reglab/housing_qa huggingface dataset:
TX Occ Code § 162.0021 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle B - Physicians|Chapter 162 - Regulation of Practice of Medicine|Subchapter A. Regulation by Board of Certain Nonprofit Health Corporations|Section 162.0021. Interference With Physician's Professional Judgment Prohibited

Sec. 162.0021.  INTERFERENCE WITH PHYSICIAN'S PROFESSIONAL JUDGMENT PROHIBITED.  A health organization certified under Section 162.001(b) may not interfere with, control, or otherwise direct a physician's professional judgment in violation of this subchapter or any other provision of law, including board rules.|Added by Acts 2011, 82nd Leg., R.S., Ch. 670 (S.B. 1661), Sec. 1, eff. September 1, 2011.|
TX Occ Code § 162.0022 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle B - Physicians|Chapter 162 - Regulation of Practice of Medicine|Subchapter A. Regulation by Board of Certain Nonprofit Health Corporations|Section 162.0022. Health Organization Policies

Sec. 162.0022.  HEALTH ORGANIZATION POLICIES.  (a)  A health organization certified under Section 162.001(b) shall adopt, maintain, and enforce policies to ensure that a physician employed by the health organization exercises independent medical judgment when providing care to patients.(b)  The policies adopted under this section must include policies relating to:(1)  credentialing;(2)  quality assurance;(3)  utilization review; and(4)  peer review.(c)  The policies adopted under this section, including any amendments to the policies, must be developed by the board of directors or board of trustees, as applicable, of the health organization and approved by an affirmative vote.(d)  The policies of the health organization must be drafted and interpreted in a manner that reserves the sole authority to engage in the practice of medicine to a physician participating in the health organization, regardless of the physician's employment status with the health organization.|Added by Acts 2011, 82nd Leg., R.S., Ch. 670 (S.B. 1661), Sec. 1, eff. January 1, 2012.|
TX Occ Code § 162.0023 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle B - Physicians|Chapter 162 - Regulation of Practice of Medicine|Subchapter A. Regulation by Board of Certain Nonprofit Health Corporations|Section 162.0023. Disciplinary Action Restriction

Sec. 162.0023.  DISCIPLINARY ACTION RESTRICTION.  A physician employed by a health organization certified under Section 162.001(b) retains independent medical judgment in providing care to patients, and the health organization may not discipline the physician for reasonably advocating for patient care.|Added by Acts 2011, 82nd Leg., R.S., Ch. 670 (S.B. 1661), Sec. 1, eff. September 1, 2011.|
TX Occ Code § 162.0024 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle B - Physicians|Chapter 162 - Regulation of Practice of Medicine|Subchapter A. Regulation by Board of Certain Nonprofit Health Corporations|Section 162.0024. Contractual Waiver Prohibited

Sec. 162.0024.  CONTRACTUAL WAIVER PROHIBITED.  (a)  The requirements of this subchapter may not be voided or waived by contract.(b)  Notwithstanding Subsection (a), a member of a health organization certified under Section 162.001(b) may establish ethical and religious directives and a physician may contractually agree to comply with those directives.|Added by Acts 2011, 82nd Leg., R.S., Ch. 670 (S.B. 1661), Sec. 1, eff. September 1, 2011.|
TX Occ Code § 162.003 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle B - Physicians|Chapter 162 - Regulation of Practice of Medicine|Subchapter A. Regulation by Board of Certain Nonprofit Health Corporations|Section 162.003. Refusal to Certify; Revocation; Penalty

