Texas Rural Health Association Conference News

Things are happening here at TRHA. So enjoyed Dr. Stacey Silverman’s presentation on “Building Your Provider Base Through Physician Loan Repayment and GME”. During Dr. Silverman’s presentation she reinforced the fact that students who train in a rural setting are more likely to set up practice in a rural community. The past legislative session saw new monies open up for establishing GME in new facilities, including rural areas.

Rule Changes for Temporary and Limited Licenses (Physicians)

See summary below.  For full text, view the Texas Register September 27, 2013 issue, page 6484.

The Texas Medical Board (Board) proposes amendments to §§172.1, 172.4, 172.9, and 172.13 and new §172.18, concerning Temporary and Limited Licenses.

The amendment to §172.1, concerning Purpose, adds a reference to newly created §155.103 of the Texas Occupations Code, based on the passage of Senate Bill(SB) 61 (83rd Regular Session) which created §155.103 of the Texas Occupations Code.  This amendment also adds a reference to §155.101 of the Texas Occupations Code in order to correct the previously adopted version that omitted such reference.

The amendment to §172.4, concerning State Health Agency Temporary License, corrects citations to other rules.

The amendment to §172.9, concerning Postgraduate Research Temporary License, provides that a postgraduate research temporary license may be issued to a medical school graduate who holds a research appointment at an institution, under certain terms and conditions.

The amendment to §172.13, Conceded Eminence, concerns subsection (c) and remedies incorrect citations to other rules.

New §172.18, concerning Military Limited Volunteer Licenses, sets forth the criteria under which an applicant may qualify for a military limited volunteer license, based on the passage of SB 61 (83rd Regular Session) and the creation of §155.103 of the Texas Occupations Code, which provides a licensing mechanism for active and retired military physicians who do not hold a Texas medical license to provide charitable care in Texas.

Proposed Rule Changes for Reinstatement and Reissuance of Physician Licenses

See summary below.  For full text, view the Texas Register September 27, 2013 issue, page 6485


22 TAC §167.4, §167.6
The Texas Medical Board (Board) proposes amendments to §167.4, concerning Best Interests of the Public, and §167.6, concerning Final Action.

The amendment to §167.4 mandates that the underlying action leading to the revocation of a physician’s license be considered in determining whether the reinstatement of the physician license would be in the best interests of the public.

The amendment to §167.6 mandates that the order revoking or suspending a physician’s license be admissible in the contested case proceeding regarding a physician license reinstatement or reissuance request and mandates that the basis for the Board’s revocation must be considered and addressed by the ALJ as a factor in the best interest of the public determination in the Proposal for Decision.

TMB’s Proposed Physician Licensure Rule Changes

Summary below – for full text go to the Texas Register 9/27/13 issue, page 6468.

22 TAC §§163.1, 163.2, 163.5, 163.6, 163.13
The Texas Medical Board (Board) proposes amendments to §§163.1, 163.2, 163.5, 163.6 and 163.13, concerning Licensure.

The amendment to §163.1, concerning Definitions, adds definitions for “license holder,” “military service member,” “military spouse” and “military veteran” based on the passage of Senate Bill (SB) 162 and Senate Bill 949 (83rd Regular Session) that amended Chapters 55 and 155 of the Texas Occupations Code.

The amendment to §163.2, concerning Full Texas Medical License, deletes subsection (d) of this rule related to the requirements for applicants who are not U.S. citizens or permanent residents, in accordance with SB 949 (83rd Regular Session), which repealed §155.0045 of the Texas Occupations Code, related to additional eligibility requirements for certain aliens. Also, the amendment changes subsection (e) to subsection (d), in light of the previous deletion of subsection (d). The amendment also adds language to subsection (d), allowing for an expedited licensure process for military spouses, based on the passage of SB 162 (83rd Regular Session). New subsection (e) adds a provision for recognizing certain training for Applicants with military experience, based on the passage of SB 162 (83rd Regular Session).

The amendment to §163.5(b)(12), concerning Licensure Documentation–Citizenship or Permanent Residence, is deleted as a result of §163.2(d) being deleted by virtue of §155.0045 of the Texas Occupations Code being repealed by SB 949 (83rd Regular Session).

The amendment to §163.6, concerning Examinations Accepted for Licensure, amends the language in subsection (b)(3), relating to the exemption from limits on exam attempts, in order to be consistent with the remainder of the rule. New subsection (f) adds language which provides for an exemption from time frame in which an applicant must pass the examinations required for licensure, based on the passage of SB 949 (83rd Regular Session).

The amendment to §163.13, concerning Expedited Licensure Process, amends the language to include applicants who meet the criteria under §163.2(d), based on the passage of SB 162 (83rd Regular Session).

Electronic Death Registration — A Reminder

If you will ever be called upon to sign a death certificate, you must register with the Texas Department of State Health Services to file the certificate electronically.

If you fail to do so, the Texas Medical Board may take disciplinary action against you. The extended “grace period” that you were given in order to allow you more time to register ended on June 1, 2011, and TMB IS enforcing the law.

You cannot wait until a death has occurred in order to register; that’s too late, because it takes DSHS seven-10 business days to process new enrollments. If you end up having to complete a paper death certificate because you didn’t timely register for electronic filing, the Texas Medical Board may take action based on the violation.

Register for electronic filing here

If you have problems registering, send an email to help-TER@dshs.state.tx.us or call the TER Help Desk line at 888-963-7111 ext. 3490.

See Tex. Health and Safety Code, §193.005

Texas Medical Board Launching New Physician Application

Board staff during this past week’s Licensure Committee announced that a new physician licensure application will appear in March 2014.  The new application, although longer, will hopefully rid applicants of the confusion they encounter with the current application questions.  Also, staff announced that the Federation of State Medical Board’s common application will find a home on the TMB website.