22 Tex. Admin. Code § 187.13 – Informal Board Proceedings Relating to Licensure Eligibility

(a) Recommendations by the Executive Director.
1. (1) The executive director shall review applications for licensure. If an applicant is determined to be ineligible for a license by the executive director pursuant to §§155.001-155.152 of the Act, Chapter 163 of this title (relating to Licensure), or Chapter 171 of this title (relating to Postgraduate Training Permits), the applicant may request review of that determination by a committee of the board. The applicant must request the review not later than the 20th day after the date the applicant receives notice of the determination.
2. (2) To promote the expeditious resolution of any licensure matter, the executive director with the approval of the board, may recommend that an applicant be eligible for a license only under certain terms and conditions and present a proposed agreed order to the applicant.
  1. (A) If the proposed agreed order is acceptable to the applicant, the applicant shall sign the order and the order shall be presented to the board for consideration and acceptance without conducting an informal board proceeding relating to licensure eligibility.
  2. (B) If the proposed agreed order is not acceptable to the applicant, the applicant may request review of the executive director's recommendation by a committee of the board. The applicant must request review not later than the 20th day after the date the applicant receives notice of the executive director's recommendation.
(b) Determination by a Committee of the Board. Upon review of an application for licensure, a committee of the board may determine that the applicant is ineligible for licensure or is eligible for licensure with or without restrictions.
1. (1) Licensure with Restrictions.
  1. (A) If the committee determines that the applicant should be granted a license with restrictions based on the applicant's commission of a prohibited act or failure to demonstrate compliance with provisions under the Act or board rules, the committee, as the board's representatives, shall propose an agreed order. The terms and conditions of the proposed agreed order shall be submitted to the board for approval.
  2. (B) Upon an affirmative majority vote of members present, the board may approve the agreed order with or without modifications, and direct staff to present the order to the applicant.
    1. (i) If the applicant agrees to the terms of the proposed agreed order, the effective date of the order shall be upon the signing of the order by the applicant and passage of the medical jurisprudence examination, if applicable.
    2. (ii) If the applicant does not agree to the terms of the proposed agreed order, the applicant is considered ineligible for licensure.
  3. (C) If the board does not approve the proposed agreed order and by majority vote determines the applicant ineligible for licensure , the applicant shall be so informed and the matter shall be referred to board staff for appropriate action that may include further investigation or an additional appearance by the applicant before a committee of the board. The board must specify their rationale for the rejection of the proposed agreed order that shall be referenced in the minutes of the board.
2. (2) Ineligibility Determination.
  1. (A) If a committee of the board determines that an applicant is ineligible for licensure, the applicant shall be notified of the committee's determination and given the option of appealing the determination to SOAH or withdrawing his or her application. An applicant has 20 days from the date the applicant receives notice of the committee's determination to make the request.
  2. (B) If the applicant timely requests a SOAH hearing, the matter shall be referred to board staff.
  3. (C) If the applicant does not timely request a SOAH hearing or withdrawal of application, the committee's determination shall be submitted to the full board and shall become administratively final at the next scheduled board meeting.
  4. (D) If an applicant is determined ineligible for licensure, the applicant may request a rehearing of his/her application before a committee of the board. The request must be made within 20 days receipt of notice of the committee's initial determination of ineligibility. It is at the discretion of the committee whether to grant a rehearing.

Source Note:The provisions of this §187.13 adopted to be effective January 6, 2002, 26 TexReg 10867; amended to be effective April 27, 2003, 28 TexReg 3326; amended to be effective November 30, 2003, 28 TexReg 10494.