(a) Visiting Physician Temporary Permit - General.
  (1) The executive director of the board may issue a permit to practice medicine to an applicant who intends to practice under the supervision of a licensed Texas physician, excluding training in postgraduate training programs:
    (A) for educational purposes;
    (B) to practice charity care to underserved populations in Texas;
    (C) in cases of declared emergency disasters;
    (D) for the provision of forensic psychiatric examinations related to criminal matters; or
    (E) for the provision of specialized medical care for which the applying physician has demonstrated good cause for the issuance of the permit.
  (2) In order to be determined eligible for a visiting physician temporary permit the applicant must:
    (A) have an active medical license in another state, territory, Canadian province, or country;
    (B) not have any medical license that is under restriction, disciplinary order, probation, or investigation in another state, territory, Canadian province, or country;
    (C) be supervised by a physician who:
      (i) has an unrestricted license in Texas;
      (ii) does not have an investigation or proceeding pending for the restriction, cancellation, suspension, revocation, or other discipline of the supervising physician's medical license, permit, or authority to practice medicine; and
      (iii) has not been the subject of a disciplinary order, unless the order was administrative in nature;
    (D) present written verification from the physician who will be supervising the applicant that the physician will provide continuous supervision of the applicant. Constant physical presence of the physician is not required but the physician must remain readily available; and
    (E) present written verification from the supervising physician as to the purpose for the requested permit.
  (3) Visiting physician temporary permits shall be valid for no more than ten working days and for a specified locale and purpose. The executive director of the board, in his/her discretion, may extend the length of the temporary permit if the applicant shows good cause for why the extended time is needed.
(b) Visiting Physician Temporary Permit - KSTAR.
  (1) The executive director of the board may issue a permit to practice medicine to an applicant who intends to participate in the Texas A&M KSTAR program. In order to be determined eligible for a visiting physician temporary permit, the applicant must:
    (A) present written verification from the KSTAR program of acceptance into the program;
    (B) be supervised by a physician who:
      (i) has an unrestricted license in Texas;
      (ii) does not have an investigation or proceeding pending for the restriction, cancellation, suspension, revocation, or other discipline of the supervising physician's medical license, permit, or authority to practice medicine; and
      (iii) has not been the subject of a disciplinary order, unless the order was administrative in nature;
    (C) present written verification from the physician who will be supervising the applicant that the physician will provide continuous supervision of the applicant. Constant physical presence of the physician is not required but the physician must remain readily available; and
    (D) not have been convicted of a felony or have any medical license that is or has been under restriction, disciplinary order, or probation in another state, territory, or Canadian province based on a professional boundary violation, unless otherwise determined eligible by the Board.
  (2) Visiting physician temporary permits for participation in the KSTAR program shall be valid for the length of the program. The executive director of the board, in his/her discretion, may extend the length of the temporary permit if the applicant shows good cause for why the extended time is needed.

Source Note: The provisions of this §172.5 adopted to be effective November 7, 2004, 29 TexReg 10111; amended to be effective January 25, 2006, 31 TexReg 387; amended to be effective July 3, 2007, 32 TexReg 3992; amended to be effective September 19, 2010, 35 TexReg 8351; amended to be effective November 24, 2010, 35 TexReg 10231; amended to be effective December 23, 2012, 37 TexReg 9773; amended to be effective March 23, 2014, 39 TexReg 1930; amended to be effective August 3, 2014, 39 TexReg 5748; amended to be effective January 24, 2016, 41 TexReg 620