The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicate otherwise.

(1) Act--Title 3, Subtitle B, Chapter 151-165, Texas Occupations Code Annotated for physicians; Title 3, Subtitle C, Chapter. 204, Texas Occupations Code Annotated for physician assistants; Title 3 Subtitle C, Chapter 206, Texas Occupations Code Annotated for surgical assistants; and Title 3, Subtitle C, Chapter 205, Texas Occupations Code Annotated for acupuncturists.

(2) Address of record--The mailing address of each subject licensee as provided to the board pursuant to the Act.

(3) Agency--The divisions, departments, and employees of the Texas Medical Board, the Texas Physician Assistant Board, and the Texas State Board of Acupuncture Examiners.

(4) Baseless or unfounded--Not based on any evidence or fact.

(5) Board--The appointed members of the Texas Medical Board for physicians and surgical assistants, the Texas Physician Assistant Board for physicians assistants, and the Texas State Board of Acupuncture for acupuncturists.

(6) Complaint--Information provided to the board that alleges a violation of the Act.

(7) Complainant--Any person, including an individual, partnership, association, corporation, or other entity, who initiates a complaint with the board against a licensee. A complainant may be a patient, a family member of a patient, a health care professional, or any other person who has information regarding the possible violation of the Act.

(8) Jurisdictional--A matter over which the board has authority.

(9) Licensee--A person to whom the board has issued a license, permit, certificate, approved registration, or similar form of permission authorized by law.

(10) Official Investigation--An investigation conducted by the agency of a complaint that, after preliminary investigation, has been determined to be jurisdictional and has been officially filed.

(11) Preliminary Investigation--An investigation conducted by the agency upon the initiation of a complaint to determine whether the complaint is jurisdictional and whether the complaint should be filed and an official investigation conducted.

(12) Subject licensee--The licensee against whom a complaint is filed.

Source Note: The provisions of this §178.2 adopted to be effective November 30, 2003, 28 TexReg 10489; amended to be effective January 25, 2006, 31 TexReg 390; amended to be effective December 4, 2011, 36 TexReg 8031