reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 167 - Texas Physician Health Program › Section 167.009. Referral by Board or Physician Assistant Board as Prerequisite for Issuing or Maintaining a License

Sec. 167.009.  REFERRAL BY BOARD OR PHYSICIAN ASSISTANT BOARD AS PREREQUISITE FOR ISSUING OR MAINTAINING A LICENSE.  (a)  The board or the physician assistant board, through an agreed order or after a contested proceeding, may make a referral to the program and require participation in the program by a specified physician or physician assistant as a prerequisite for issuing or maintaining a license under Chapter 155 or 204.
(b)  The board or the physician assistant board may discipline a physician or physician assistant required to participate in the program under Subsection (a) who does not participate in the program.
(c)  Each program participant is individually responsible for payment of the participant's own medical costs, including any required evaluations, primary treatment, and continuing care.
Added by Acts 2009, 81st Leg., R.S., Ch. 1345 (S.B. 292), Sec. 2(a), eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 167 - Texas Physician Health Program › Section 167.0091. Referrals for Certain Professions

Sec. 167.0091.  REFERRALS FOR CERTAIN PROFESSIONS.  Notwithstanding any other provision of this chapter, the board, the Texas Board of Medical Radiologic Technology, or the Texas Board of Respiratory Care, as appropriate, may make a referral to the program and require participation in the program as a prerequisite for issuing or maintaining a license, certificate, permit, or other authorization under Chapter 601, 602, 603, or 604.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.002, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 167 - Texas Physician Health Program › Section 167.010. Confidentiality

Sec. 167.010.  CONFIDENTIALITY.  (a)  Each referral, proceeding, report, investigative file, record, or other information received, gathered, created, or maintained by the program or its employees, consultants, work site monitors, or agents relating to a physician or physician assistant is privileged and confidential and is not subject to disclosure under Chapter 552, Government Code, or to discovery, subpoena, or other means of legal compulsion for release to any person except as provided by this chapter.
(b)  Notwithstanding Subsection (a), the program may report to the board or the physician assistant board, as appropriate, the name and pertinent information relating to impairment of a physician or physician assistant.
(c)  Notwithstanding Subsection (a), the program shall make a report to the board or the physician assistant board, as appropriate, regarding a physician or physician assistant if the medical director or the governing board determines that the physician or physician assistant poses a continuing threat to the public welfare.  If requested by the board or the physician assistant board, a report under this subsection must include all information in the possession or control of the program.
Added by Acts 2009, 81st Leg., R.S., Ch. 1345 (S.B. 292), Sec. 2(a), eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 167 - Texas Physician Health Program › Section 167.012. Memorandum of Understanding With Board

Sec. 167.012.  MEMORANDUM OF UNDERSTANDING WITH BOARD.  The governing board and the board shall enter into a memorandum of understanding to better coordinate services and operations of the program.  The memorandum of understanding must be adopted by rule and:
(1)  establish performance measures for the program, including the number of participants who successfully complete the program;
(2)  include a list of services the board will provide for the program; and
(3)  require that an internal audit of the program be conducted at least once every three years to ensure the program is properly documenting and referring all noncompliance to the board.
Added by Acts 2019, 86th Leg., R.S., Ch. 1231 (H.B. 1504), Sec. 17, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 167 - Texas Physician Health Program › Section 167.013. Gifts, Grants, and Donations

Sec. 167.013.  GIFTS, GRANTS, AND DONATIONS.  In addition to any fees paid to the board or money appropriated to the board for the program, the governing board may receive and accept a gift, grant, donation, or other thing of value from any source, including the United States or a private source, for the program.
Added by Acts 2019, 86th Leg., R.S., Ch. 1231 (H.B. 1504), Sec. 17, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 168 - Regulation of Pain Management Clinics › Subchapter A. General Provisions › Section 168.001. Definitions

Sec. 168.001.  DEFINITIONS.  In this chapter:
(1)  "Pain management clinic" means a publicly or privately owned facility for which a majority of patients are issued on a monthly basis a prescription for opioids, benzodiazepines, barbiturates, or carisoprodol, but not including suboxone.
(2)  "Operator" means an owner, medical director, or physician affiliated or associated with the pain management clinic in any capacity.  Each of these individuals is considered to be operating at the pain management clinic.
Redesignated from Occupations Code, Chapter 167 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(45), eff. September 1, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 478 (S.B. 1235), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 168 - Regulation of Pain Management Clinics › Subchapter A. General Provisions › Section 168.002. Exemptions

