ASSISTANT BOARD WITHIN 105 DAYS AFTER DISPOSITION OF THE CLAIM. A COPY OF A COURT ORDER OR SETTLEMENT AGREEMENT MAY BE USED AS PROVIDED IN 22 TAC §185.23.
8. Date of disposition: ________________ 9. Type of Disposition:
_______ (1) Settlement
_______ (2) Judgment after trial _______ (3) Other (please specify)
_________________________________________
10. Amount of indemnity agreed upon or ordered on behalf of this defendant: $ _______________________.
Note: If percentage of fault was not determined by the court or insurer in the case of multiple defendants, the insurer may report the total amount paid for the claim followed by a slash and the number of insured defendants. (Example: $100,000/3)
11. Appeal, if known: _____Yes _____ No. If yes, which party:
___________________________________________________________________________________
___________________________________________________ Person completing this report (SIGNATURE)
___________________________________________________ _________________
Person completing this report (PRINT NAME) Phone
(10) Professional Liability Suits and Claims. Following receipt of a notice of claim letter or a complaint filed in court against a licensee that is reported to the board, the licensee shall furnish to the board the following information within 14 days of the date of receipt of the board's request for said information:
(A) a completed questionnaire to provide summary information concerning the suit or claim;
(B) a completed questionnaire to provide information deemed necessary in assessing the licensee's competency;
(C) information on the status of any suit or claim previously reported to either the board or the medical board.
(e) Immunity and Reporting Requirements. A person, health care entity, medical peer review committee, or other entity that without malice furnishes records, information, or assistance to the board is immune from any civil liability arising from such act. Source Note: The provisions of this §185.23 adopted to be effective November 3, 2002, 27 TexReg 10027; amended to be effective June 29, 2006, 31 TexReg 5105; amended to be effective August 9, 2009, 34 TexReg 5133
§185.24. Procedure.
Chapter 187 of this title (relating to Procedural Rules ) shall govern procedures relating to physician assistants where applicable. If the provisions of Chapter 187 conflict with the Act or rules under this chapter, the Act and provisions of this chapter shall control.
Source Note: The provisions of this §185.24 adopted to be effective November 3, 2002, 27 TexReg 10027. §185.25. Compliance.
Chapter 189 of this title (relating to Compliance) shall be applied to physician assistants who are under board orders. If the provisions of Chapter 189 conflict with the Act or rules under this chapter, the Act and provisions of this chapter shall control.
Source Note: The provisions of this §185.25 adopted to be effective November 3, 2002, 27 TexReg 10027. §185.26. Voluntary Relinquishment or Surrender of Physician Assistant License.
Pursuant to §204.315 of the Act, the Board may accept the voluntary relinquishment or surrender of a physician assistant license. Chapter 196 of this title (relating to Voluntary Relinquishment or Surrender of a Medical License) shall govern the voluntary relinquishment or surrender of a physician assistant
license in a similar manner as that chapter applies to a medical license. Section 185.4 of this title (relating to Procedural Rules for Licensure Applicants) shall govern reapplication after a voluntary relinquishment or surrender.
Source Note: The provisions of this §185.26 adopted to be effective June 29, 2006, 31 TexReg 5105; amended to be effective August 9, 2009, 34 TexReg 5133.
§185.27. Duty to Report Certain Conduct to the Board.
A physician assistant shall report the following to the Board within 30 days after the event:
(1) Any change of address;
(2) Incarceration in a state or federal penitentiary;
(3) An initial conviction, final conviction, or placement on deferred adjudication, community supervision, or deferred disposition for:
(A) a felony;
(B) a misdemeanor that directly relates to the duties and responsibilities of a physician assistant licensed by the board;
(C) a misdemeanor involving moral turpitude;
(D) a misdemeanor under Chapter 22, Penal Code (relating to assaultive offenses), other than a misdemeanor punishable by fine only;
(E) a misdemeanor on conviction of which a defendant is required to register as a sex offender under Chapter 62, Code of Criminal Procedure;
(F) a misdemeanor under §25.07, Penal Code (relating to the violation of a protective order or a magistrate's order); or
(G) a misdemeanor under §25.071, Penal Code (relating to the violation of a protective order preventing offenses caused by bias or prejudice); or
(4) An initial finding by the trier of fact of guilt of a felony under:
(A) Chapter 481 or 483, Health and Safety Code (relating to offenses involving controlled substances and dangerous drugs);
(B) Section 485.033, Health and Safety Code (relating to offenses involving inhalant paraphernalia); or
(C) the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. §801 et seq.).
