22 Tex. Admin. Code § 163.5

Current through Reg. 49, No. 45; November 8, 2024
Section 163.5 - Licensure Documentation
(a) On request of board staff, an applicant must appear for a personal interview at the board offices and present original documents to a representative of the board for inspection. Original documents may include, but are not limited to, those listed in subsections (b) - (e) of this section.
(b) Documentation required of all applicants for licensure.
(1) Birth Certificate/Proof of Age. Each applicant for licensure must provide a copy of a valid passport or birth certificate and translation if necessary to prove that the applicant is at least 21 years of age. In instances where such documentation is not available, the applicant must provide copies of other suitable alternate documentation.
(2) Name Change. Any applicant who submits documentation showing a name other than the name under which the applicant has applied must present copies of marriage licenses, divorce decrees, or court orders stating the name change. In cases where the applicant's name has been changed by naturalization, the applicant should send the original naturalization certificate by certified mail to the board office for inspection.
(3) Examination Scores. Each applicant for licensure must have a certified transcript of grades submitted directly from the appropriate testing service to the board for all examinations accepted by the board for licensure.
(4) Dean's Certification. Each applicant for licensure must have a certificate of graduation submitted directly from the medical school on a form provided to the applicant by the board. The applicant shall attach a recent photograph, meeting United States Government passport standards, to the form before submitting to the medical school. The school shall have the Dean of the medical school or designated appointee sign the form attesting to the information on the form and placing the school seal over the photograph.
(5) Evaluations. All applicants must provide evaluations completed by an appropriate supervisor, on a form provided by the board, of their professional affiliations for the past five years or since graduation from medical school, whichever is the shorter period.
(6) Medical School Transcript. On request of board staff, an applicant must have his or her medical school submit a transcript of courses taken and grades obtained.
(7) National Practitioner Data Bank/Health Integrity and Protection Data Bank (NPDB-HIPDB). Each applicant must contact the NPDB-HIPDB and have a report of action submitted directly to the board on the applicant's behalf.
(8) Graduate Training Verification. On request of board staff, an applicant must have any of the training programs in which they have participated in submit verification on a form provided by the board. The evaluation must show the beginning and ending dates of the program and state that the program was successfully completed.
(9) Specialty Board Certification. Each applicant who has obtained certification by a board that is a member of the American Board of Medical Specialties or the Bureau of Osteopathic Specialists must submit a copy of the certificate issued by the member showing board certification.
(10) Medical License Verifications. On request of board staff, an applicant must have any state in which he or she has ever been licensed, regardless of the current status of the license, submit directly to this board a letter verifying the status of the license and a description of any sanctions or pending disciplinary matters.
(11) U.S. medical education. Applicants must demonstrate that any medical school education that was completed in the United States in satisfaction of their core basic and clinical science courses as established by the Texas Higher Education Coordinating Board, the Liaison Council on Medical Education, and/or the American Osteopathic Association, and in satisfaction of the 130 weeks of required medical education was accredited by an accrediting body officially recognized by the United States Department of Education as the accrediting body for medical education leading to the doctor of medicine degree or the doctor of osteopathy degree. An applicant who is unable to comply with these requirements may in the alternative demonstrate that the applicant:
(A) received such medical education in a hospital or teaching institution sponsoring or participating in a program of graduate medical education accredited by the Accrediting Council for Graduate Medical Education, the American Osteopathic Association, or approved by the board under § 171.4 of this title (relating to Board-Approved Postgraduate Fellowship Training Programs) in the same subject as the medical or osteopathic medical education if the hospital or teaching institution has an agreement with the applicant's school;
(B) is specialty board certified by a board approved by the Bureau of Osteopathic Specialists or the American Board of Medical Specialties; or
(C) for the purpose of remedying a single deficient U.S. clerkship that was obtained while enrolled in medical school, the applicant may subsequent to graduation from medical school, and after submission of an application for licensure:
(i) complete a clerkship in the United States in satisfaction of clinical science courses as established by the Texas Higher Education Coordinating Board, the Liaison Committee on Medical Education, and/or the American Osteopathic Association and in a hospital or teaching institution sponsoring or participating in a program of graduate medical education accredited by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association in the same specialty or sub-specialty as the deficient clerkship; or
(ii) re-enroll in a medical school accredited by the Liaison Council on Medical Education, and/or the American Osteopathic Association as a visiting student and satisfactorily complete necessary coursework in the appropriate subject.
