The Texas Medical Board (TMB) regulates the practice of medicine in Texas. The Board functions to protect the health and welfare of the people of Texas and it carries out its mission by licensing skilled professionals and enforcing standards of practice. To that end, the TMB recently adopted rule amendments that became effective in September, 2019.
Medical Records
Amendments to the TMB Rules on Medical Records relate to the Transfer and Disposal of Medical Records, and update the notice requirements when a physician leaves from or relocates a practice.
The rule as amended allows for use of electronic communications for notice to patients. Specifically, the modernized rule allows notification by “posting such notice on the physician’s or practice website[.]” 22 Tex. Admin. Code §165.5(b)(2)(A)(i). Patients seen in the last two years of the physician’s discontinuance of practice can be notified by “sending an email to each patient, in a manner that is compliant with state and federal law.” 22 Tex. Admin. Code §165.5(b)(2)(C)(ii).
Further, the rule provides exceptions from notice provisions for certain types of medical practices, including hospital-based practitioners and locum tenens temporary positions lasting less than 6 months. 22 Tex. Admin. Code §165.5(f).
Standing Delegation Orders
Amendments to TMB Rules on Standing Delegation Orders relate to Nonsurgical Medical Cosmetic Procedures contain two notice provisions. A facility providing Nonsurgical Medical Cosmetic Procedures must provide notice of how and where to file a complaint against a physician or physician assistant involved at the facility. 22 Tex. Admin. Code §193.17(e)(1). The new rule also requires providing notice to patients of the identity and Texas Medical License Number of the physician supervisor at the facility. 22 Tex. Admin. Code §193.17(e)(2).
The rule amendments also repealed entirely the subsection on Prescriptive Authority Agreements: Minimum Requirements in Chapter 193. This repeal eliminates duplicative language already required under §157.0512, of the Texas Occupations Code.
Medical License Defense Attorneys
If you have been notified of a complaint filed against you with the Texas Medical Board, BERTOLINO LLP can help. We are experienced medical license defense attorneys and we know how to navigate the TMB’s complaint process. We are prepared to represent you at any legal hearing or proceeding regarding your medical license.
Our Firm believes that immediately consulting an experienced medical license defense attorney to review allegations of misconduct helps ensure the most favorable outcome in your case. Our results speak for themselves.
BERTOLINO LLP represents licensed professionals across the entire State of Texas. To best serve our clients we have offices in Austin, Houston, and San Antonio.
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