Source Note: The provisions of this §185.27 adopted to be effective September 19, 2010, 35 TexReg 8354
§185.28. Retired License.
The registration fee shall not apply to retired physician assistants.
(1) To become exempt from the registration fee due to retirement:
(A) the physician assistant's current license must not be under an investigation or order with the board or otherwise have a restricted license; and
(B) the physician assistant must request in writing on a form prescribed by the board for his or her license to be placed on official retired status.
(2) The following restrictions shall apply to physician assistants whose licenses are on official retired status:
(A) the physician assistant must not engage in clinical activities or practice medicine in any state;
(B) the physician assistant may not prescribe or administer drugs to anyone, nor may the physician assistant possess a Drug Enforcement Agency or Texas controlled substances registration; and
(C) the physician assistant's license may not be endorsed to any other state.
(3) A physician assistant may return to active status by applying to the board, paying an application fee equal to an application fee for a physician assistant license, complying with the requirements for license renewal under the Act, demonstrating current certification by NCCPA, and submitting professional evaluations from each employment held before the license was placed on retired status, and complying with paragraph (4) of this section.
(4) The request of a physician assistant seeking a return to active status whose license has been placed on official retired status for two years or longer shall be submitted to the Licensure Committee of the board for consideration and a recommendation to the full board for approval or denial of the request. After consideration of the request and the recommendation of the Licensure Committee, the board shall grant or deny the request. If the request is granted, it may be granted without conditions or subject to such conditions which the board determines are necessary to adequately protect the public including but not limited to:
(A) current certification by the National Commission on the Certification of Physician Assistants;
(B) completion of specified continuing medical education hours approved for Category 1 credits by a CME sponsor approved by the American Academy of Physician Assistants;
(C) limitation and/or exclusion of the practice of the applicant to specified activities of the practice as a physician assistant;
(D) remedial education; and/or
(E) such other remedial or restrictive conditions or requirements which, in the discretion of the board are necessary to ensure protection of the public and minimal competency of the applicant to safely practice as a physician assistant.
(5) The request of a physician assistant seeking a return to active status whose license has been placed on official retired status for less than two years may be approved by the executive director of the board or submitted by the executive director to the Licensure Committee for consideration and a recommendation to the full board for approval or denial of the request. In those instances in which the executive director submits the request to the Licensure Committee of the board, the Licensure Committee shall make a recommendation to the full board for approval or denial. After consideration of the request and the recommendation of the Licensure Committee, the board shall grant or deny the request subject to such conditions which the board determines are necessary to adequately protect the public including but not limited to those options provided in paragraph (4)(A) -(E) of this section. (6) In evaluating a request to return to active status, the Licensure Committee or the full board may require a personal appearance by the requesting physician assistant at the offices of the board, and may also require a physical or mental examination by one or more physicians or other health care providers approved in advance in writing by the executive director, the secretary-treasurer, the Licensure commit- tee, or other designee(s) determined by majority vote of the board.
(7) A physician assistant applying for retired status under paragraphs (1) and (2) of this section may be approved for emeritus retired status, a subgroup of "official retired status," provided that the physician assistant has:
(A) never received a remedial plan or been the subject of disciplinary action by the Texas Physician Assistant Board;
(B) no criminal history, including pending charges, indictment, conviction and/or deferred adjudication in Texas; and
(C) never held a license, registration or certification that has been restricted for cause, canceled for cause, suspended for cause, revoked or subject to another form of discipline in a state, or territory of the United States, a province of Canada, a uniformed service of the United States or other regulatory agency.