Applications for certification and biennial reports under this section shall be initially reviewed by the permits and legal staffs of the Texas State Board of Medical Examiners or other designees of the Texas State Board of Medical Examiners to determine compliance with the requirements for certification. If upon review of the application or statement and any supporting documentation, the applying or reporting Health Organization appears to be in compliance for certification or continued certification, such certification shall be made upon approval of the Texas State Board of Medical Examiners or a committee of the Texas State Board of Medical Examiners. In the event that such compliance cannot be determined or is otherwise in question for any reason including complaints of actions by the Health Organization in contravention of this section or the Act, including but not limited to failure to provide due process or evidence of undue influence on the practice of medicine, the application or statement and any supporting documentation shall be submitted to the Texas State Board of Medical Examiners or a committee of the Texas State Board of Medical Examiners for further review, investigation, and approval or denial. If an application for certification is denied or an insufficient biennial report results in decertification, the Health Organization shall be notified in writing of the basis for the denial or decertification, and the Health Organization may attempt to correct the deficiency, address any complaint, and resubmit the certification application or reporting statement without paying an additional fee if resubmitted within 60 days of the date of the mailing of the denial or decertification letter. If a biennial reporting statement is insufficient or there appears to be a basis for decertification, the Health Organization shall be notified in writing of the potential basis for decertification, and the Health Organization may attempt to correct the deficiency or potential basis for decertification without paying an additional fee if the corrective action is taken and the reporting statement is resubmitted within 60 days of the date of the mailing by the Texas State Board of Medical Examiners of the written explanation regarding the deficiency or apparent basis for decertification. If the deficiency or apparent basis for decertification is not remedied or adequately explained, and the corrected reporting statement submitted within the 60 day period, the Health Organization shall be decertified at the next meeting of the Texas State Board of Medical Examiners.

Source Note:The provisions of this §177.11 adopted to be effective October 22, 1996, 21 TexReg 9827; amended to be effective September 15, 1997, 22 TexReg 8998.