The Texas Medical Board proposes amendments to §§187.3, 187.4, 187.13, 187.14, 187.18, 187.24, 187.29, 187.59 and 187.70 - 187.73, concerning Procedural Rules.

The amendment to §187.3 clarifies that requirements regarding the computation of time may be made by statute or rule.

The amendment to §187.4 modernizes language used in the rule.

The amendment to §187.13 adds a reference to Chapter 172, and updates the term "Licensure with Restrictions" to "Licensure with "terms and conditions".

The amendment to §187.14 deletes "Administrative" as a modifier regarding informal resolution of violations.

The amendment to §187.18 recognizes right of a complainant to make a statement in an informal show compliance and settlement conference and clarifies alternatives that an ISC Panel may consider, adding recommendation of imposition of administrative penalty.

The amendment to §187.24 updates the name of the agency to Texas Medical Board.

The amendment to §187.29 clarifies abbreviation used in the rule.

The amendment to §187.59 adds additional language used in §2001.081, Texas Government Code.

The amendment to §187.70 adds, as a purpose of the rule regarding suspension by operation of law, the initial conviction of certain offenses.

The amendment to §187.71 adds conviction of certain offenses as a basis for a panel of the board ordering suspension by operation of law.

The amendment to §187.72 adds conviction of certain offenses as a basis for a panel of the board ordering suspension by operation of law.

The amendment to §187.73 requires a person who has been suspended by operation of law to show competence and safety to practice medicine as a requirement for terminating suspension.

Elsewhere in this issue of the Texas Register, the Texas Medical Board contemporaneously proposes the rule review of Chapter 187.

Robert D. Simpson, General Counsel, Texas Medical Board, has determined that for the first five-year period the sections are in effect there will be no fiscal implications to state or local government as a result of enforcing the sections as proposed. There will be no effect to individuals required to comply with the rules as proposed.

Mr. Simpson also has determined that for each year of the first five years the sections as proposed are in effect the public benefit anticipated as a result of enforcing the sections will be to clarify questions regarding the computation of time if the statute does not adequately clarify the issue, to bring the language of the rule up to date, to clarify the rule by providing a reference to Chapter 172 of the Board's Rules and provides a more precise term for issuing a license with an order, to eliminate the term "Administrative," which may be confusing in view of the Board adoption of a rule regarding the imposition of an administrative penalty, to assure that a complainant is treated equally with any other witness at an ISC and to recognize the Board's new rule regarding the imposition of an administrative penalty, to update the name of the agency, to clarify the rule by stating the full name of an item previously abbreviated, to provide the full text of the test for additional admissible evidence, and provided by the Administrative Procedure Act, to allow the Board to expeditiously enforce the statute that requires the Board to suspend a licensee's license upon initial conviction of certain crimes, to allow the Board to expeditiously enforce the statute that requires the Board to suspend a licensee's license upon initial conviction of certain crimes, to expeditiously enforce the statute that requires the Board to suspend a licensee's license upon initial conviction of certain crimes, and to assure that a licensee who has been suspended by operation of law will show that the licensee is competent and safe to practice medicine before the suspension may be terminated.

There will be no effect on small or micro businesses.

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

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

No other statutes, articles or codes are affected by the proposal.