TITLE 22. EXAMINING BOARDS

PART 9. TEXAS MEDICAL BOARD

CHAPTER 163. LICENSURE

22 TAC §163.13

The Texas Medical Board (Board) adopts amendments to Title 22, Part 9, §163.13, concerning Expedited Licensure with non-substantive changes, described below, to the proposed text as published in the November 8, 2019, issue of the Texas Register (44 TexReg 6666). The rule will be republished.

Deletions in text of section (c) were made because the language was an unnecessary statement of intent.

The Board has determined that the public benefit anticipated as a result of enforcing this adoption will be to allow for qualified and experienced physicians who have practiced successfully in other states to obtain expedited licensure in Texas.

The adopted amendment to §163.13, relating to Expedited Licensure is amended to implement a legislative mandate in H.B. 1504 (86th Regular Legislative Session) requiring the Board to develop an expedited licensing process for certain applicants who also hold an out-of-state license in good standing.

No written comments were received. No one appeared in person to testify regarding the rules at the public hearing on December 6, 2019.

The amendments are adopted under the authority of the Texas Occupations Code Annotated, 155.0561, which provides authority for the Board to adopt rules necessary to administer and enforce the Medical Practice Act.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 16, 2019.

TRD-201904834

Scott Freshour

General Counsel

Texas Medical Board

Effective date: January 5, 2020

Proposal publication date: November 8, 2019

For further information, please call: (512) 305-7016


CHAPTER 182. USE OF EXPERTS

The Texas Medical Board (Board) adopts amendments to 22 TAC §182.1, concerning Purpose, §182.3, concerning Definitions, §182.5, concerning Expert Panel Qualifications, §182.8, concerning Expert Physician Reviewers and the repeal of §§182.2, 182.4, 182.6, 182.7, without changes to the proposed text as published in the November 1, 2019, issue of the Texas Register (44 TexReg 6491). The rules will not be republished.

The Board has determined that the public benefit anticipated as a result of enforcing this adoption will be to provide greater information and due process to regulated licensees when addressing allegations of violations related to standard of care and other statutory violations.

Amendments and repeals in Chapter 182 are adopted as follows:

Section 182.1, relating to Purpose, is amended to clarify the scope of the rule and its applicability.

Section 182.2, relating to Board's Role, is repealed.

Section 182.3, relating to Definitions, is amended to clarify definitions relating to role, purpose, and scope of various professionals utilized by the board.

Section 182.4, relating to Use of Consultants, is repealed.

Section 182.5, relating to Expert Panel, is renamed "Expert Reviewer Qualifications" and amended to delete obsolete language and to change the order of identified certifying boards.

Section 182.6, relating to Use of Expert Witnesses, is repealed.

Section 182.7, relating to Interim Appointment, is repealed.

Section 182.8, relating to Expert Physician Reviewers, is amended to delete obsolete language regarding the processes and procedures applicable to the expert physician reviewers. The amendments to §182.8 implement the legislative mandate passed in HB 1504 (86th Regular Legislative Session) relating to expert panel reports and providing each reviewer report to the affected licensee and the content of each report. This amendment also adds language requiring notice to the panel when a case involves Complementary and Alternative Medicine.

No written comments were received and no one appeared in person to testify regarding the rules at the public hearing on December 6, 2019.

22 TAC §§182.1, 182.3, 182.5, 182.8

The amendments are adopted under the authority of the Texas Occupations Code Annotated, 153.001, which provides authority for the Board to adopt rules necessary to administer and enforce the Medical Practice Act.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 16, 2019.

TRD-201904835

Scott Freshour

General Counsel

Texas Medical Board

Effective date: January 5, 2020

Proposal publication date: November 1, 2019

For further information, please call: (512) 305-7016


22 TAC §§182.2, 182.4, 182.6, 182.7

The repeals are adopted under the authority of the Texas Occupations Code Annotated, 153.001, which provides authority for the Board to adopt rules necessary to administer and enforce the Medical Practice Act.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 16, 2019.

TRD-201904836

Scott Freshour

General Counsel

Texas Medical Board

Effective date: January 5, 2020

Proposal publication date: November 1, 2019

For further information, please call: (512) 305-7016