Texas Register, Volume 43, Number 15, Pages 2205-2314, April 13, 2018 Page: 2,238

                                
(g) Failure by a licensed insurer to report under this section
shall be referred to the Texas Department of Insurance and sanctions
under the Texas Insurance Code may be imposed for failure to report.
(h) For the purposes of this section a professional liability
claim or complaint shall be defined as a cause of action against a
practitioner for treatment, or other claimed departure from accepted
standards of medical or health care or safety which proximately results
in injury to or death of the patient, whether the patient's claim or
cause of action sounds in tort or contract to include interns, residents,
supervising practitioner, on-call practitioner, consulting practitioner,
and those practitioner who administer, read, or interpret laboratory
tests, x-rays, and other diagnostic studies.
(i) Claims that are not required to be reported under this chap-
ter but which may be reported include, but are not limited to, the fol-
lowing:
(1) product liability claims;
(2) antitrust allegations;
(3) allegations involving improper peer review activities;
(4) civil rights violations;
(5) allegations of liability for injuries occurring on a po-
diatric physician's property, but not involving a breach of duty in the
podiatric physician-patient relationship; or
(6) business disputes.
(j) Claims that are not required to be reported under this chap-
ter may however be voluntarily reported pursuant to the provisions of
the Act.
130.71. Enforcement Authority.
The enforcement authority granted under Texas Occupations Code,
Chapters 51 and 202 and any associated rules may be used to enforce
Texas Occupations Code, Chapter 202 and this chapter.
130.72. Administrative Penalties and Sanctions.
If a person or entity violates any provision of Texas Occupations Code,
Chapters 51 or 202, this chapter, or any rule or order of the executive
director or commission, proceedings may be instituted to impose ad-
ministrative penalties, administrative sanctions, or both in accordance
with the provisions of Texas Occupations Code, Chapters 51 and 202
and any associated rules.
130.73.  Conditions of Suspension of License.
(a) Suspension of a license means that the office of the practi-
tioner is to be closed for the purposes of receiving, diagnosing, treating,
or consulting with patients, and the licensee may not participate for in-
come in any professional activity that is directly related to diagnosis or
treatment of a patient or activities that involve consultation services re-
lated to management of a practice. The practitioner may refer patients
to another practitioner for treatment or consultation during the period
of the suspension, but the practitioner shall not derive any income from
such referrals. The practitioner may allow another practitioner to see
the practitioner's patients during the period of the suspension the prac-
titioner's office or other practitioner's office, but the practitioner shall
derive no income from the other practitioner by way of referral fees, or
the like.
(b) The practitioner's office may remain open for the purposes
of administrative work, including making future appointments, arrang-
ing referrals, handling mail, processing accounts, billing, and insurance
matters, and other similar matters not directly related to the diagnosis
and treatment of patients.

(c) If the suspended practitioner shares offices with another
practitioner, the other practitioner shall be allowed to continue to prac-
tice, but the suspended practitioner shall not share income with the
other practitioner, including any income derived in any way from the
diagnosis or treatment of patients. The department may, through unan-
nounced visits or by requesting documentation, check on the business
arrangement that the suspended practitioner has with the other practi-
tioner(s) regarding the renting of equipment, rental of business facili-
ties, referral fees or any other negotiated arrangement so as to be sure
that the suspended practitioner is not deriving any monies from the
practice of podiatric medicine.
(d) If a license suspension is probated, the commission or ex-
ecutive director may require the licensee to:
(1) report regularly to the department on matters that are
the basis of the probation;
(2) limit practice to the areas prescribed by the commission
or executive director; or
(3) continue or review continuing professional education
until the licensee attains a degree of skill satisfactory to the department
in those areas that are the basis of the probation.
The agency certifies that legal counsel has reviewed the pro-
posal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on April 2, 2018.
TRD-201801389
Carla James
Deputy Executive Director
Texas Department of Licensing and Regulation
Earliest possible date of adoption: May 13, 2018
For further information, please call: (512) 463-3671
TITLE 19. EDUCATION
PART 1. TEXAS HIGHER EDUCATION
COORDINATING BOARD
CHAPTER 27. FIELDS OF STUDY
SUBCHAPTER CC. HEALTH AND WELLNESS
FIELD OF STUDY ADVISORY COMMITTEE
19 TAC   27.661 - 27.667
The Texas Higher Education Coordinating Board proposes new
Chapter 27, Subchapter CC,   27.661 - 27.667 concerning
Health and Wellness Field of Study Advisory Committee. The
proposed new rules authorize the Board to create an advisory
committee to develop a Health and Wellness field of study. The
newly added rules will affect students when the Health and
Wellness field of study is adopted by the Board.
Dr. Rex Peebles, Assistant Commissioner for Academic Quality
and Workforce, has determined that for the first five years there
will be no fiscal implications for state or local governments as a
result of adding the new sections.
Dr. Peebles has also determined that for the first five years the
rules are in effect, the public benefits anticipated as a result of
administering the sections will be the clarification of which lower
division courses are required in a Health and Wellness degree

43 TexReg 2238 April 13, 2018 Texas Register