Sec. 168.002.  EXEMPTIONS.  This chapter does not apply to:
(1)  a medical or dental school or an outpatient clinic associated with a medical or dental school;
(2)  a hospital, including any outpatient facility or clinic of a hospital;
(3)  a hospice established under 40 T.A.C. Section 97.403 or defined by 42 C.F.R. Section 418.3;
(4)  a facility maintained or operated by this state;
(5)  a clinic maintained or operated by the United States;
(6)  a health organization certified by the board under Section 162.001; or
(7)  a clinic owned or operated by a physician who treats patients within the physician's area of specialty and who personally uses other forms of treatment, including surgery, with the issuance of a prescription for a majority of the patients.
Redesignated from Occupations Code, Chapter 167 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(45), eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 956 (H.B. 1803), Sec. 7, eff. January 1, 2014.
Acts 2019, 86th Leg., R.S., Ch. 1167 (H.B. 3285), Sec. 10, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 168 - Regulation of Pain Management Clinics › Subchapter A. General Provisions › Section 168.003. Legislative Finding

Sec. 168.003.  LEGISLATIVE FINDING.  The legislature finds that deaths resulting from the use of opioids and other controlled substances constitute a public health crisis and that there is a compelling state interest in the board closely regulating the prescribing of opioids and other controlled substances by physicians and their delegates.  Accordingly, the legislature finds that inspections and investigations conducted by the board, including the board's use of subpoenas for immediate production, inspection, and copying of medical and billing records, are necessary to adequately regulate the prescribing of opioids and other controlled substances in order to protect the public health and welfare.
Added by Acts 2017, 85th Leg., R.S., Ch. 534 (S.B. 315), Sec. 3, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 168 - Regulation of Pain Management Clinics › Subchapter B. Powers and Duties of Board › Section 168.051. Adoption of Rules

Sec. 168.051.  ADOPTION OF RULES.  The board shall adopt rules necessary to implement this chapter, including rules to address, for a pain management clinic:
(1)  the operation of the clinic;
(2)  personnel requirements for the clinic, including requirements for a physician who practices at a clinic;
(3)  standards to ensure quality of patient care;
(4)  certificate application and renewal procedures and requirements;
(5)  inspections and complaint investigations; and
(6)  patient billing procedures.
Redesignated from Occupations Code, Chapter 167 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(45), eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 168 - Regulation of Pain Management Clinics › Subchapter B. Powers and Duties of Board › Section 168.052. Inspections

Sec. 168.052.  INSPECTIONS.  (a)  The board may inspect a pain management clinic certified under this chapter, including the documents of a physician practicing at the clinic, as necessary to ensure compliance with this chapter.
(b)  The board may inspect a clinic or facility that is not certified under this chapter to determine whether the clinic or facility is required to be certified under Section 168.101.  The board by rule shall establish the grounds for conducting an inspection under this subsection, including grounds based on:
(1)  the population of patients served by the clinic or facility;
(2)  the volume or combination of drugs prescribed to patients served by the clinic or facility; and
(3)  any other criteria the board considers sufficient to require an inspection of the clinic or facility.
Redesignated from Occupations Code, Chapter 167 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(45), eff. September 1, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 534 (S.B. 315), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 168 - Regulation of Pain Management Clinics › Subchapter B. Powers and Duties of Board › Section 168.053. Complaints

Sec. 168.053.  COMPLAINTS.  The board shall investigate a complaint alleging a violation of this chapter or a rule adopted under this chapter by a pain management clinic certified under this chapter or a physician who owns or operates a clinic in the same manner as other complaints under this subtitle.
Redesignated from Occupations Code, Chapter 167 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(45), eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 168 - Regulation of Pain Management Clinics › Subchapter C. Certification of Clinic › Section 168.101. Certificate Required

Sec. 168.101.  CERTIFICATE REQUIRED.  (a)  A pain management clinic may not operate in this state unless the clinic is certified under this chapter.
(b)  A certificate issued under this chapter is not transferable or assignable.
Redesignated from Occupations Code, Chapter 167 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(45), eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 168 - Regulation of Pain Management Clinics › Subchapter C. Certification of Clinic › Section 168.102. Certificate Application and Issuance

