TITLE 22. EXAMINING BOARDS

PART 9. TEXAS MEDICAL BOARD

CHAPTER 175. FEES AND PENALTIES

22 TAC §175.1, §175.2

The Texas Medical Board (Board) adopts amendments to 22 TAC 175, §175.1, concerning Application and Administrative Fees and §175.2, concerning Registration and Renewal Fees, without changes to the proposed text as published in the March 20, 2020, issue of the Texas Register (45 TexReg 1935). The adopted rules will not be republished.

Sections 175.1 and 175.2 were amended to add application, registration and renewal fees for Radiology Assistance, a new certificate type mandated by and in accordance with House Bill 1504 (86th Regular Session).

Section 175.1, relating to Application and Administrative Fees, regarding fees for processing an application for a certificate, added an application and certificate fee for a Radiologist Assistant Certificate in the amount of $140.00, and also to add a fee for an application for a temporary certificate in the amount of $140.00 amendments to add a new definition for "personnel", distinguishing personnel from physicians.

Section 175.2, relating to Registration and Renewal Fees, was amended to provide the fee amount for biennial renewal of a Radiologist Assistant Certificate, in the amount of $100.00.

No written comments were received and no one appeared to testify regarding the amendments to Sections 175.1 and 175.2 at the public hearing on June 12, 2020.

The amendments are adopted in accordance with House Bill 1504 (86th Regular Session) and under the authority of the Texas Occupations Code Annotated, §601.057, which allow the board to set and collect fees in amounts that are reasonable and necessary to cover the costs of administering and enforcing Chapter 601.

No other statutes, articles or codes are affected by this adoption.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 12, 2020.

TRD-202002371

Scott Freshour

General Counsel

Texas Medical Board

Effective date: July 2, 2020

Proposal publication date: March 20, 2020

For further information, please call: (512) 305-7016


CHAPTER 178. COMPLAINTS

22 TAC §178.8

The Texas Medical Board (Board) adopts amendments to Title 22, Part 9, §178.8, concerning Appeals, without changes to the proposed text as published in the March 27, 2020, issue of the Texas Register (45 TexReg 2126). The adopted rule will not be republished.

Section 178.8, relating to Appeals, was amended to add language requiring that the board receive a complainant's appeal no later than 90 days after the complainant's receipt of notice of the board's dismissal of the complaint.

No written comments were received and no one appeared to testify regarding the amendment to Section 178.8 at the public hearing on June 12, 2020.

The amendments are adopted under the authority of the Texas Occupations Code Annotated, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine; and enforce this subtitle. The amendments are also adopted under the authority of the Texas Occupations Code annotated, Chapter 154.

No other statutes, articles or codes are affected by this adoption.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 12, 2020.

TRD-202002373

Scott Freshour

General Counsel

Texas Medical Board

Effective date: July 2, 2020

Proposal publication date: March 27, 2020

For further information, please call: (512) 305-7016


CHAPTER 180. TEXAS PHYSICIAN HEALTH PROGRAM

The Texas Medical Board (Board) adopts amendments to the Title of Chapter 180 to change the name to Texas Physician Health Program, §180.1, concerning Purpose, §180.2, concerning Definitions, §180.3, concerning Texas Physician Health Program, §180.4, concerning Operation of Program and the repeal of §180.7, without changes to the proposed text as published in the March 27, 2020, issue of the Texas Register (45 TexReg 2127). The adopted rules will not be republished.

Amendment to Title 180, amendments to §§180.1, 180.2, 180.3, 180.4 and repeal of §180.7 are adopted as follows:

Section 180.1, relating to Purpose, was amended to describe the authority for rulemaking and the purpose of the Texas Physician Health Program under Chapter 167 of the Texas Occupations Code.

Section 180.2, relating to Definitions, was amended to update existing definitions and add new definitions in order to maintain consistency within this chapter.

Section 180.3, relating to Texas Physician Health Program, was amended to clarify and update existing language to ensure consistency with current program processes and TXPHP Governing Board directives.

Section 180.4, relating to Operation of Program, was amended to clarify and update existing language to ensure consistency with current program processes and TXPHP Governing Board directives.

Section 180.7, relating to Rehabilitation Orders, was repealed.

The Board sought stakeholder input through the Texas Medical Board and Texas Physicians Health Program PHP Rules Stakeholder Group which made comments on the proposed changes to the rules that were incorporated in the proposed text.

The Board received no comments. No one appeared to testify regarding the amendments to the rule and the repeal of §180.7, relating to Rehabilitation Orders at the public hearing on June 12, 2020.

22 TAC §§180.1 - 180.4

The amendments are adopted under the authority of the Texas Occupations Code Annotated, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine; and enforce this subtitle.

The amendments are also adopted under the authority of the Texas Occupations Code annotated, Chapter 167.

No other statutes, articles or codes are affected by this adoption.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 15, 2020.

TRD-202002378

Scott Freshour

General Counsel

Texas Medical Board

Effective date: July 5, 2020

Proposal publication date: March 27, 2020

For further information, please call: (512) 305-7016


22 TAC §180.7

The repeal is adopted under the authority of the Texas Occupations Code Annotated, §§153.001, 204.101, 205.101, and 206.101 which provide 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 repeal is also authorized by §153.001, Texas Occupations Code.

Sections 167.001 - 167.011, Texas Occupations Code, are affected by this adoption.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 15, 2020.

TRD-202002379

Scott Freshour

General Counsel

Texas Medical Board

Effective date: July 5, 2020

Proposal publication date: March 27, 2020

For further information, please call: (512) 305-7016


CHAPTER 195. PAIN MANAGEMENT CLINICS

22 TAC §195.1, §195.4

The Texas Medical Board (Board) adopts amendments to 22 TAC 195, §195.1, concerning Definitions and §195.4, concerning Operation of Pain Management Clinics, without changes to the proposed text as published in the March 27, 2020, issue of the Texas Register (45 TexReg 2131). The adopted rules will not be republished.

The amendments were necessitated by House Bill 2454 (86th Legislature, R.S.), which set forth new continuing education requirements in the topic of opioid prescribing and provided that the new hours may not be credited toward hours required under board rule for pain clinic personnel.

Section 195.1, relating to Definitions, was amended to add a new definition for "personnel", distinguishing personnel from physicians.

Section 195.4, relating to Operation of Pain Management Clinics, was amended to add language distinguishing personnel from physicians who may be employed or contracted to provide medical services at a pain clinic.

No written comments were received and no one appeared to testify regarding the amendments to §§195.1 and 195.4 at the public hearing on June 12, 2020.

The amendments are adopted under the authority of the Texas Occupations Code Annotated, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine; and enforce this subtitle. The amendments are further adopted under the authority of House Bills 2059, 2174, 2454, and 3285 (86th Texas Legislature, R.S.).

No other statures, articles, or codes are affected by this adoption.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 12, 2020.

TRD-202002374

Scott Freshour

General Counsel

Texas Medical Board

Effective date: July 2, 2020

Proposal publication date: March 27, 2020

For further information, please call: (512) 305-7016