An applicant may elect to apply for a state health agency temporary license in lieu of licensure.
  (1) The executive director of the board may issue such a temporary license to an applicant:
    (A) who holds a valid license in another state or Canadian province on the basis of an examination, that is accepted by the board for licensure;
    (B) who has passed the Texas medical jurisprudence examination;
    (C) whose application has been filed, processed, and found to be in order. The application shall be complete in every detail; and
    (D) who holds a salaried, administrative, or clinical position with an agency of the State of Texas.
  (2) The state health agency temporary license shall be requested by the chief administrative officer of the employing state agency and shall be issued exclusively to that agency. The chief administrative officer shall state whether the temporary license is for a:
    (A) clinical position. This temporary license will be valid for a one-year period from the date of issuance and will not be renewable. The temporary license is revocable at any time the board deems necessary. During the period that the state health agency clinical temporary license is in effect, the physician will be supervised by a licensed staff physician who will regularly review the temporary license holder's skill and performance. This temporary license will be marked "clinical"; or
    (B) administrative non-clinical position. This temporary license will be valid for a one-year period from the date of issuance; however, it is revocable at any time the board deems necessary. The temporary license shall automatically expire one year after the date of issuance but may be re-issued annually at the request of the chief administrative officer of the employing state agency and at the discretion of the board. The holder of a state health agency temporary license, not designated as clinical, shall not practice medicine as that term is defined in the Medical Practice Act, TEX. OCCUPATIONS CODE ANN. §151.002(a)(13). This temporary license will be marked "administrative."

Source Note: The provisions of this §172.4 adopted to be effective November 7, 2004, 29 TexReg 10111; amended to be effective March 9, 2009, 34 TexReg 1589; amended to be effective January 20, 2014, 39 TexReg 279; amended to be effective November 26, 2017, 42 TexReg 6511