Sec. 168.102.  CERTIFICATE APPLICATION AND ISSUANCE.  (a)  A physician who owns or operates a pain management clinic shall apply for a certificate for the clinic under this chapter.  A pain management clinic must be owned and operated by a medical director who is a physician who practices in this state under an unrestricted license.
(b)  An applicant for a certificate under this chapter must submit an application to the board on a form prescribed by the board.
(c)  The board shall issue a certificate if the board finds that the pain management clinic meets the requirements of this chapter and the standards adopted by the board under this chapter.
(d)  If an applicant for a certificate under this chapter is under investigation by the board for a violation of this subtitle, board rules, or other law relating to the prescription, dispensation, administration, supply, or sale of a controlled substance, the board may not make a decision on the application until the board has reached a final decision on the matter under investigation.
Redesignated from Occupations Code, Chapter 167 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(45), eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1226 (S.B. 1643), Sec. 5, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 168 - Regulation of Pain Management Clinics › Subchapter D. Certificate Renewal › Section 168.151. Expiration of Certificate

Sec. 168.151.  EXPIRATION OF CERTIFICATE.  (a)  A certificate issued under this chapter expires on the second anniversary of the date it is issued.
(b)  The board shall grant a 180-day grace period from the expiration date of a certificate to renew the certificate.
(c)  The owner or operator of a pain management clinic for which a certificate has expired may not continue to operate the clinic until the clinic's certificate is renewed.
Redesignated from Occupations Code, Chapter 167 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(45), eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 168 - Regulation of Pain Management Clinics › Subchapter D. Certificate Renewal › Section 168.152. Requirements for Renewal

Sec. 168.152.  REQUIREMENTS FOR RENEWAL.  (a)  The owner or operator of a pain management clinic may apply to renew a certificate issued to the clinic under this chapter by:
(1)  submitting a renewal application to the board on the form prescribed by the board before the expiration of the grace period under Section 168.151; and
(2)  complying with any other requirements adopted by board rule.
(b)  If a certificate is not renewed before the expiration of the grace period under Section 168.151, the pain management clinic must reapply for an original certificate to operate the clinic.
Redesignated from Occupations Code, Chapter 167 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(45), eff. September 1, 2011.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.002(14), eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 168 - Regulation of Pain Management Clinics › Subchapter E. Regulation of Clinics; Enforcement › Section 168.201. Regulation of Person Affiliated With Clinic

Sec. 168.201.  REGULATION OF PERSON AFFILIATED WITH CLINIC.  (a)  The owner or operator of a pain management clinic, an employee of the clinic, or a person with whom a clinic contracts for services may not:
(1)  have been denied, by any jurisdiction, a license under which the person may prescribe, dispense, administer, supply, or sell a controlled substance;
(2)  have held a license issued by any jurisdiction, under which the person may prescribe, dispense, administer, supply, or sell a controlled substance, that has been restricted; or
(3)  have been subject to disciplinary action by any licensing entity for conduct that was a result of inappropriately prescribing, dispensing, administering, supplying, or selling a controlled substance.
(a-1)  For the purposes of this section, inappropriate prescribing includes nontherapeutic prescribing or other conduct as specified by board rule.
(b)  A pain management clinic may not be owned wholly or partly by a person who has been convicted of, pled nolo contendere to, or received deferred adjudication for:
(1)  an offense that constitutes a felony; or
(2)  an offense that constitutes a misdemeanor, the facts of which relate to the distribution of illegal prescription drugs or a controlled substance as defined by Section 551.003(11).
(c)  The owner or operator of a pain management clinic shall:
(1)  be on-site at the clinic at least 33 percent of the clinic's total number of operating hours; and
(2)  review at least 33 percent of the total number of patient files of the clinic, including the patient files of a clinic employee or contractor to whom authority for patient care has been delegated by the clinic.
(d)  A person who owns or operates a pain management clinic is engaged in the practice of medicine.  This shall include, but is not limited to, all supervision and delegation activities related to the pain management clinic.
Redesignated from Occupations Code, Chapter 167 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(45), eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 956 (H.B. 1803), Sec. 8, eff. January 1, 2014.
Acts 2015, 84th Leg., R.S., Ch. 478 (S.B. 1235), Sec. 2, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 534 (S.B. 315), Sec. 5, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 168 - Regulation of Pain Management Clinics › Subchapter E. Regulation of Clinics; Enforcement › Section 168.202. Disciplinary Action

