SECTION 167.4. Best Interests of the Public

Pursuant to §164.151 of the Act, a physician may be reissued a medical license or reinstated to the practice of medicine only if the physician demonstrates that the reissuance or reinstatement is in the best interests of the public.

(1) Best interests of the public determination shall include: consideration and examination of the underlying action that led to the revocation in case of a physician who whose license was revoked.

(2) Best interests of the public may include, but not be limited to, an assessment by the Board as to whether the physician demonstrates:

(A) remediation of any competency, technical, educational, training or ethical limitations as found in the order leading to revocation or suspension of a license or any competency, technical, educational, training or ethical limitations found since the entry of the order;

(B) that risk of further disciplinary proceedings for the revocation or suspension of the license will be minimal or minimized if the physician is returned to the practice of medicine and the public will adequately be protected, whether by probationary order or other terms and conditions as agreed to by the physician or authorized by §164.101 and §164.102 of the Act;

(C) that an adequate practice plan will be in place to reduce or eliminate the risk of further disciplinary proceedings by the board;

(D) continued medical competency such that the physician is able to provide the same standard of medical care as any applicant for a license under Chapter 163 of this title (relating to Licensure). Further, the board shall require an applicant for reissuance to meet the qualifications and requirements set forth in Chapter 163 of this title, including, but not limited to documentation of completion of the process of a current application for licensure; and

(E) that the physician's services are needed and would benefit the citizens of Texas.

Source Note: The provisions of this §167.4 adopted to be effective March 16, 2008, 33 TexReg 2024; amended to be effective January 20, 2014, 39 TexReg 279