Sec. 162.003.  REFUSAL TO CERTIFY; REVOCATION; PENALTY.  On a determination that a health organization commits a violation of this subtitle or is established, organized, or operated in violation of or with the intent to violate this subtitle, the board may:(1)  refuse to certify the health organization on application for certification by the organization under Section 162.001;(2)  revoke a certification made under Section 162.001 to that organization; or(3)  impose an administrative penalty against the health organization under Subchapter A, Chapter 165.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.033(a), eff. Sept. 1, 2001.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 670 (S.B. 1661), Sec. 2, eff. September 1, 2011.Acts 2019, 86th Leg., R.S., Ch. 771 (H.B. 1532), Sec. 1, eff. September 1, 2019.|
TX Occ Code § 162.004 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle B - Physicians|Chapter 162 - Regulation of Practice of Medicine|Subchapter A. Regulation by Board of Certain Nonprofit Health Corporations|Section 162.004. Procedures for and Disposition of Complaints Against Certain Health Organizations

Sec. 162.004.  PROCEDURES FOR AND DISPOSITION OF COMPLAINTS AGAINST CERTAIN HEALTH ORGANIZATIONS.  (a)  The board shall accept and process complaints against a health organization certified under Section 162.001(b) for alleged violations of this subchapter or any other provision of this subtitle applicable to a health organization in the same manner as provided under Subchapter B, Chapter 154, and the rules adopted under that subchapter, including the requirements to:(1)  maintain a system to promptly and efficiently act on complaints filed with the board;(2)  with respect to a health organization that is the subject of a complaint, notify the health organization that a complaint has been filed, disclose the nature of the complaint, and provide the health organization with an opportunity to respond to the complaint;(3)  ensure that a complaint is not dismissed without appropriate consideration; and(4)  establish methods by which physicians employed by a health organization are notified of the name, mailing address, and telephone number of the board for the purpose of directing complaints under this section to the board.(b)  Each complaint, adverse report, investigation file, other investigation report, and other investigative information in the possession of or received or gathered by the board or the board's employees or agents relating to a health organization certified under Section 162.001(b) is privileged and confidential and is not subject to discovery, subpoena, or other means of legal compulsion for release to anyone other than the board or the board's employees or agents involved in the investigation or discipline of a health organization certified under Section 162.001(b).(c)  The board may dispose of a complaint or resolve the investigation of a complaint under this section in a manner provided under Subchapter A, Chapter 164, to the extent the board determines the provisions of that subchapter can be made applicable to a health organization certified under Section 162.001.(d)  This section does not require an individual to file or prohibit an individual from filing a complaint against a health organization certified under Section 162.001(b) directly with the health organization, alone or in connection with a complaint filed with the board under this section, relating to:(1)  the care or services provided by, or the policies of, the health organization; or(2)  an alleged violation by the health organization of this subchapter or any other provision of this subtitle applicable to the health organization.|Added by Acts 2019, 86th Leg., R.S., Ch. 771 (H.B. 1532), Sec. 2, eff. September 1, 2019.|
TX Occ Code § 162.005 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle B - Physicians|Chapter 162 - Regulation of Practice of Medicine|Subchapter A. Regulation by Board of Certain Nonprofit Health Corporations|Section 162.005. Anti-Retaliation Policy

Sec. 162.005.  ANTI-RETALIATION POLICY.  (a)  A health organization certified under Section 162.001(b) shall develop, implement, and comply with an anti-retaliation policy for physicians under which the health organization may not terminate, demote, retaliate against, discipline, discriminate against, or otherwise penalize a physician for:(1)  filing in good faith a complaint under Section 162.004;(2)  cooperating in good faith with an investigation or proceeding of the board relating to a complaint filed under Section 162.004; or(3)  communicating to a patient in good faith what the physician reasonably believes to be the physician's best, independent medical judgment.(b)  On a determination that a health organization certified under Section 162.001(b) has failed to develop, implement, or comply with a policy described by Subsection (a), the board may take any action allowed under this subtitle or board rule applicable to a health organization.|Added by Acts 2019, 86th Leg., R.S., Ch. 771 (H.B. 1532), Sec. 2, eff. September 1, 2019.|
TX Occ Code § 162.051 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle B - Physicians|Chapter 162 - Regulation of Practice of Medicine|Subchapter B. Authority to Form Certain Entities|Section 162.051. Authority to Form Certain Jointly Owned Entities