Sec. 168.202.  DISCIPLINARY ACTION.  (a)  A violation of this chapter or a rule adopted under this chapter is grounds for disciplinary action, including a temporary suspension or restriction under Section 164.059, against a pain management clinic certified under this chapter or an owner or operator of a clinic certified under this chapter.
(b)  A violation of this chapter may be enforced in the same manner as any other violation of this subtitle.
(c)  A violation of this chapter is subject to criminal prosecution under Section 165.152.
Redesignated from Occupations Code, Chapter 167 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(45), eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1226 (S.B. 1643), Sec. 6, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 478 (S.B. 1235), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 169 - Authority to Prescribe Low-Thc Cannabis to Certain Patients for Compassionate Use › Section 169.001. Definitions

Sec. 169.001.  DEFINITIONS.  In this chapter:
(1)  "Department" means the Department of Public Safety.
(1-a)  "Incurable neurodegenerative disease" means a disease designated as an incurable neurodegenerative disease by rule of the executive commissioner of the Health and Human Services Commission, adopted in consultation with the National Institutes of Health.
(2)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 1300 (H.B. 3703), Sec. 3, eff. June 14, 2019.
(3)  "Low-THC cannabis" means the plant Cannabis sativa L., and any part of that plant or any compound, manufacture, salt, derivative, mixture, preparation, resin, or oil of that plant that contains not more than one percent by weight of tetrahydrocannabinols.
(4)  "Medical use" means the ingestion by a means of administration other than by smoking of a prescribed amount of low-THC cannabis by a person for whom low-THC cannabis is prescribed under this chapter.
(5)  "Smoking" means burning or igniting a substance and inhaling the smoke.
(6)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 660 (H.B. 1535), Sec. 5, eff. September 1, 2021.
Added by Acts 2015, 84th Leg., R.S., Ch. 301 (S.B. 339), Sec. 4, eff. June 1, 2015.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1300 (H.B. 3703), Sec. 1, eff. June 14, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1300 (H.B. 3703), Sec. 3, eff. June 14, 2019.
Acts 2021, 87th Leg., R.S., Ch. 660 (H.B. 1535), Sec. 2, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 660 (H.B. 1535), Sec. 5, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 169 - Authority to Prescribe Low-Thc Cannabis to Certain Patients for Compassionate Use › Section 169.0011. Prescription for Medical Use

Sec. 169.0011.  PRESCRIPTION FOR MEDICAL USE.  A reference in this chapter, Chapter 487, Health and Safety Code, or other law to a prescription for medical use or a prescription for low-THC cannabis means an entry in the compassionate-use registry established under Section 487.054, Health and Safety Code.
Added by Acts 2019, 86th Leg., R.S., Ch. 1300 (H.B. 3703), Sec. 2, eff. June 14, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 169 - Authority to Prescribe Low-Thc Cannabis to Certain Patients for Compassionate Use › Section 169.002. Physician Qualified to Prescribe Low-Thc Cannabis to Patients With Certain Medical Conditions

Sec. 169.002.  PHYSICIAN QUALIFIED TO PRESCRIBE LOW-THC CANNABIS TO PATIENTS WITH CERTAIN MEDICAL CONDITIONS.  (a)  Only a physician qualified with respect to a patient's particular medical condition as provided by this section may prescribe low-THC cannabis in accordance with this chapter to treat the applicable medical condition.
(b)  A physician is qualified to prescribe low-THC cannabis with respect to a patient's particular medical condition if the physician:
(1)  is licensed under this subtitle;
(2)  is board certified in a medical specialty relevant to the treatment of the patient's particular medical condition by a specialty board approved by the American Board of Medical Specialties or the Bureau of Osteopathic Specialists; and
(3)  dedicates a significant portion of clinical practice to the evaluation and treatment of the patient's particular medical condition.
(c)  A physician is qualified to prescribe low-THC cannabis for the treatment of a patient with a medical condition approved by rule of the executive commissioner of the Health and Human Services Commission for treatment in an approved research program conducted under Subchapter F, Chapter 487, Health and Safety Code, if the physician is:
(1)  licensed under this subtitle; and
(2)  certified by a compassionate-use institutional review board created under Section 487.253, Health and Safety Code, that oversees patient treatment undertaken as part of that approved research program.
Added by Acts 2015, 84th Leg., R.S., Ch. 301 (S.B. 339), Sec. 4, eff. June 1, 2015.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1300 (H.B. 3703), Sec. 2, eff. June 14, 2019.
Acts 2021, 87th Leg., R.S., Ch. 660 (H.B. 1535), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 169 - Authority to Prescribe Low-Thc Cannabis to Certain Patients for Compassionate Use › Section 169.003. Prescription of Low-Thc Cannabis

