When substantiated by credible evidence, the following acts, practices, and conduct are considered to be violations of the Act. The following shall not be considered an exhaustive or exclusive listing. (1)Practice Inconsistent with Public Health and Welfare. Failure to practice in an acceptable professional manner consistent with public health and welfare within the meaning of the Act includes, but is not limited to: (A) - (M)(No change.) (N)Failure to follow standard procedures necessary to make a reasoned medical decision in the assessment and/or determination of the medical necessity of treatment for another individual, entity, or organization, including: (i)reviewing relevant information that is reasonably available; (ii)communicating with the treating physician as reasonably necessary to clarify information; (iii)consulting with another physician with appropriate expertise, if the case includes issues that are outside the expertise of the physician reviewer; and (iv)documenting a reasoned medical analysis. (O)providing on-call back-up by a person who is not licensed to practice medicine in this state or who does not have adequate training and experience. (2)Unprofessional and Dishonorable Conduct. Unprofessional and dishonorable conduct that is likely to deceive, defraud, or injure the public within the meaning of the Act includes, but is not limited to: (A) - (O)(No change.) [(P)failing to report suspected abuse of a patient by a third party, when the report of that abuse is required by law;] (P) [(Q)] behaving in a disruptive manner toward licensees, hospital personnel, other medical personnel, patients, family members or others that interferes with patient care or could be reasonably expected to adversely impact the quality of care rendered to a patient; (Q) [(R)] entering into any agreement whereby a licensee, peer review committee, hospital, medical staff, or medical society is restricted in providing information to the board; and (R) [(S)] commission of the following violations of federal and state laws whether or not there is a complaint, indictment, or conviction: (i)any felony; (ii)any offense in which assault or battery, or the attempt of either is an essential element; (iii)any criminal violation of the Medical Practice Act or other statutes regulating or pertaining to the practice of medicine; (iv)any criminal violation of statutes regulating other professions in the healing arts that the licensee is licensed in; (v)any misdemeanor involving moral turpitude as defined by paragraph (6) of this section; (vi)bribery or corrupt influence; (vii)burglary; (viii)child molestation; (ix)kidnapping or false imprisonment; (x)obstruction of governmental operations; (xi)public indecency; and (xii)substance abuse or substance diversion. (S)contacting or attempting to contact a complainant or witness regarding an investigation by the board for purposes of intimidation. It is not a violation for a licensee under investigation to have contact with a complainant or witness if the contact is in the normal course of business and unrelated to the investigation. (3) - (6)(No change.)
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal
authority
to adopt.
Filed with the Office of
the Secretary of State on April 23, 2007
TRD-200701525 Donald W. Patrick, MD, JD
Executive Director
Texas Medical Board
Earliest possible date of adoption: June 3, 2007
For further information, please call: (512) 305-7016
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