(a) Any approval of a physician or other professional to serve as a proctor, monitor, or supervisor or the approval of a group practice or institutional setting required by an order shall be given by the executive director or his or her designee.
(b) Approval of a physician or other professional required by an order must meet all of the following criteria:
  (1) board certification by a board certifying organization that meets the requirements of §164.4 of this title (relating to Board Certification);
  (2) no economic relationship with probationer;
  (3) no direct personal relationship with probationer;
  (4) no more than three medical malpractice suits filed and/or pending against the physician or other professional within a five year period;
  (5) no more than three resolved investigations by the board against the physician or other professional within a five year period; and
  (6) no disciplinary history, pending investigations, or formal SOAH complaints with the board.
(c) The criteria for approval of a group practice or institutional setting required by an order may include a review of the physicians connected with the group practice or institutional setting utilizing the criteria set forth in subsection (b) of this section.
(d) The executive director or his or her designee may consider other factors in addition to those listed in subsection (b) of this section.
(e) Upon receiving information that indicates a physician or other professional acting as a probationer's proctor, monitor, or supervisor, or one or more physicians in an approved group practice or institutional setting no longer meet criteria under subsection (b) of this section, or that other factors warrant withdrawal of approval for such individuals or settings, the executive director or his or her designee may withdraw approval for such a physician, professional, group practice, or institutional setting.
(f) Upon notice of the withdrawal of approval for a group practice or institutional setting, the probationer must cease practicing medicine at the group practice or institutional setting within 10 business days.

Source Note: The provisions of this §189.11 adopted to be effective May 9, 2002, 27 TexReg 3776; amended to be effective September 30, 2012, 37 TexReg 7486; amended to be effective March 23, 2014, 39 TexReg 1932; amended to be effective March 27, 2018, 43 TexReg 1866