Sec. 169.003.  PRESCRIPTION OF LOW-THC CANNABIS.  A physician described by Section 169.002 may prescribe low-THC cannabis to a patient if:
(1)  the patient is a permanent resident of the state;
(2)  the physician complies with the registration requirements of Section 169.004; and
(3)  the physician certifies to the department that:
(A)  the patient is diagnosed with:
(i)  epilepsy;
(ii)  a seizure disorder;
(iii)  multiple sclerosis;
(iv)  spasticity;
(v)  amyotrophic lateral sclerosis;
(vi)  autism;
(vii)  cancer;
(viii)  an incurable neurodegenerative disease;
(ix)  post-traumatic stress disorder; or
(x)  a medical condition that is approved for a research program under Subchapter F, Chapter 487, Health and Safety Code, and for which the patient is receiving treatment under that program; and
(B)  the physician determines the risk of the medical use of low-THC cannabis by the patient is reasonable in light of the potential benefit for the patient.
Added by Acts 2015, 84th Leg., R.S., Ch. 301 (S.B. 339), Sec. 4, eff. June 1, 2015.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1300 (H.B. 3703), Sec. 2, eff. June 14, 2019.
Acts 2021, 87th Leg., R.S., Ch. 660 (H.B. 1535), Sec. 4, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 169 - Authority to Prescribe Low-Thc Cannabis to Certain Patients for Compassionate Use › Section 169.004. Low-Thc Cannabis Prescriber Registration

Sec. 169.004.  LOW-THC CANNABIS PRESCRIBER REGISTRATION.  (a)  Before a physician qualified to prescribe low-THC cannabis under Section 169.002 may prescribe or renew a prescription for low-THC cannabis for a patient under this chapter, the physician must register as the prescriber for that patient in the compassionate-use registry maintained by the department under Section 487.054, Health and Safety Code.  The physician's registration must indicate:
(1)  the physician's name;
(2)  the patient's name and date of birth;
(3)  the dosage prescribed to the patient;
(4)  the means of administration ordered for the patient; and
(5)  the total amount of low-THC cannabis required to fill the patient's prescription.
(b)  The department may not publish the name of a physician registered under this section unless permission is expressly granted by the physician.
Added by Acts 2015, 84th Leg., R.S., Ch. 301 (S.B. 339), Sec. 4, eff. June 1, 2015.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1300 (H.B. 3703), Sec. 2, eff. June 14, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 169 - Authority to Prescribe Low-Thc Cannabis to Certain Patients for Compassionate Use › Section 169.005. Patient Treatment Plan

Sec. 169.005.  PATIENT TREATMENT PLAN.  A physician described by Section 169.002 who prescribes low-THC cannabis for a patient's medical use under this chapter must maintain a patient treatment plan that indicates:
(1)  the dosage, means of administration, and planned duration of treatment for the low-THC cannabis;
(2)  a plan for monitoring the patient's symptoms; and
(3)  a plan for monitoring indicators of tolerance or reaction to low-THC cannabis.
Added by Acts 2015, 84th Leg., R.S., Ch. 301 (S.B. 339), Sec. 4, eff. June 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 170 - Prescription of Opioid Antagonists › Section 170.001. Definitions

Sec. 170.001.  DEFINITIONS.  In this chapter, "opioid antagonist" and "opioid-related drug overdose" have the meanings assigned by Section 483.101, Health and Safety Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 386 (S.B. 584), Sec. 1, eff. September 1, 2017.
Added by Acts 2017, 85th Leg., R.S., Ch. 534 (S.B. 315), Sec. 6, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 170 - Prescription of Opioid Antagonists › Section 170.002. Guidelines