Sec. 162.051.  AUTHORITY TO FORM CERTAIN JOINTLY OWNED ENTITIES.  (a)  Except as provided by Section 165.155, a physician and an optometrist or therapeutic optometrist may, for a purpose described by Subsection (b), organize, jointly own, and manage any legal entity, including:(1)  a partnership under the Texas Revised Partnership Act (Article 6132b-1.01 et seq., Vernon's Texas Civil Statutes);(2)  a limited partnership under the Texas Revised Limited Partnership Act (Article 6132a-1, Vernon's Texas Civil Statutes);  and(3)  a limited liability company under the Texas Limited Liability Company Act (Article 1528n, Vernon's Texas Civil Statutes).(b)  An entity authorized under Subsection (a) may:(1)  own real property, other physical facilities, or equipment for the delivery of health care services or management;(2)  lease, rent, or otherwise acquire the use of real property, other physical facilities, or equipment for the delivery of health care services or management;  or(3)  employ or otherwise use a person who is not a physician, optometrist, or therapeutic optometrist for the delivery of health care services or management.(c)  Only a physician, optometrist, or therapeutic optometrist may own an interest in an entity authorized under Subsection (a).  This subsection does not prohibit an entity from making one or more payments to an owner's estate following the owner's death under an agreement with the owner or as otherwise authorized or required by law.|Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.033(a), eff. Sept. 1, 2001.|
TX Occ Code § 162.052 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle B - Physicians|Chapter 162 - Regulation of Practice of Medicine|Subchapter B. Authority to Form Certain Entities|Section 162.052. Notice of Certain Ownership Interests

Sec. 162.052.  NOTICE OF CERTAIN OWNERSHIP INTERESTS.  (a)  In this section, "niche hospital" has the meaning assigned by Section 105.002.(b)  A physician shall notify the Department of State Health Services of any ownership interest held by the physician in a niche hospital.(c)  Subsection (b) does not apply to an ownership interest in publicly available shares of a registered investment company, such as a mutual fund, that owns publicly traded equity securities or debt obligations issued by a niche hospital or an entity that owns the niche hospital.(d)  The board, in consultation with the Department of State Health Services, shall adopt rules governing the form and content of the notice required by Subsection (b).|Added by Acts 2005, 79th Leg., Ch. 836 (S.B. 872), Sec. 2, eff. September 1, 2005.|
TX Occ Code § 162.053 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle B - Physicians|Chapter 162 - Regulation of Practice of Medicine|Subchapter B. Authority to Form Certain Entities|Section 162.053. Jointly Owned Entities With Physician Assistants

Sec. 162.053.  JOINTLY OWNED ENTITIES WITH PHYSICIAN ASSISTANTS.  (a)  A physician who jointly owns an entity with a physician assistant shall report annually to the board the ownership interest and other information required by board rule.(b)  The board shall assess a fee for processing each report required by Subsection (a).(c)  A report filed under Subsection (a) is public information for purposes of Chapter 552, Government Code.|Added by Acts 2011, 82nd Leg., R.S., Ch. 782 (H.B. 2098), Sec. 4, eff. June 17, 2011.|
TX Occ Code § 162.101 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle B - Physicians|Chapter 162 - Regulation of Practice of Medicine|Subchapter C. Anesthesia in Outpatient Setting|Section 162.101. Definition

Sec. 162.101.  DEFINITION.  In this subchapter, "outpatient setting" means a facility, clinic, center, office, or other setting that is not part of a licensed hospital or a licensed ambulatory surgical center.|Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.033(a), eff. Sept. 1, 2001.|
TX Occ Code § 162.102 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle B - Physicians|Chapter 162 - Regulation of Practice of Medicine|Subchapter C. Anesthesia in Outpatient Setting|Section 162.102. Rules

