(a) When a licensee has surrendered his or her Texas medical license in lieu of a hearing or further investigation of alleged violations of the Medical Practice Act ("the Act"), Title 3 Subtitle B Texas Occupations Code, and its subsequent amendments, such a surrender shall be considered surrender associated with a disciplinary action.
(b) If the surrender of a Texas medical license was associated with disciplinary action, the Texas medical license shall not be returned to the licensee if the board's order on the merits of the disciplinary action is inconsistent with the return of that license. In addition to requirements set out in §196.4 of this chapter (relating to Relicensure after Relinquishment or Surrender of License), a licensee who reapplies for licensure must demonstrate that the licensee's return to the practice is in the best interest of the public as defined under §167.4 of this title (relating to Best Interests of the Public).
(c) If a licensee agrees to permanently surrender his or her license in lieu of further investigation or hearing, the licensee forfeits all rights to apply for any type of licensure with the board.

Source Note: The provisions of this §196.2 adopted to be effective June 1, 1988, 13 TexReg 2317; amended to be effective August 15, 1994, 19 TexReg 5952; amended to be effective April 27, 2003, 28 TexReg 3326; amended to be effective November 30, 2003, 28 TexReg 10502; amended to be effective December 30, 2007, 32 TexReg 9630; amended to be effective May 6, 2013, 38 TexReg 2760; amended to be effective January 20, 2014, 39 TexReg 298