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Texas Register Preamble


The Texas Medical Board (Board) adopts amendments to §187.3, concerning Computation of Time, §187.4, concerning Agreement to be in Writing, §187.13, concerning Informal Board Proceedings Relating to Licensure Eligibility, §187.14, concerning Informal Resolution of Disciplinary Issues Against a Licensee, §187.24, concerning Pleadings, §187.29, concerning Mediated Settlement Conferences, §187.59, concerning Evidence, §187.70, concerning Purposes and Construction, §187.71, concerning Hearing before a Panel of Board Representatives, §187.72, concerning Decision of the Panel and §187.73, concerning Termination of Suspension, without changes to the proposed text as published in the September 19, 2008, issue of the Texas Register (33 TexReg 7959) and will not be republished.

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 reference to Chapter 172, and updates 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 §187.24 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 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 and §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 adopts the rule review of Chapter 187, Procedural Rules.

Prior to publishing the proposed amendments, the Board sought stakeholder input through Stakeholder Groups, which made comments on the suggested changes to the rules at a meeting held on October 29, 2008. The comments were incorporated into the published proposed rules.

The Board received no public written comments and no one appeared to testify at the public hearing held on December 12, 2008.

The amendments are adopted under the authority of the Texas Occupations Code Annotated, §153.001 and §154.006, which provide 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.



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