The Texas State Board of Medical Examiners proposes an amendment to §187.2 and §187.31, the repeal of §§187.26-187.28 and new §187.26 and §187.27, concerning Procedural Rules. The amendments, repeals and new rules regard default judgments by the Board in SOAH administrative proceedings.

Michele Shackelford, General Counsel, Texas State Board of Medical Examiners, has determined that for the first five-year period the rules are in effect there will be no fiscal implications to state or local government as a result of enforcing the rules as proposed.

Ms. Shackelford also has determined that for each year of the first five years the rules as proposed are in effect the public benefit anticipated as a result of enforcing the sections will be clarification of the procedures to be followed regarding service in SOAH proceedings and peer review proceedings. There will be no effect on small or micro businesses. There will be no effect to individuals required to comply with the section as proposed.

Comments on the proposal may be submitted to Colleen Klein, P.O. Box 2018, Austin, Texas 78768-2018. A public hearing will be held at a later date.

The amendment is proposed under the authority of the Occupations Code Annotated, §153.001, which provides the Texas State Board of Medical Examiners to adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine in this state; and enforce this subtitle.

The following are affected by the proposed amendment: Texas Occupations Code Annotated, §§164.002 and 164.007 and 164.004-.006 and Govt Code 2001.056 and 2001.051 and 2001.141 and 2001.052.