Click here to see the original Texas Medical Board Press Release.

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At its April 9-10, 2015 meeting, the Texas Medical Board disciplined 29 licensed physicians and issued three cease and
desist orders. The disciplinary actions included six orders related to quality of care violations, two orders related to
unprofessional conduct, two revocations, six voluntary surrenders, one order related to criminal activity, one order
related to peer review actions, three orders related to other states’ actions, one order related to improper prescribing,
two orders related to impairment, two orders related to violation of prior Board order, two orders related to advertising
violations, and one order related to inadequate medical records.

The Board issued 161 physician licenses at the April meeting, bringing the total number of physician licenses issued in
FY15 to 2,280.

RULE CHANGES ADOPTED

CHAPTER 161. GENERAL PROVISIONS

§161.3, Organization and Structure

The Amendments to §161.3, relating to Organization and Structure, clarify the process for reporting potential grounds
for removal of a board member, and adds a potential ground that must be reported related to both disciplinary and nondisciplinary action against a physician board member under subsection (f). The amendments also add new subsection
(g), providing that the validity of an action of the board is not affected by the fact that the action is taken when a ground
for removal of a board member exists. Remaining amendments represent general cleanup of the rule.

CHAPTER 163. LICENSURE

§163.1, Definitions

The Amendments to §163.1, relating to Definitions, added new subsection 163.1(9)(D), relating to “one-year training
program” and 163.1(13)(D), relating to “two-year training program” to include a domestic training program that
subsequently received accreditation by the Accreditation Council for Graduate Medical Education, American
Osteopathic Association or Royal College of Physicians, and was accepted by a specialty board that is a member of the
American Board of Medical Specialties, the Bureau of Osteopathic Specialists, or the Royal College of Physicians for
Board certification purposes. Additional amendments to Rule 163.1(13)(B), relating to ”two-year training program” adds
clarifying language that describes the board approved program under which a Faulty Temporary License was issued and
cites to corresponding rules relating to Faculty Temporary Licenses. This amendment will provide applicants a
mechanism to meet training requirements when such training was not accredited by the ACGME or AOA, at the time of
such training, but was subsequently accredited by the ACGME or AOA, and was accepted by one of the accepted
specialty boards for board certification purposes. An additional benefit will be to avoid confusion and to have rules that
are clear and accurate.

§163.7, Ten Year Rule

The Amendment to §163.7, relating to Ten Year Rule, revise paragraph (1) to add the Royal College of Physicians and
Surgeons of Canada to the list of specialty boards from which an applicant can present evidence of current competence
and updates the list of requirements to clarify that proof of initial certification through passage of all exams or
subsequent passage of a monitored written, specialty certification examination will meet the Ten Year Rule. This
amendment will expand the potential pool of qualified applicants by adding the Royal College of Physicians and
Surgeons of Canada, and to clarify the standards required of those applicants to satisfy the Ten Year Rule.

§163.11, Active Practice of Medicine

The Amendment to §163.11, relating to Active Practice of Medicine, revise subsection (c)(1)(A) to clarify that proof of
initial certification through passage of all exams or subsequent passage of a monitored written, specialty certification
examination will meet requirements for purposes of active practice. In addition, the Royal College of Physicians and
Surgeons of Canada is added to the list of acceptable specialty boards. The amendment will align the Active Practice rule
with other relevant rules in order to have consistency and parity among the rules.

CHAPTER 165. MEDICAL RECORDS

§165.1, Medical Records

The Amendments to §165.1, relating to Medical Records, adds language to subsection 165.1(a), contents of Medical
Record, to provide that such requirements pertain to all medical records regardless of the medium in which they are
made and maintained. Section 165.1(a)(7) is amended to correct a grammatical error by inserting the word “include.”
The rule is further amended to include new subsection 165.1(a)(8) which clarifies the requirement that a physician
document any communication made or received by the physician regarding a patient, about which the physician makes
a medical decision. The rule is further amended to include new subsection 165.1(a)(10) which further clarifies the
requirement that electronic patient medical records contain only accurate pre-populated data, described as data that is
based on actual findings from assessments, evaluations, examinations, or diagnostic results. The amendments to Rule
165.1(a) will result in: 1) having medical records that consistently contain required elements, regardless of method used
to make such records; 2) helping ensure that a patient’s medical record contains complete and accurate information
relating to physician-patient communications; and 3) helping to ensure that electronic patient medical records contain
accurate information and data.

CHAPTER 172. TEMPORARY AND LIMITED LICENSES

§172.8, Faculty Temporary Licenses

The Amendment to §172.8, relating to Faculty Temporary License, corrects a typographical error in Rule 172.8(a)(3) by
changing the reference to the Medical Practice Act to the correct Section number. The rule is further amended in Rule
172.8(a)(4)(A) and (B) to correct a grammatical error relating to the incorrect use of an article preceding a noun. The
amendment corrects an error thereby resulting in accurate and grammatically correct rules that contain correct citations
to other laws.

CHAPTER 174. TELEMEDICINE

§§174.2, Definitions; 174.5, Notice to Patients; 174.6, Telemedicine Services Provided at an Established Medical Site; 174.8, Evaluation and Treatment of the Patient

Note: These rules are not being immediately submitted for publication and will go into effect June 3, 2015. A rule
summary will be available following submission with the Texas Register.

CHAPTER 176. HEALTH CARE LIABILITY LAWSUITS AND SETTLEMENTS

§176.1, Definitions

The Amendment to §176.1, relating to Definitions, corrects a spelling error in Rule 176.1(6) by changing the word “exrays”
to “x-rays.” The amendment corrects a spelling error thereby resulting in correct, clear and accurate words within
the rules.

CHAPTER 190. DISCIPLINARY GUIDELINES

§190.8, Violation Guidelines

Note: These rules are not being immediately submitted for publication and will go into effect June 3, 2015. A rule
summary will be available following submission with the Texas Register.

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Click here to see the original Texas Medical Board Press Release.