Texas Register

TITLE 22 EXAMINING BOARDS
PART 9TEXAS MEDICAL BOARD
CHAPTER 190DISCIPLINARY GUIDELINES
SUBCHAPTER BVIOLATION GUIDELINES
RULE §190.8Violation Guidelines
ISSUE 09/19/2008
ACTION Proposed
Rule Withdrawn: 03/13/2009
Preamble Texas Admin Code Rule

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) - (I)(No change.)

    (J)termination of patient care without providing reasonable notice to the patient of at least 30 days or otherwise obtaining the patient's consent to termination of care;

    (K) - (N)(No change.)

  (2) - (3)(No change.)

  (4)Disciplinary actions by peer groups. A voluntary relinquishment of privileges or a failure to renew privileges with a hospital, medical staff, or medical association or society while an investigation or a disciplinary action is pending or is on appeal constitutes disciplinary action that is appropriate and reasonably supported by evidence submitted to the board, within the meaning of section 164.051(a)(7) the Act.

  (5) - (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 September 8, 2008

TRD-200804788

Donald W. Patrick, MD, JD

Executive Director

Texas Medical Board

Earliest possible date of adoption: October 19, 2008

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



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