The Texas State Board of Medical Examiners proposes an amendment to §174.3, concerning telemedicine. The amendment will allow the board to consider licensing a physician whose license from another state has been cancelled, suspended, or restricted for reasons other than disciplinary.

Bruce A. Levy, M.D., J.D., Executive Director, Texas State Board of Medical Examiners, has determined that for the first five-year period the amendment is in effect there will be no fiscal implications to state or local government as a result of enforcing or administering the section as proposed.

Dr. Levy also has determined that for each year of the first five years the section as proposed is in effect the public benefit anticipated as a result of enforcing the section will be the allowance of the board to consider licensing a physician whose license from another state has been cancelled, suspended, or restricted for reasons other than disciplinary. There will be no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the rule as proposed.

Comments on the proposal may be submitted to Pat Wood, P.O. Box 2018, MC-901, Austin, Texas 78768-2018. A public hearing will be held at a later date.

The amendment is proposed under the Medical Practice Act, Texas Civil Statutes, Article 4495b, §2.09(a), which provides the Texas State Board of Medical Examiners with the authority to make rules, regulations and bylaws not inconsistent with this Act as may be necessary for the governing of its own proceedings, the performance of its duties, the regulation of the practice of medicine in this state, and the enforcement of this Act.

The Occupations Code, §151.056 is affected by the proposed rule.