TITLE 22. EXAMINING BOARDS

PART 9. TEXAS MEDICAL BOARD

CHAPTER 173. PHYSICIAN PROFILES

22 TAC §173.3

The Texas Medical Board (Board) adopts amendments to §173.3 concerning Physician-Initiated Updates. The amendments to §173.3 are being adopted with non-substantive changes to the proposed text as published in the March 18, 2022, issue of the Texas Register (47 TexReg 1412). The adopted amendments to §173.3 will be republished.

The amendments to §173.3 specify events that must be reported by a licensed physician to the Board within 30 days after the event. Specifically, the proposed amendments add events required to be contained in the physician's profile in accordance with §154.006 of the Act.

The Board received one comment from the Texas Medical Association (TMA) regarding the proposed amendments to §173.3. No one appeared to testify regarding the amendments to §173.3 at the public hearing on June 10, 2022. A summary of the comments relating to §173.3, and the Board responses, are as follows:

Comment No. 1: TMA generally supports the amendments. TMA also requests that TMB provide educational FAQs or bulletins to its licensees on the change, if adopted, so they are aware of the new reporting requirements. Also, TMA suggests the inclusion of potential disciplinary actions TMB is authorized to and might take if a licensee fails to timely report this information.

Board Response: The Board believes that the language as proposed is sufficient and appropriate. Accordingly, the Board declines this suggested change.

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. The amendments are also adopted pursuant to Texas Occupations Code §154.006, which provides authority for the Board to adopt rules necessary to ensure required information is placed on the physician's profile.

§173.3.Physician-Initiated Updates.

(a) Physicians are required to attest as to whether or not the physician's profile information is correct at the time of the physician's registration and to initiate correction of any incorrect information.

(b) Physicians should maintain current profile information by submitting updates and corrections as changes occur.

(c) The physician shall make necessary corrections and updates by submitting a profile update and correction form or by submitting it online if completing the registration via the internet.

(d) A physician shall report the following to the Board within 30 days after the event:

(1) Any change of mailing or practice address;

(2) Incarceration in a state or federal penitentiary;

(3) A description of any conviction for a felony, a Class A or Class B misdemeanor, or a Class C misdemeanor involving moral turpitude;

(4) A description of any charges reported to the board to which the physician has pleaded no contest, for which the physician is the subject of deferred adjudication or pretrial diversion, or in which sufficient facts of guilt were found and the matter was continued by a court;

(5) An initial finding by the trier of fact of guilt of a felony under:

(A) Chapter 481 or 483, Health and Safety Code (relating to offenses involving controlled substances and dangerous drugs);

(B) Section 485.033, Health and Safety Code (relating to offenses involving inhalant paraphernalia); or

(C) the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. §801 et seq.);

(6) Any disciplinary action issued by another state, territory, or nation against the physician's medical license; or

(7) Any medical malpractice claim against the physician for which the physician was found liable, a jury awarded monetary damages to the claimant, and the award has been determined to be final and not subject to further appeal. This does not include any offers by the physician to settle the claim.

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 June 17, 2022.

TRD-202202284

Scott Freshour

General Counsel

Texas Medical Board

Effective date: July 7, 2022

Proposal publication date: March 18, 2022

For further information, please call: (512) 567-7502