
agreed order entered pursuant to the authority of §164.201 of
(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
(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
of the Secretary of State on January 14, 2021
Texas Medical Board
Effective date: January 14, 2021
Expiration date: May 13, 2021
For further information, please call: (512) 305-7016