Texas Register, Volume 37, Number 30, Pages 5519-5676, July 27, 2012 Page: 5,541
5519-5676 p. ; 28 cm.View a full description of this periodical.
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TRD-201203624
Mari Robinson, J.D.
Executive Director
Texas Medical Board
Earliest possible date of adoption: August 26, 2012
For further information, please call: (512) 305-7016
CHAPTER 187. PROCEDURAL RULES
The Texas Medical Board (Board) proposes amendments to
187.18, concerning Informal Show Compliance Proceeding
and Settlement Conference Based on Personal Appearance,
and 187.83, concerning Proceedings for Cease and Desist
Orders.
The amendment to 187.18 deletes language relating to dead-
line requirements for submission of rebuttal materials that is in
conflict with other provisions of the rule and the Medical Practice
Act.
The amendment to 187.83 deletes language requiring a panel
member to sign cease and desist order, as rule already provides
for executive director to sign order.
Nancy Leshikar, General Counsel for the Board, has determined
that for each year of the first five years the sections as proposed
are in effect the public benefit anticipated as a result of enforcing
this proposal will be to have rules that are not inconsistent.
Mrs. Leshikar has also determined that for the first five-year
period the sections are in effect there will be no fiscal implication
to state or local government as a result of enforcing the sections
as proposed. There will be no effect to individuals required to
comply with the rules as proposed. There will be no effect on
small or micro businesses.
Comments on the proposal may be submitted to Jennifer Kauf-
man, P.O. Box 2018, Austin, Texas 78768-2018 or e-mail com-
ments to: rules.development@tmb.state.tx.us. A public hearing
will be held at a later date.
SUBCHAPTER B. INFORMAL BOARD
PROCEEDINGS
22 TAC 187.18
The amendment is proposed under the authority of the Texas Oc-
cupations Code Annotated, 153.001, which provides authority
for the Board to adopt rules and bylaws as necessary to: govern
its own proceedings; perform its duties; regulate the practice of
medicine in this state; enforce this subtitle; and establish rules
related to licensure.
The amendment is also authorized by 165.052, Texas Occupa-
tions Code.
No other statutes, articles or codes are affected by this proposal.
187.18. Informal Show Compliance Proceeding and Settlement
Conference Based on Personal Appearance.
(a) After referral of an investigation to the agency's legal di-
vision, the Hearings Coordinator of the board shall schedule an ISC
before an ISC Panel, composed of two or more board representatives
to be held after proper notice to the licensee. One board representative
must be a public member. If the matter is before the Medical Board, at
least one board representative must be a physician member.(b) Requests to reschedule the ISC by a licensee must be in
writing and shall be referred to the Hearings Counsel for consideration.
To avoid undue disruption of the ISC schedule, the Hearings Counsel
should grant a request only after conferring with the Hearings Coordi-
nator and strictly applying the following guidelines:
(1) A request by a licensee to reschedule an ISC must be in
writing and may be granted only if the licensee provides satisfactory
evidence of the following requirements:
(A) A request received by the agency within five busi-
ness days after the licensee received notice of the date of the ISC, must
provide details showing that:
(i) the licensee has a conflicting event that had been
scheduled prior to receipt of notice of the ISC;
(ii) the licensee has made reasonable efforts to
reschedule such event but a conflict cannot reasonably be avoided.
(B) A request received by the agency more than five
business days after the licensee received notice of the date of the ISC
must provide details showing that an extraordinary event or circum-
stance has arisen since receipt of the notice that will prevent the li-
censee from attending the ISC. The request must show that the request
is made within five business days after the licensee first becomes aware
of the event or circumstance.
(2) A request by a licensee to reschedule an ISC based on
the failure of the agency to send timely notice before the date scheduled
for the ISC, as required by 164.003 of the Act, shall be granted, pro-
vided the request is received by the agency within five business days
after the late notice is received by the licensee.
(c) Prior to the ISC, the board representatives shall be provided
with the information sent to the licensee by the board staff and all in-
formation timely received in response from the licensee. Information
must be received from the licensee at least five business days prior to
the ISC for complaints filed before September 1, 2011. For complaints
filed with the board on or after September 1, 2011, the information must
be received at least 15 days prior to the date of the ISC.
(d) An ISC may be conducted by only one panelist if:
(1) the ISC is related to an order of the board, such as to
show compliance, a probation appearance, or a request for termination
or modification, or
(2) the affected licensee waives the requirement that at
least two panelists conduct the ISC. In such situations, the panelist may
be either a physician, physician assistant, or acupuncturist (depending
on the licensee involved) or a member who represents the public.
(e) The board representatives shall allow:
(1) the board staff to present a summary of the allegations
and the facts that the board staff reasonably believes could be proven
by competent evidence at a formal hearing;
(2) the licensee to reply to the board staffs presentation and
present facts the licensee reasonably believes could be proven by com-
petent evidence at a formal hearing;
(3) presentation of evidence by the board staff and the li-
censee, which may include medical and office records, x-rays, pictures,
film recordings of all kinds, audio and video recordings, diagrams,
charts, drawings, and any other illustrative or explanatory materials
which in the discretion of the board representatives are relevant to the
proceeding;
(4) representation of the licensee by an authorized repre-
sentative;PROPOSED RULES July 27, 2012 37 TexReg 5541
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Texas. Secretary of State. Texas Register, Volume 37, Number 30, Pages 5519-5676, July 27, 2012, periodical, July 27, 2012; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth243959/m1/23/: accessed April 24, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.