22 Tex. Admin. Code § 189.2

Current through Register Vol. 49, No. 48, November 29, 2024

Section 189.2 - Definitions

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Act--Title 3, Subtitle B, Chapters 151 - 165, Texas Occupations Code Annotated for physicians; Title 3, Subtitle C, Chapter 204, Texas Occupations Code Annotated for physician assistants; Title 3 Subtitle C, Chapter 206, Texas Occupations Code Annotated for surgical assistants; and Title 3, Subtitle C, Chapter 205, Texas Occupations Code Annotated for acupuncturists.

(2) Address of record--The mailing address of each probationer as provided to the board pursuant to the Act.

(3) Agency--The divisions, departments, and employees of the Texas Medical Board, the Texas Physician Assistant Board, and the Texas State Board of Acupuncture Examiners.

(4) Agency representative--A compliance officer, other agency staff, board member, or agent of the agency.

(5) APA--The Administrative Procedures Act, Tex. Govt. Code, Chapter 2001 as amended.

(6) Authorized representative--An attorney of record or any other person who has been designated in writing by a party to represent the party at a board proceeding.

(7) Board--The appointed members of the Medical Board for physicians and surgical assistants, the Physician Assistant Board for physicians assistants, and the Board of Acupuncture for acupuncturists.

(8) Board representative--A board member or district review committee member who sits on a panel at a proceeding to determine compliance with an order.

(9) Compliance manager--The agency staff person who supervises the agency compliance program.

(10) Compliance officer--An employee of the agency assigned to each probationer to investigate a probationer's compliance with the terms and conditions of an order.

(11) Group practice--Any business entity including a partnership, professional association, professional limited liability company, or other entity allowed by state law and established for the purpose of practicing medicine in which two or more physicians licensed in Texas are members of the practice.

(12) Institutional setting--A medical facility established by a governmental entity, non-profit organization, or educational institution that has a permanent staff, including full-time physician employees, by-laws, and an internal governing structure for the operation of the facility for the purpose of practicing medicine.

(13) Licensee--A person to whom the board has issued a license, permit, certificate, approved registration, or similar form of permission authorized by law.

(14) Modification/termination hearing--A hearing before board representatives conducted upon the written request of a probationer for the modification of one or more terms and conditions of an order, the termination of an order prior to the prescribed termination of an order, or the reinstatement of a license following a suspension.

(15) Monitoring physician--A licensed Texas physician who meets the requirements as set out in § 189.11 of this title (relating to Process for Approval of Physicians, Other Professionals, Group Practices and Institutional Settings) and who reviews a probationer's medical/billing records and/or conducts onsite reviews of a probationer's practice site on a periodic basis for the purpose of monitoring and educating a probationer, and periodically reports in writing to the board on the probationer's medical practice and practice of medicine as stipulated by an order or remedial plan.

(16) Order--An agreed order, final order of the board, rehabilitation order, or other order approved by the board that requires an agency representative to monitor a probationer's compliance with the order's terms and conditions.

(17) Probation appearance--An appearance by a probationer at an informal board proceeding before board representatives to discuss a probationer's compliance with an order or remedial plan.

(18) Probationer--A licensee who is under an order.

(19) Proctor--A licensed Texas physician who meets the requirements as set out in § 189.11 of this title and who physically and actually works with and oversees a probationer's practice of medicine on a daily basis and periodically reports in writing to the board on the probationer's medical practice and practice of medicine as stipulated by an order.

(20) Remedial Plan--A nondisciplinary settlement agreement entered into pursuant to § 164.0015 of this Act.

(21) SOAH--The State Office of Administrative Hearings.

(22) Successful Completion--The determination that all the terms and/or conditions of an Order are considered to be fully completed and a written Notice of Termination is provided to a Probationer. The effective date of Successful Completion shall be the date on Notice of Termination of the Order.

(23) Supervising physician--A licensed Texas physician who meets the requirements as set out in § 189.11 of this title and who is physically present at a probationer's practice on a daily basis in order to evaluate, educate, and provide guidance regarding the probationer's practice of medicine; and periodically reports in writing to the board on probationer's medical practice and practice of medicine as stipulated by an order or remedial plan.

(24) Toll--To extend the term of an order for any period of time that:

(A) a probationer practices exclusively outside the State of Texas;

(B) a probationer's license is cancelled for nonpayment of licensure fees;

(C) the order is stayed or enjoined by Court Order; or

(D) for any period of time longer than 60 consecutive days that a probationer does not actively practice medicine.

22 Tex. Admin. Code § 189.2

The provisions of this §189.2 adopted to be effective May 9, 2002, 27 TexReg 3776; amended to be effective March 9, 2009, 34 TexReg 1591; amended to be effective May 2, 2010, 35 TexReg 3280; amended to be effective September 30, 2012, 37 TexReg 7486; amended to be effective January 20, 2014, 39 TexReg 284