(c) Applicants for licensure who are graduates of medical schools outside the United States or Canada must furnish all appropriate documentation listed in this subsection, as well as that listed in subsections (a) and (b) of this section.
(1) Educational Commission for Foreign Medical Graduates (ECFMG) Status Report. Each applicant must submit an ECFMG status report.
(2) Unique Documentation. The board may request documentation unique to an individual unapproved medical school and additional documentation as needed to verify completion of medical education that is substantially equivalent to a Texas medical school education. This may include but is not limited to:
(A) a copy of the applicant's ECFMG file;
(B) a copy of other states' licensing files;
(C) copies of the applicant's clinical clerkship evaluations; and
(D) a copy of the applicant's medical school file.
(3) Clinical Clerkship Affidavit. A form, supplied by the board, to be completed by the applicant, is required listing each clinical clerkship that was completed as part of an applicant's medical education in the United States. The form will require the name of the clerkship, where the clerkship was located (name and location of hospital) and dates of the clerkship.
(4) "Substantially equivalent" documentation. An applicant who is a graduate of a medical school that is located outside the United States and Canada must present satisfactory proof to the board that each medical school attended was substantially equivalent to a Texas medical school at the time of attendance as defined under § 163.1(11) of this title. This may include but is not limited to:
(A) a Foreign Educational Credentials Evaluation from the Office of International Education Services of the American Association of Collegiate Registrars and Admissions Officers (AACRAO) or an International Credential Evaluation from the Foreign Credential Service of America (FCSA), or another similar entity as approved by the board;
(B) a board questionnaire, to be completed by the medical school and returned directly to board;
(C) a copy of the medical school's catalog;
(D) verification from the country's educational agency confirming the validity of school and licensure of applicant;
(E) proof of written agreements between the medical school and all hospitals that are not located in the same country as the medical school, where medical education was obtained;
(F) proof that the faculty members of the medical school had written contracts with the school if they taught a course outside the country where the medical school was located;
(G) proof that the medical education courses taught in the United States complied with the higher education laws of the state in which the courses were taught;
(H) proof that the faculty members of the medical school who taught courses in the United States were on the faculty of the program of graduate medical education when the courses were taught; and
(I) proof that all education completed in the United States or Canada was while the applicant was enrolled as a visiting student as evidenced by a letter of verification from the U.S. or Canadian medical school.
(5) Medical Diploma. On request of board staff, an applicant must submit a copy of his or her medical diploma, and translation if necessary.
(d) Applicants may be required to submit other documentation, which may include the following:
(1) Translations. Any document that is in a language other than the English language will need to have a certified translation prepared and a copy of the translation will have to be submitted along with the translated document.
(A) An official translation from the medical school (or appropriate agency) attached to the foreign language transcript or other document is acceptable.
(B) If a foreign document is received without a translation, the board will send the applicant a copy of the document to be translated and returned to the board.
(C) Documents must be translated by a translation agency that is a member of the American Translations Association or a United States college or university official.
(D) The translation must be on the translator's letterhead, and the translator must verify that it is a "true word for word translation" to the best of his/her knowledge, and that he/she is fluent in the language translated, and is qualified to translate the document.
(E) The translation must be signed in the presence of a notary public and then notarized. The translator's name must be printed below his/her signature. The notary public must use this phrase: "Subscribed and Sworn to this ________ day of ________, 20___." The notary must then sign and date the translation, and affix his/her Notary Seal to the document.
(2) Arrest Records. If an applicant has ever been arrested, a copy of the arrest and arrest disposition need to be requested from the arresting authority and said authority must submit copies directly to this board.
(3) Malpractice. If an applicant has ever been named in a malpractice claim filed with any medical liability carrier or if an applicant has ever been named in a malpractice suit, the applicant must do the following:
(A) have each medical liability carrier complete a form furnished by the board regarding each claim filed against the applicant's insurance;
(B) for each claim that becomes a malpractice suit, have the attorney representing the applicant in each suit submit a letter directly to the board explaining the allegation, dates of the allegation, and current status of the suit. If the suit has been closed, the attorney must state the disposition of the suit, and if any money was paid, the amount of the settlement. The letter should include supporting court records. If such letter is not available, the applicant will be required to furnish a notarized affidavit explaining why this letter cannot be provided; and
(C) provide a statement, composed by the applicant, explaining the circumstances pertaining to patient care in defense of the allegations.
