The Texas Medical Board (Board) adopts amendments to Subchapter A: General Provisions and Definitions, §187.2 concerning Definitions and §187.6 concerning Appearances Personally or by Representative; and Subchapter B: Informal Board Proceedings, §187.16, concerning Informal Show Compliance (ISC) Information and Notices. The amendments to §§187.2, 187.6, and 187.16 are being adopted without changes to the proposed text as published in the July 23, 2021, issue of the Texas Register (46 TexReg 4433). The adopted amendments to §§187.2, 187.6, and 187.16 will not be republished.

Amendments to §187.2, Definitions, §187.6, Appearances Personally or by Representative, and §187.16, Informal Show Compliance (ISC) Information and Notices are adopted as follows:

§187.2(6), relating to Definitions, adds a definition of "appear/appearance."

§187.6, relating to Appearances Personally or by Representative and §187.16, relating to Informal Show Compliance (ISC) Information and Notices, were amended to incorporate consistent usage of the term "appear" and "appearance.

The Board received written comments from the Texas Medical Association (TMA) regarding the proposed amendments to §§187.2, 187.6, 187.16 and a representative from TMA appeared to testify regarding the amendments to §§187.2, 187.6, 187.16 at the public hearing on August 20, 2021. A summary of comments relating to §§187.2, 187.6, 187.16, and the Board responses, are as follows.

TMA supports the proposed change to allow a licensee to appear at an ISC proceeding via videoconference or teleconference but asks that the Board retain an "in-person" option for appearance when it is safe to do so.

The Board's response: The Board understands but maintains that videoconference or teleconference ISCs provide 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 and is more effective and cost efficient for all parties involved.

TMA also requests that the Board to allow an exception to the 15-day deadline to request a teleconference meeting for "good cause" to ensure the physician is not unfairly penalized for circumstances outside the physician's reasonable control, such as technological issues.

The Board's response: The definition does not require 15-day notice of a respondent's inability to utilize videoconference and states only provides that if a respondent is aware that videoconference is not a feasible option, they may request a teleconference. In the event respondent does not request a teleconference at least 15 days prior to the ISC, such cases can be considered on a case-by-case "good-cause" basis to ensure due process for respondents.

TMA requests that the Board include "or authorized representative, or both" in the definition for "appear/appearance" in §187.2(6), in order to clarify that an authorized representative may also request teleconference.

The Board's response: The Board declines TMA's request to include additional language in §187.2(6) as such language is already included in §187.6(a), with regard to representation and appearance, and such is an integral function of legal representation.

For these reasons, the Board declines TMA's requests for additional changes and adopts the amendments to the proposed text for §§187.2, 187.6, 187.16 as published in the July 23, 2021, issue of the Texas Register (46 TexReg 4433).

The amendments are adopted 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.