(a) The purpose of this rule is to allow the Texas Medical Board, its advisory boards and committees (collectively "Board") to provide a rapid and safe response to health care and medical needs as a result of natural disasters and emergencies through an emergency licensing process. In the event of an occurrence for which the Governor of the State of Texas has declared a state of emergency, in accordance with the Texas Government Code, the Office of the Governor may temporarily suspend all necessary statutes and rules to allow health care providers to practice medicine, or within the scope of their appropriate licensure, permit, or certification in Texas to assist with disaster response operations.
(b) The Board shall, pursuant to a lawful emergency declaration, waive requirements for licensure except to the extent set forth below and after the Governor of the State of Texas has declared a disaster or state of emergency, or in the event of an occurrence for which a county or municipality has declared a disaster or state of emergency, or to protect the public health, safety or welfare of its citizens. There are two ways for physicians to practice medicine under this rule:
  (1) Hospital-to-Hospital Credentialing: A physician who holds a full, unlimited and unrestricted license to practice medicine in another U.S. state, territory or district and has unrestricted hospital credentials and privileges in any U.S. state, territory or district may practice medicine at a hospital that is licensed by the Texas Health and Human Services Commission upon the following terms and conditions being met:
    (A) the licensed Texas hospital shall verify all physician credentials and privileges;
    (B) the licensed Texas hospital shall keep a list of all physicians coming to practice and shall provide this list to the Board within ten (10) days of each physician starting practice at the licensed Texas hospital; and
    (C) the licensed Texas hospital shall also provide the Board a list of when each physician has stopped practicing medicine in Texas under this section within ten (10) days after each physician has stopped practicing medicine under this section.
  (2) Limited Emergency License: A physician who holds a full, unlimited and unrestricted license to practice medicine in another U.S. state, territory or district may qualify for a limited emergency license upon the following conditions being met:
    (A) the applicant must complete a limited emergency license application;
    (B) the Board shall verify that the physician holds a full, unlimited and unrestricted license to practice medicine in another U.S. state, territory or district; and
    (C) the applicant must present written verification from a Texas sponsoring physician who is requesting the physician to assist in the disaster or emergency.
(c) The Board may limit the sponsored physician's practice locale and scope of practice.
(d) The Texas sponsoring physician shall be considered the supervising physician for the sponsored physician.
(e) The Board shall have jurisdiction over all physicians practicing under this subchapter for all purposes set forth in or related to Texas Occupations Code, and all other applicable state and federal laws, and such jurisdiction shall continue in effect even after any and all physicians have stopped practicing medicine under this section related to providing medical services in Texas during the disaster or emergency.
(f) A physician license issued under this subchapter shall be valid for no more than thirty (30) days from the date the physician is licensed or until the emergency or disaster declaration has been withdrawn or ended, whichever is longer.
(g) Physicians holding limited emergency licenses under this subchapter shall not receive any compensation outside of their usual compensation for the provision of medical services during a disaster or emergency.

Source Note: The provisions of this §172.20 adopted to be effective July 28, 2019, 44 TexReg 3633