Sec. 170.002.  GUIDELINES.  (a)  The board shall adopt guidelines for the prescription of opioid antagonists.
(b)  The guidelines must address:
(1)  prescribing an opioid antagonist to a patient to whom an opioid medication is also prescribed; and
(2)  identifying patients at risk of an opioid-related drug overdose and prescribing an opioid antagonist to that patient or to a person in a position to administer the opioid antagonist to that patient.
Text of subsection as added by Acts 2017, 85th Leg., R.S., Ch. 386 (S.B. 584), Sec. 1
(c)  In adopting guidelines under this section, the board:
(1)  shall consult with the Texas State Board of Pharmacy;
(2)  shall consult materials published by the Substance Abuse and Mental Health Services Administration of the United States Department of Health and Human Services; and
(3)  may consult other appropriate materials, including medical journals subject to peer review and publications by medical professional associations.
Text of subsection as added by Acts 2017, 85th Leg., R.S., Ch. 534 (S.B. 315), Sec. 6
(c)  In adopting guidelines under this section, the board:
(1)  shall consult materials published by the Substance Abuse and Mental Health Services Administration of the United States Department of Health and Human Services; and
(2)  may consult other appropriate materials, including medical journals subject to peer review and publications by medical professional associations.
Added by Acts 2017, 85th Leg., R.S., Ch. 386 (S.B. 584), Sec. 1, eff. September 1, 2017.
Added by Acts 2017, 85th Leg., R.S., Ch. 534 (S.B. 315), Sec. 6, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 170 - Prescription of Opioid Antagonists › Section 170.003. Liability for Act or Omission With Respect to Prescribing an Opioid Antagonist

Sec. 170.003.  LIABILITY FOR ACT OR OMISSION WITH RESPECT TO PRESCRIBING AN OPIOID ANTAGONIST.  A physician who acts in good faith and with reasonable care, regardless of whether the physician follows the guidelines adopted under this chapter, is not subject to criminal or civil liability or any professional disciplinary action for:
(1)  prescribing or failing to prescribe an opioid antagonist; or
(2)  any outcome resulting from the eventual administration of an opioid antagonist prescribed by the physician.
Added by Acts 2017, 85th Leg., R.S., Ch. 386 (S.B. 584), Sec. 1, eff. September 1, 2017.
Added by Acts 2017, 85th Leg., R.S., Ch. 534 (S.B. 315), Sec. 6, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 171 - Interstate Medical Licensure Compact › Section 171.001. Purpose

Sec. 171.001.  PURPOSE.  In order to strengthen access to health care, and in recognition of the advances in the delivery of health care, the member states of the Interstate Medical Licensure Compact have allied in common purpose to develop a comprehensive process that complements the existing licensing and regulatory authority of state medical boards and provides a streamlined process that allows physicians to become licensed in multiple states, thereby enhancing the portability of a medical license and ensuring the safety of patients. The compact creates another pathway for licensure and does not otherwise change a state's existing medical practice act. The compact also adopts the prevailing standard for licensure and affirms that the practice of medicine occurs where the patient is located at the time of the physician-patient encounter, and therefore, requires the physician to be under the jurisdiction of the state medical board where the patient is located. State medical boards that participate in the compact retain the jurisdiction to impose an adverse action against a license to practice medicine in that state issued to a physician through the procedures in the compact.
Added by Acts 2021, 87th Leg., R.S., Ch. 322 (H.B. 1616), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 171 - Interstate Medical Licensure Compact › Section 171.003. Eligibility

Sec. 171.003.  ELIGIBILITY.  (a) A physician must meet the eligibility requirements as defined in Section 171.002(11) to receive an expedited license under the terms and provisions of the compact.
(b)  A physician who does not meet the requirements of Section 171.002(11) may obtain a license to practice medicine in a member state if the individual complies with all laws and requirements, other than the compact, relating to the issuance of a license to practice medicine in that state.
Added by Acts 2021, 87th Leg., R.S., Ch. 322 (H.B. 1616), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 171 - Interstate Medical Licensure Compact › Section 171.004. Designation of State of Principal License

