(a) The board may issue a faculty temporary license to practice medicine to a physician in accordance with §155.104, Texas Occupations Code. "Physician," as used in that statute and in this section, is interpreted to mean a person who holds an M.D., D.O., or equivalent degree and who is licensed to practice medicine in another state or a Canadian province or has completed at least two years of postgraduate residency, but does not hold a license to practice medicine in this state.
  (1) Each medical license held in any state, territory, or Canadian province must be free of any restrictions, disciplinary order or probation.
  (2) The physician must have passed the Texas medical jurisprudence examination with a score of 75 or better.
(b) The faculty temporary license shall be issued for a period of one year. The holder of a faculty temporary license may apply for one or more successive faculty temporary licenses.
(c) The faculty temporary license holder's practice of medicine shall be limited to the teaching confines of the applying institution as a part of duties and responsibilities assigned by the institution to the physician.
(d) The physician may participate in the full activities of the department of any hospital for which the physician's institution has full responsibility for clinical, patient care, and teaching activities. "Full responsibility" means that the institution has agreed to provide physicians to see patients in the hospital and that the institution provides any necessary supervision for such physicians.
(e) The physician and the institution shall file affidavits with the board affirming acceptance of the terms, limitations, and conditions imposed by the board on the medical activities of the physician. The institution must also affirm in its affidavit that prior to filing the affidavit, the institution has reviewed the physician's criminal background, disciplinary history with other state licensing entities, and medical malpractice history.
(f) The application and fee for the faculty temporary license shall be presented to the executive director of the board at least 30 days prior to the effective date of the appointment of the physician.
(g) The application shall be made by the chairman of the department of the institution in which the physician teaches or the person holding the equivalent position at the institution where the physician teaches, and provide such information and documentation to the board as may be requested.
(h) The application shall be endorsed by the dean of the medical school or by the president of the institution. An endorsement must include a statement that the medical school or institution has investigated and determined the physician to be of good professional character and fit to practice medicine. An endorsement shall also state that the medical school or institution has accepted the responsibility to properly supervise the medical activities of the physician.
(i) Two years in a teaching faculty position under a faculty temporary license at any institution listed in subsection (a)(3) of this section may be equivalent to two years of approved postgraduate training if, at the conclusion of this two-year period, the physician presents recommendations in his or her behalf from the chief administrative officer and the president of the institution. A recommendation must include verification that the physician has completed at least two years in a teaching faculty position under a faculty temporary license at the level of assistant professor or higher and that the duties of the physician in such position required activities that demonstrate that the physician's medical competence is substantially equivalent to the competence of a person who has completed two years of an approved postgraduate residency program as described in §171.3(a)(1) of this title (relating to Physician-in-Training Permits). Each year in a teaching faculty position under a faculty temporary license shall be considered the equivalent of one year of approved postgraduate training.
(j) An applicant is not eligible for a faculty temporary license if:
  (1) the applicant holds a medical license that is currently restricted for cause, canceled for cause, suspended for cause, or revoked by a state of the United States, a province of Canada, or a uniformed service of the United States;
  (2) the applicant holds a medical license that has been subject to disciplinary action in another state, territory, or Canadian province;
  (3) an investigation or a proceeding is instituted against the applicant for the restriction, cancellation, suspension, or revocation of the applicant's medical license in a state of the United States, a province of Canada, or a uniformed service of the United States; or
  (4) a prosecution is pending against the applicant in any state, federal, or Canadian court for any offense that under the laws of this state is a felony or a misdemeanor that involves moral turpitude.

Source Note: The provisions of this §172.8 adopted to be effective November 7, 2004, 29 TexReg 10111; amended to be effective January 25, 2006, 31 TexReg 387; amended to be effective August 10, 2008, 33 TexReg 6135; amended to be effective November 29, 2009, 34 TexReg 8532; amended to be effective December 4, 2011, 36 TexReg 8029; amended to be effective July 4, 2012, 37 TexReg 4928; amended to be effective May 6, 2013, 38 TexReg 2759; amended to be effective August 3, 2014, 39 TexReg 5748; amended to be effective May 20, 2015, 40 TexReg 2666; amended to be effective November 26, 2017, 42 TexReg 6511