(4) Inpatient Treatment for Alcohol/Substance Disorder or Physical or Mental Illness. Each applicant who has been admitted to an inpatient facility within the last five years for the treatment of alcohol/substance disorder or mental illness (recurrent or severe major depressive disorder, bipolar disorder, schizophrenia, schizoaffective disorder, or any severe personality disorder), or a physical illness that impairs or has impaired the applicant's ability to practice medicine, shall submit documentation to include items listed in subparagraphs (A) - (D) of this paragraph. An inpatient facility shall include a hospital, ambulatory surgical center, nursing home, and rehabilitation facility.
(A) an applicant's statement explaining the circumstances of the hospitalization;
(B) all records, submitted directly from the inpatient facility;
(C) a statement from the applicant's treating physician/psychotherapist as to diagnosis, prognosis, medications prescribed, and follow-up treatment recommended; and
(D) a copy of any contracts signed with any licensing authority or medical society or impaired physician's committee.
(5) Outpatient Treatment for Alcohol/Substance Disorder or Mental Illness. Each applicant who has been treated on an outpatient basis within the last five years for alcohol/substance disorder or mental illness (recurrent or severe major depressive disorder, bipolar disorder, schizophrenia, schizoaffective disorder, or any severe personality disorder), or a physical illness that impairs or has impaired the applicant's ability to practice medicine, shall submit documentation to include, but not limited to:
(A) an applicant's statement explaining the circumstances of the outpatient treatment;
(B) a statement from the applicant's treating physician/psychotherapist as to diagnosis, prognosis, medications prescribed, and follow-up treatment recommended; and
(C) a copy of any contracts signed with any licensing authority or medical society or impaired physician's committee.
(6) DD214. A copy of the DD214, indicating separation from any branch of the United States military.
(7) Premedical School Transcript. Applicants, upon request, may be required to submit a copy of the record of their undergraduate education. Transcripts must show courses taken and grades obtained. If determined that the documentation submitted by the applicant is not sufficient to show proof of the completion of 60 semester hours of college courses other than in medical school or education required for country of graduation, the applicant may be requested to contact the Office of Admissions at The University of Texas at Austin for course work verification.
(8) Fingerprint Card. Upon request, applicants must complete a fingerprint card and return to the board as part of the application.
(9) Additional Documentation. Additional documentation as is deemed necessary to facilitate the investigation of any application for medical licensure.
(e) The board may, in unusual circumstances, allow substitute documents where proof of exhaustive efforts on the applicant's part to secure the required documents is presented. These exceptions are reviewed by the board's executive director on a case-by-case basis.

22 Tex. Admin. Code § 163.5

The provisions of this §163.5 adopted to be effective November 10, 1999, 24 TexReg 9835; amended to be effective March 5, 2000, 25 TexReg 1623; amended to be effective July 2, 2000, 25 TexReg 6133; amended to be effective March 7, 2002, 27 TexReg 1487; amended to be effective September 19, 2002, 27 TexReg 8769; amended to be effective January 9, 2003, 28 TexReg 67; amended to be effective November 30, 2003, 28 TexReg 10480; amended to be effective May 2, 2004, 29 TexReg 3961; amended to be effective November 7, 2004, 29 TexReg 10104; amended to be effective January 25, 2006, 31 TexReg 382; amended to be effective January 4, 2007, 31 TexReg 10797; amended to be effective August 10, 2008, 33 TexReg6133; amended to be effective January 20, 2009, 34 TexReg 336; amended to be effective November 29, 2009, 34 TexReg 8530; amended to be effective July 4, 2012, 37 TexReg 4925; amended to be effective September 30, 2012, 37 TexReg 7485; amended to be effective January 20, 2014, 39 TexReg 273; amended to be effective August 3, 2014, 39 TexReg 5748; Amended by Texas Register, Volume 41, Number 27, July 1, 2016, TexReg 4823, eff. 7/7/2016