1. (a) Any approval of a physician or other professional to serve as a proctor, monitor, or supervisor or the approval of a group practice or institutional setting required by an order or remedial plan as applicable, shall be given by the executive director or his or her designee.

2. (b) Approval of a physician or other professional required by an order or remedial plan must meet all of the following criteria:

   1. (1) board certification by a board certifying organization that meets the requirements of §164.4 of this title (relating to Board Certification);
   2. (2) no economic relationship with probationer;
   3. (3) no direct personal relationship with probationer;
   4. (4) no more than three medical malpractice suits filed and/or pending against the physician or other professional within a five year period;
   5. (5) no more than three resolved investigations by the board against the physician or other professional within a five year period; and
   6. (6) no disciplinary history, pending investigations, or formal SOAH complaints with the board.
3. (c) The criteria for approval of a group practice or institutional setting required by an order may include a review of the physicians connected with the group practice or institutional setting utilizing the criteria set forth in subsection (b) of this section.
4. (d) The executive director or his or her designee may consider other factors in addition to those listed in subsection (b) of this section.

Source Note:The provisions of this §189.11 adopted to be effective May 9, 2002, 27 TexReg 3776; amended to be effective September 30, 2012, 37 TexReg 7486.