Texas Register, Volume 34, Number 3, Pages 299-392, January 16, 2009 Page: 340
299-392 p. ; 28 cm.View a full description of this periodical.
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19, 2008, issue of the Texas Register (33 TexReg 7959) and
will not be republished.
The amendment to 182.1 specifies statutory authority for the
board to adopt rules regarding experts.
The amendment to 182.5 specifies that members of the Expert
Physician Panel may only be appointed by the board.
The amendment to 182.8 clarifies that, in determining the same
or similar specialty of a physician, the practice area or specialty
declared by the subject physician as his area of practice may be
the specialty of the expert reviewers.
Elsewhere in this issue of the Texas Register, the Texas Medi-
cal Board contemporaneously adopts the rule review of Chapter
182, Use of Experts.
Prior to publishing the proposed amendments, the Board sought
stakeholder input through Stakeholder Groups, which made
comments on the suggested changes to the rules at a meeting
held on October 29, 2008. The comments were incorporated
into the published proposed rules.
The Board received no public written comments and no one ap-
peared to testify at the public hearing held on December 12,
2008.
The amendments are adopted under the authority of the Texas
Occupations Code Annotated, 153.001 and 154.006, which
provide authority for the Texas Medical 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of the Secretary of State on December 31,
2008.
TRD-200806746
Mari Robinson, J.D.
Interim Executive Director
Texas Medical Board
Effective date: January 20, 2009
Proposal publication date: September 19, 2008
For further information, please call: (512) 305-7016
CHAPTER 187. PROCEDURAL RULES
The Texas Medical Board (Board) adopts amendments to
187.3, concerning Computation of Time, 187.4, concerning
Agreement to be in Writing, 187.13, concerning Informal
Board Proceedings Relating to Licensure Eligibility, 187.14,
concerning Informal Resolution of Disciplinary Issues Against
a Licensee, 187.24, concerning Pleadings, 187.29, concern-
ing Mediated Settlement Conferences, 187.59, concerning
Evidence, 187.70, concerning Purposes and Construction,
187.71, concerning Hearing before a Panel of Board Represen-
tatives, 187.72, concerning Decision of the Panel and 187.73,
concerning Termination of Suspension, without changes to
the proposed text as published in the September 19, 2008,
issue of the Texas Register (33 TexReg 7959) and will not be
republished.The amendment to 187.3 clarifies that requirements regarding
the computation of time may be made by statute or rule.
The amendment to 187.4 modernizes language used in the
rule.
The amendment to 187.13 adds reference to Chapter 172, and
updates term "Licensure with Restrictions" to "Licensure with
"terms and conditions".
The amendment to 187.14 deletes "Administrative" as a modi-
fier regarding informal resolution of violations.
The amendment to 187.24 updates the name of the agency to
Texas Medical Board.
The amendment to 187.29 clarifies abbreviation used in the
rule.
The amendment to 187.59 adds additional language used in
2001.081 Government Code.
The amendment to 187.70 adds, as a purpose of the rule re-
garding suspension by operation of law, the initial conviction of
certain offenses.
The amendment to 187.71 and 187.72 adds conviction of cer-
tain offenses as a basis for a panel of the board ordering sus-
pension by operation of law.
The amendment to 187.73 requires a person who has been
suspended by operation of law to show competence and safety
to practice medicine as a requirement for terminating suspen-
sion.
Elsewhere in this issue of the Texas Register, the Texas Medi-
cal Board contemporaneously adopts the rule review of Chapter
187, Procedural Rules.
Prior to publishing the proposed amendments, the Board sought
stakeholder input through Stakeholder Groups, which made
comments on the suggested changes to the rules at a meeting
held on October 29, 2008. The comments were incorporated
into the published proposed rules.
The Board received no public written comments and no one ap-
peared to testify at the public hearing held on December 12,
2008.
SUBCHAPTER A. GENERAL PROVISIONS
AND DEFINITIONS
22 TAC 187.3, 187.4
The amendments are adopted under the authority of the Texas
Occupations Code Annotated, 153.001 and 154.006, which
provide authority for the Texas Medical 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of the Secretary of State on December 31,
2008.
TRD-20080674734 TexReg 340 January 16, 2009
Texas Register
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Texas. Secretary of State. Texas Register, Volume 34, Number 3, Pages 299-392, January 16, 2009, periodical, January 16, 2009; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth90835/m1/39/: accessed April 23, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.