The Texas Medical Board (Board) proposes amendments to 22 TAC §§187.2(6), 187.6 and 187.16, relating to Definitions, Appearances Personally or by Representative, and Informal Show Compliance (ISC) Information and Notices, respectively, effective immediately upon filing.

The amendments to §187.2(6) adds a definition of "appear/appearance." The amendments to §187.6 and §187.16 are conforming amendments to incorporate consistent usage of the term "appear" and "appearance."

Scott Freshour, General Counsel for the Texas Medical Board, has determined that, for each year of the first five years the proposed amendments are in effect, the public benefit anticipated as a result of enforcing the proposed amendments will be to facilitate continuity of operations of the Texas Medical Board with respect to the resolution of complaint investigations, which is an essential function of the Board, while still providing an adequate means for licensees and their representatives to respond to and address alleged violations of the Medical Practice Act and other applicable laws regarding the practice of medicine through the statutorily required ISC process. In addition, the rules eliminate unnecessary expenditure of state funds and have proven to be an efficient means of conducting these proceedings for all parties involved. The rules also provide adequate means for licensees and their representatives to respond to and address alleged violations of laws regarding the practice of medicine through the statutory ISC process.

Mr. Freshour has also determined that for the first five-year period the proposed amendments are in effect, there will be no fiscal impact or effect on government growth as a result of enforcing the proposed amendments.

Mr. Freshour has also determined that for the first five-year period these proposed amendments are in effect there will be no probable economic cost to individuals required to comply with these proposed amendments.

Pursuant to Texas Government Code §2006.002, the agency provides the following economic impact statement for these proposed amendments and determined that for each year of the first five years the proposed amendments will be in effect, there will be no effect on small businesses, micro businesses, or rural communities. The agency has considered alternative methods of achieving the purpose of the proposed amendments and found none.

Pursuant to Texas Government Code §2001.024(a)(4), Mr. Freshour certifies that this proposal has been reviewed and the agency has determined that for each year of the first five years the proposed amendments are in effect:

(1) there is no additional estimated cost to the state or to local governments expected as a result of enforcing or administering the proposed amendments;

(2) there is an estimated reduction in costs to the state or to local governments as a result of enforcing or administering the proposed amendments, as described above;

(3) there is no estimated loss or increase in revenue to the state or to local governments as a result of enforcing or administering the proposed amendments; and

(4) there is no foreseeable implication relating to cost or revenues of the state or local governments with regard to enforcing or administering the proposed amendments, except the travel savings as described above.

Pursuant to Texas Government Code §2001.024(a)(6) and §2001.022, the agency has determined that for each year of the first five years the proposed amendments will be in effect, there will be no effect on local economy and local employment.

Pursuant to Government Code §2001.0221, the agency provides the following Government Growth Impact Statement for the proposed amendments. For each year of the first five years the proposed amendments will be in effect, Mr. Freshour has determined the following:

(1) The proposed amendments do not create or eliminate a government program.

(2) Implementation of the proposed amendments do not require the creation of new employee positions or the elimination of existing employee positions.

(3) Implementation of the proposed amendments do not require an increase or decrease in future legislative appropriations to the agency.

(4) The proposed amendments do not require an increase or decrease in fees paid to the agency.

(5) The proposed amendments do not create new regulations.

(6) The proposed amendments do not repeal existing regulations as described above. The proposed amendments do not expand or limit an existing regulation.

(7) The proposed amendments do not increase the number of individuals subject to the rules' applicability.

(8) The proposed amendments do not positively or adversely affect this state's economy.

Comments on the proposals may be submitted to Rita Chapin, P.O. Box 2018, Austin, Texas 78768-2018, or e-mail comments to: rules.development@tmb.state.tx.us. A public hearing will be held at a later date.

The amendments are proposed under the authority of Texas Occupations Code §§153.001, which provides authority for the Board to adopt rules necessary to administer and enforce the Medical Practice Act and to adopt rules necessary to regulate and license physicians.

Other statutes affected by this rule are Chapters 151 and 164 of the Texas Occupations Code.