Sec. 162.102.  RULES.  (a)  The board by rule shall establish the minimum standards for anesthesia services provided in an outpatient setting by a person licensed by the board.(b)  The rules adopted under this section must be designed to protect the health, safety, and welfare of the public and include requirements relating to:(1)  general anesthesia, regional anesthesia, and monitored anesthesia care;(2)  patient evaluation, diagnosis, counseling, and preparation;(3)  patient monitoring to be performed and equipment to be used during a procedure and during post-procedure monitoring;(4)  emergency procedures, drugs, and equipment, including education, training, and certification of personnel, as appropriate, and including protocols for transfers to a hospital;(5)  the documentation necessary to demonstrate compliance with this subchapter;  and(6)  the period in which protocols or procedures covered by rules of the board shall be reviewed, updated, or amended.(c)  The board shall cooperate with the Texas Board of Nursing in the adoption of rules under this subchapter to eliminate, to the extent possible, conflicts between the rules adopted by each board.|Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.033(a), eff. Sept. 1, 2001.Amended by: Acts 2007, 80th Leg., R.S., Ch. 889 (H.B. 2426), Sec. 34, eff. September 1, 2007.|
TX Occ Code § 162.103 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle B - Physicians|Chapter 162 - Regulation of Practice of Medicine|Subchapter C. Anesthesia in Outpatient Setting|Section 162.103. Applicability

Sec. 162.103.  APPLICABILITY.  Rules adopted by the board under this subchapter do not apply to:(1)  an outpatient setting in which only local anesthesia, peripheral nerve blocks, or both are used in a total dosage amount that does not exceed 50 percent of the recommended maximum safe dosage per outpatient visit;(2)  a licensed hospital, including an outpatient facility of the hospital that is located separate from the hospital;(3)  a licensed ambulatory surgical center;(4)  a clinic located on land recognized as tribal land by the federal government and maintained or operated by a federally recognized Indian tribe or tribal organization as listed by the United States secretary of the interior under 25 U.S.C. Section 479a-1 or as listed under a successor federal statute or regulation;(5)  a facility maintained or operated by a state or local governmental entity;(6)  a clinic directly maintained or operated by the United States; or(7)  an outpatient setting accredited by:(A)  The Joint Commission relating to ambulatory surgical centers;(B)  the American Association for Accreditation of Ambulatory Surgery Facilities; or(C)  the Accreditation Association for Ambulatory Health Care.|Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.033(a), eff. Sept. 1, 2001.Amended by: Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 1.31, eff. September 1, 2005.Acts 2013, 83rd Leg., R.S., Ch. 596 (S.B. 978), Sec. 1, eff. September 1, 2013.|
TX Occ Code § 162.104 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle B - Physicians|Chapter 162 - Regulation of Practice of Medicine|Subchapter C. Anesthesia in Outpatient Setting|Section 162.104. Registration Required

Sec. 162.104.  REGISTRATION REQUIRED.  (a)  The board shall require each physician who administers anesthesia or performs a surgical procedure for which anesthesia services are provided in an outpatient setting to register with the board on a form prescribed by the board and to pay a fee to the board in an amount established by the board.(b)  The board shall coordinate the registration required under this section with the registration required under Chapter 156 so that the times of registration, payment, notice, and imposition of penalties for late payment are similar and provide a minimum of administrative burden to the board and to physicians.|Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.033(a), eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 202, Sec. 25, eff. June 10, 2003.|
TX Occ Code § 162.105 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle B - Physicians|Chapter 162 - Regulation of Practice of Medicine|Subchapter C. Anesthesia in Outpatient Setting|Section 162.105. Compliance With Anesthesia Rules

Sec. 162.105.  COMPLIANCE WITH ANESTHESIA RULES.  (a)  A physician who practices medicine in this state and who administers anesthesia or performs a surgical procedure for which anesthesia services are provided in an outpatient setting shall comply with the rules adopted under this subchapter. (b)  The board may require a physician to submit and comply with a corrective action plan to remedy or address any current or potential deficiencies with the physician's provision of anesthesia in an outpatient setting in accordance with this subtitle or rules of the board.|Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.033(a), eff. Sept. 1, 2001.|
TX Occ Code § 162.106 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle B - Physicians|Chapter 162 - Regulation of Practice of Medicine|Subchapter C. Anesthesia in Outpatient Setting|Section 162.106. Inspections

