Current through Reg. 49, No. 38; September 20, 2024
(a) Unless
otherwise indicated, temporary license holders under this chapter shall be
subject to the duties, limitations, disciplinary actions, rehabilitation order
provisions, and procedures applicable to licensees in the Medical Practice Act
and board rules. Temporary license holders under this chapter shall also be
subject to the limitations and restrictions elaborated in this
chapter.
(b) Temporary and limited
license holders under this chapter shall cooperate with the board and board
staff involved in investigation, review, or monitoring associated with the
license holder's practice of medicine. Such cooperation shall include, but not
be limited to, written response to the board or board staff written inquiry
within 14 days of receipt of such inquiry.
(c) In accordance with the Medical Practice
Act, the board shall retain jurisdiction to discipline a temporary or limited
license holder whose license has been terminated, canceled, and/or expired if
the license holder violated the Medical Practice Act or board rules during the
time the license was valid.
(d) The
issuance of a temporary or limited license shall not be construed to obligate
the board to issue subsequent permits or licenses. The board reserves the right
to investigate, deny a permit, temporary or limited license, or full licensure,
and/or discipline a physician regardless of when the information was received
by the board.
(e) Nothing in this
chapter shall be construed to prevent the board from issuing temporary or
limited licenses to those physicians awaiting full licensure pursuant to §
172.11
of this title (relating to Temporary Licensure--Regular) or to those licensees
who qualify for CME temporary licenses pursuant to §
166.2(k)
of this title (relating to CME temporary licenses).
(f) All applicants for temporary or limited
licenses whose applications have been filed with the board in excess of one
year will be considered expired.
(1) If the
Executive Director determines that the applicant clearly meets all requirements
for the temporary or limited license, the Executive Director or a person
designated by the Executive Director, may issue a license to the applicant, to
be effective on the date of issuance without formal board approval, as
authorized by § 155.002(b) of the Act.
(2) If the Executive Director determines that
the applicant does not clearly meet all requirements for a temporary or limited
license, a license may be issued only upon action by the board following a
recommendation by the Licensure Committee, in accordance with § 155.007 of
the Act (relating to Application Process) and §
187.13
of this title (relating to Informal Board Proceedings Relating to Licensure
Eligibility).
(3) If the Executive
Director determines that the applicant is ineligible for a temporary or limited
for one or more reasons that are not subject to exception by statute or rule,
the applicant may appeal that decision to the Licensure Committee before
completing other licensure requirements for a determination by the Committee
solely regarding issues raised by the determination of ineligibility. If the
Committee overrules the determination of the Executive Director, the applicant
may then provide additional information to complete the application, which must
be analyzed by board staff and approved before a license may be
issued.
(g) In addition
to other definitions that may apply to licensure, the following words and
terms, when used in this chapter shall have the following meanings unless the
context clearly indicates otherwise.
(1) Act
that is part of patient care service--Any diagnosis, assessment, or treatment
including the taking of diagnostic imaging studies as well as the preparation
of pathological material for examination.
(2) Controlled substance--A substance,
including a drug, an adulterant, and a dilutant, listed in Schedules I through
V or Penalty Groups 1, 1-A, or 2 through 4 as described under the Texas Health
and Safety Code, Chapter 481 (Texas Controlled Substances Act). The term
includes the aggregate weight of any mixture, solution, or other substance
containing a controlled substance.
(3) Dangerous drug--A device or a drug that
is unsafe for self medication and that is not included in Schedules I through V
or Penalty Groups 1 through 4 of the Texas Health and Safety Code, Chapter 481
(Texas Controlled Substances Act). The term includes a device or a drug that
bears or is required to bear the legend: "Caution: federal law prohibits
dispensing without prescription."
(4) Episodic consultation--Consultation on an
irregular or infrequent basis involving no more than 24 patients of a
physician's diagnostic or therapeutic practice per calendar year. Multiple
consultations may be performed for one or more patients up to 24 patients per
calendar year.
(5) Informal
consultation--Consultation performed outside the context of a contractual
relationship and on an irregular or infrequent basis without the expectation of
or exchange of direct or indirect compensation.
(6) Patient care service initiated in this
state--Any act constituting the practice of medicine as defined in this chapter
in which the patient is physically located in Texas at the time of diagnosis,
treatment, or testing.
(7)
Person--An individual unless otherwise expressly made applicable to a
partnership, association, or corporation.
(8) Practice of medicine--A person shall be
considered to be practicing medicine under any of the following circumstances
listed in subparagraphs (A) - (D) of this paragraph. This definition does not
negate the responsibility of applicants to demonstrate engagement in the active
practice of medicine as set forth in §
163.11
of this title (relating to Active Practice of Medicine).
(A) the person publicly professes to be a
physician or surgeon and diagnoses, treats, or offers to treat any mental or
physical disease or disorder, or any physical deformity or injury by any system
or method or to effect cures thereof;
(B) the person diagnoses, treats or offers to
treat any mental or physical disease or disorder, or any physical deformity or
injury by any system or method and to effect cures thereof and charges
therefor, directly or indirectly, money or other compensation;
(C) the person exercises medical judgment,
renders an opinion, or gives advice concerning the diagnosis or treatment of a
patient, or makes any determination regarding the appropriate or necessary
medical response to a particular patient's medical condition that affects the
medical care of the patient; or
(D)
the person is physically located in another jurisdiction, other than the state
of Texas, and through any medium performs an act that is part of patient care
service initiated in this state that would affect the diagnosis or treatment of
the patient.
(9)
State--Any state, territory, or insular possession of the United States and the
District of Columbia.