Sec. 171.004.  DESIGNATION OF STATE OF PRINCIPAL LICENSE.  (a) A physician shall designate a member state as the state of principal license for purposes of registration for expedited licensure through the compact if the physician possesses a full and unrestricted license to practice medicine in that state, and the state is:
(1)  the state of primary residence for the physician;
(2)  the state where at least 25 percent of the practice of medicine occurs;
(3)  the location of the physician's employer; or
(4)  if no state qualifies under Subdivision (1), (2), or (3), the state designated as state of residence for purpose of federal income tax.
(b)  A physician may redesignate a member state as state of principal license at any time, as long as the state meets the requirements in Subsection (a).
(c)  The interstate commission is authorized to develop rules to facilitate redesignation of another member state as the state of principal license.
Added by Acts 2021, 87th Leg., R.S., Ch. 322 (H.B. 1616), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 171 - Interstate Medical Licensure Compact › Section 171.006. Fees for Expedited Licensure

Sec. 171.006.  FEES FOR EXPEDITED LICENSURE.  (a)  A member state issuing an expedited license authorizing the practice of medicine in that state may impose a fee for a license issued or renewed through the compact.
(b)  The interstate commission is authorized to develop rules regarding fees for expedited licenses.
Added by Acts 2021, 87th Leg., R.S., Ch. 322 (H.B. 1616), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 171 - Interstate Medical Licensure Compact › Section 171.007. Renewal and Continued Participation

Sec. 171.007.  RENEWAL AND CONTINUED PARTICIPATION.  (a) A physician seeking to renew an expedited license granted in a member state shall complete a renewal process with the interstate commission if the physician:
(1)  maintains a full and unrestricted license in a state of principal license;
(2)  has not been convicted or received adjudication, deferred adjudication, community supervision, or deferred disposition for any offense by a court of appropriate jurisdiction;
(3)  has not had a license authorizing the practice of medicine subject to discipline by a licensing agency in any state, federal, or foreign jurisdiction, excluding any action related to nonpayment of fees related to a license; and
(4)  has not had a controlled substance license or permit suspended or revoked by a state or the United States Drug Enforcement Administration.
(b)  Physicians shall comply with all continuing professional development or continuing medical education requirements for renewal of a license issued by a member state.
(c)  The interstate commission shall collect any renewal fees charged for the renewal of a license and distribute the fees to the applicable member board.
(d)  Upon receipt of any renewal fees collected in Subsection (c), a member board shall renew the physician's license.
(e)  Physician information collected by the interstate commission during the renewal process will be distributed to all member boards.
(f)  The interstate commission is authorized to develop rules to address renewal of licenses obtained through the compact.
Added by Acts 2021, 87th Leg., R.S., Ch. 322 (H.B. 1616), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 171 - Interstate Medical Licensure Compact › Section 171.008. Coordinated Information System

Sec. 171.008.  COORDINATED INFORMATION SYSTEM.  (a) The interstate commission shall establish a database of all physicians licensed, or who have applied for licensure, under Section 171.005.
(b)  Notwithstanding any other provision of law, member boards shall report to the interstate commission any public action or complaints against a licensed physician who has applied for or received an expedited license through the compact.
(c)  Member boards shall report disciplinary or investigatory information determined as necessary and proper by rule of the interstate commission.
(d)  Member boards may report any nonpublic complaint, disciplinary, or investigatory information not required by Subsection (c) to the interstate commission.
(e)  Member boards shall share complaint or disciplinary information about a physician upon request of another member board.
(f)  All information provided to the interstate commission or distributed by member boards shall be confidential, filed under seal, and used only for investigatory or disciplinary matters.
(g)  The interstate commission is authorized to develop rules for mandated or discretionary sharing of information by member boards.
Added by Acts 2021, 87th Leg., R.S., Ch. 322 (H.B. 1616), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 171 - Interstate Medical Licensure Compact › Section 171.009. Joint Investigations