Sec. 162.106.  INSPECTIONS.  (a)  The board may conduct inspections of a physician's equipment and office procedures that relate to the provision of anesthesia in an outpatient setting as necessary to enforce this subchapter.(b)  The board may establish a risk-based inspection process in which the board conducts inspections based on the length of time since:(1)  the equipment and outpatient setting were last inspected; and(2)  the physician submitted to inspection.(c)  The board may contract with another state agency or qualified person to conduct the inspections.(d)  Unless it would jeopardize an ongoing investigation, the board shall provide at least five business days' notice before conducting an on-site inspection under this section.(e)  The board shall maintain a record of the outpatient settings in which physicians provide anesthesia.(f)  A physician who provides anesthesia in an outpatient setting shall inform the board of any other physician with whom the physician shares equipment used to administer anesthesia.(g)  This section does not require the board to make an on-site inspection of a physician's office.|Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.033(a), eff. Sept. 1, 2001.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1231 (H.B. 1504), Sec. 9, eff. September 1, 2019.|
TX Occ Code § 162.107 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle B - Physicians|Chapter 162 - Regulation of Practice of Medicine|Subchapter C. Anesthesia in Outpatient Setting|Section 162.107. Requests for Inspection and Advisory Opinion

Sec. 162.107.  REQUESTS FOR INSPECTION AND ADVISORY OPINION.  (a)  The board may consider a request by a physician for an on-site inspection.  The board, on payment of a fee established by the board, may conduct the inspection and issue an advisory opinion.(b)  An advisory opinion issued by the board under this section is not binding on the board.  Except as provided by Subsection (c), the board may take any action under this subtitle relating to the situation addressed by the advisory opinion that the board considers appropriate.(c)  A physician who requests and relies on an advisory opinion of the board may use the opinion as mitigating evidence in an action or proceeding to impose an administrative penalty or assess a civil penalty under this subtitle.  On receipt of proof of reliance on an advisory opinion, the board or court, as appropriate, shall consider the reliance and mitigate imposition of an administrative penalty or assessment of a civil penalty accordingly.|Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.033(a), eff. Sept. 1, 2001.|
TX Occ Code § 162.151 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle B - Physicians|Chapter 162 - Regulation of Practice of Medicine|Subchapter D. Physician Credentialing|Section 162.151. Definitions

Sec. 162.151.  DEFINITIONS.  In this subchapter:(1)  "Core credentials data" means:(A)  name and other demographic data;(B)  professional education;(C)  professional training;(D)  licenses;  and(E)  Educational Commission for Foreign Medical Graduates certification. (2)  "Credentials verification organization" means an organization that is certified or accredited and organized to collect, verify, maintain, store, and provide to health care entities a health care practitioner's verified credentials data, including all corrections, updates, and modifications to that data.  For purposes of this subdivision, "certified" or "accredited" includes certification or accreditation by a nationally recognized accreditation organization.(3)  "Health care entity" means:(A)  a health care facility or other health care organization licensed or certified to provide approved medical and allied health services in this state;(B)  an entity licensed by the Texas Department of Insurance as a prepaid health care plan or health maintenance organization or as an insurer to provide coverage for health care services through a network of providers;  or(C)  a health care provider entity accepting delegated credentialing functions from a health maintenance organization.(4)  "Physician" means a holder of or applicant for a license under this subtitle as a medical doctor or doctor of osteopathy.|Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.033(a), eff. Sept. 1, 2001.|Sec. 162.152.  ASSOCIATIONS.  Each provision of this subchapter that applies to a health care entity also applies to an association that represents federally qualified health centers.  For purposes of this section, "federally qualified health center" has the meaning assigned by 42 U.S.C. Section 1396d(l)(2)(B), as amended.|Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.033(a), eff. Sept. 1, 2001.|