: Texas Register

Texas Register

TITLE 22	EXAMINING BOARDS
PART 9	TEXAS STATE BOARD OF MEDICAL EXAMINERS
CHAPTER 187	PROCEDURAL RULES
SUBCHAPTER F	TEMPORARY SUSPENSION PROCEEDINGS
RULE §187.57	Charge of the Disciplinary Panel
ISSUE	09/05/2003
ACTION	Proposed

Preamble

Texas Admin Code Rule

(a)The disciplinary panel shall determine from the evidence or information presented to it whether a person's continuation in practice constitutes a continuing threat to the public welfare.

(b)If the disciplinary panel determines that a person's continuation in practice would constitute a continuing threat to the public welfare, the disciplinary panel shall temporarily suspend or restrict the license of that person.

(c)In accordance with the Act, §151.002(a)(2), "continuing threat to the public welfare," means a real [~~and present~~] danger to the health of a physician's patients or the public caused through the physician's lack of competence, impaired status, or failure to care adequately for the physician's patients. A real [~~and present~~] danger exists if patients have an exposure to or risk of injury that is not merely abstract, hypothetical or remote and is based on actual actions or inactions of the physician. Information that the physician has committed similar actions or inactions in the past shall be considered by the disciplinary panel in determining whether the physician poses a continuing threat to commit such actions or inactions in the future.

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 August 25, 2003

TRD-200305483

Donald W. Patrick, MD, JD

Executive Director

Texas State Board of Medical Examiners

Earliest possible date of adoption: October 5, 2003

For further information, please call: (5112) 305-7016

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