1. (a) Permit 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. Permit holders under this chapter shall also be subject to the limitations and restrictions elaborated in this chapter.
2. (b) Permit holders under this chapter shall cooperate with the board and board staff involved in the investigation, review, or monitoring associated with the permit holder's practice of medicine. Such cooperation shall include, but not be limited to, permit holder's written response to the board or board staff written inquiry within 14 days of receipt of such inquiry.
3. (c) In accordance with §155.105 of the Medical Practice Act, the board shall retain jurisdiction to discipline a permit holder whose permit has been terminated, canceled, and/or expired if the permit holder violated the Medical Practice Act or board rules during the time the permit was valid.
4. (d) The issuance of a permit to a physician shall not be construed to obligate the board to issue the physician subsequent permits or licenses. The board reserves the right to investigate, deny a permit or full licensure, and/or discipline a physician regardless of when the information was received by the board.

5. (e) The director of each approved postgraduate training program shall report in writing to the executive director of the board the following events within seven days of their occurrence:

   1. (1) if an applicant did not begin the training program due to failure to graduate from medical school as scheduled or for any other reason(s);
   2. (2) if a permit holder has been terminated or has resigned from the program and the reasons(s) why;
   3. (3) if a permit holder has been or will be absent from the program for more than 21 consecutive days (excluding vacation, family, or military leave) and the reason(s) why;
   4. (4) if the program has information that a permit holder has been arrested after the permit holder begins training in the program; and/or

   5. (5) if the program has information that a permit holder, while in postgraduate training:

      1. (A) engaged in alcohol or chemical substance abuse, dependency or addiction;
      2. (B) engaged in sexual contact with a patient, or sexually inappropriate behavior or comments directed towards a patient;
      3. (C) behaved in a disruptive manner toward physicians, hospital personnel, other medical personnel, patients, patient's family members or others that interferes with patient care or could be reasonably expected to adversely impact the quality of care rendered to a patient;
      4. (D) is known or suspected to have a medical disorder and has exhibited behavior that is likely to have resulted from the disorder and that could reasonable be expected to adversely affect the quality of care rendered to patients;
      5. (E) is known or suspected to have a sexual disorder, including but not limited to pedophilia, exhibitionism, voyeurism, frotteurism, or sexual sadism;
      6. (F) was named in a professional liability claim or suit in which the permit holder was named that involved death or serious bodily injury and in which funds were paid on behalf of the permit holder; or
      7. (G) failed to practice medicine in an acceptable professional manner consistent with public health and welfare where such failure indicates the permit holder in unable to practice medicine in a competent manner and the permit holder has been unable to correct his or her deficiencies through the remedial measures, if any, offered by the program.
   6. (6) if the program has determined that a permit holder has committed unprofessional or dishonorable conduct within the meaning of the Act or as defined under §190.1(c)(2) of this title relating to and the reason(s) why.

   7. (7) if the program has, in relation to academic or non-academic reasons, made a final determination and taken disciplinary or adverse action to include:

      1. (A) limited, reduced, suspended, revoked or denied privileges;
      2. (B) formally warned, censured, reprimanded, or admonished in writing;
      3. (C) monitored admissions and/or treatment plans in a manner that exceeds standard educational practices;
      4. (D) placed the permit holder on academic or disciplinary probation;
      5. (E) requested termination or terminated the permit holder from the program, requested or accepted withdrawal of the permit holder from the program, or requested or accepted resignation of the permit holder from the program; or
      6. (F) any such similar action and the reason(s) why.
6. (f) Failure of any physician , hospital or medical institution to comply with the provisions of this chapter or the Medical Practice Act §§160.002-.003 may be grounds for the denial of permits to persons seeking permits to practice at that institution.
7. (g) Board staff shall establish a mechanism by which a medical institution and/or training program may receive information regarding the application status of any physician who has applied with the Board for a permit to practice at that medical institution and/or training program.
8. (h) A violation of §§164.051-.053 or any other provision of the Medical Practice Act is grounds for denial or cancellation of a permit.

Source Note:The provisions of this §171.1 adopted to be effective May 9, 1999, 24 TexReg 3346; amended to be effective March 5, 2000, 25 TexReg 1623; amended to be adopted March 7, 2002, 27 TexReg 1487; amended to be effective April 27, 2003, 28 TexReg 3325.