Sec. 171.009.  JOINT INVESTIGATIONS.  (a) Licensure and disciplinary records of physicians are considered investigative.
(b)  In addition to the authority granted to a member board by its respective medical practice act or other applicable state law, a member board may participate with other member boards in joint investigations of physicians licensed by the member boards.
(c)  A subpoena issued by a member state shall be enforceable in other member states.
(d)  Member boards may share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the compact.
(e)  Any member state may investigate actual or alleged violations of the statutes authorizing the practice of medicine in any other member state in which a physician holds a license to practice medicine.
Added by Acts 2021, 87th Leg., R.S., Ch. 322 (H.B. 1616), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 171 - Interstate Medical Licensure Compact › Section 171.010. Disciplinary Actions

Sec. 171.010.  DISCIPLINARY ACTIONS.  (a) Any disciplinary action taken by any member board against a physician licensed through the compact shall be considered unprofessional conduct which may be subject to discipline by other member boards, in addition to any violation of the medical practice act or regulations in that state.
(b)  If a license granted to a physician by the member board in the state of principal license is revoked, surrendered or relinquished in lieu of discipline, or suspended, then all licenses issued to the physician by member boards shall automatically be placed, without further action necessary by any member board, on the same status.  If the member board in the state of principal license subsequently reinstates the physician's license, a license issued to the physician by any other member board shall remain encumbered until that respective member board takes action to reinstate the license in a manner consistent with the medical practice act of that state.
(c)  If disciplinary action is taken against a physician by a member board not in the state of principal license, any other member board may consider the action conclusive as to matter of law and fact decided, and:
(1)  impose the same or lesser sanction against the physician so long as such sanction is consistent with the medical practice act of that state; or
(2)  pursue separate disciplinary action against the physician under its respective medical practice act, regardless of the action taken in other member states.
(d)  If a license granted to a physician by a member board is revoked, surrendered or relinquished in lieu of discipline, or suspended, then any license issued to the physician by any other member board shall be suspended, automatically and immediately without further action necessary by the other member board, for 90 days upon entry of the order by the disciplining board, to permit the member board to investigate the basis for the action under the medical practice act of that state.  A member board may terminate the automatic suspension of the license it issued before the completion of the 90-day suspension period in a manner consistent with the medical practice act of that state.
Added by Acts 2021, 87th Leg., R.S., Ch. 322 (H.B. 1616), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 171 - Interstate Medical Licensure Compact › Section 171.012. Powers and Duties of Interstate Commission

Sec. 171.012.  POWERS AND DUTIES OF INTERSTATE COMMISSION.  The interstate commission shall have the duty and power to:
(1)  oversee and maintain the administration of the compact;
(2)  promulgate rules that shall be binding to the extent and in the manner provided for in the compact;
(3)  issue, upon the request of a member state or member board, advisory opinions concerning the meaning or interpretation of the compact, its bylaws, rules, and actions;
(4)  enforce compliance with compact provisions, the rules promulgated by the interstate commission, and the bylaws, using all necessary and proper means, including, but not limited to, the use of judicial process;
(5)  establish and appoint committees, including, but not limited to, an executive committee as required by Section 171.011, which shall have the power to act on behalf of the interstate commission in carrying out its powers and duties;
(6)  pay or provide for the payment of the expenses related to the establishment, organization, and ongoing activities of the interstate commission;
(7)  establish and maintain one or more offices;
(8)  borrow, accept, hire, or contract for services of personnel;
(9)  purchase and maintain insurance and bonds;
(10)  employ an executive director who shall have such powers to employ, select, or appoint employees, agents, or consultants, and to determine their qualifications, define their duties, and fix their compensation;
(11)  establish personnel policies and programs relating to conflicts of interest, rates of compensation, and qualifications of personnel;
(12) accept donations and grants of money, equipment, supplies, materials and services, and receive, utilize, and dispose of them in a manner consistent with the conflict-of-interest policies established by the interstate commission;
(13)  lease, purchase, accept contributions or donations of, or otherwise own, hold, improve or use, any property, real, personal, or mixed;
(14)  sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed;
(15)  establish a budget and make expenditures;
(16)  adopt a seal and bylaws governing the management and operation of the interstate commission;
(17)  report annually to the legislatures and governors of the member states concerning the activities of the interstate commission during the preceding year, including reports of financial audits and any recommendations that may have been adopted by the interstate commission;
(18)  coordinate education, training, and public awareness regarding the compact, its implementation, and its operation;
(19)  maintain records in accordance with the bylaws;
(20)  seek and obtain trademarks, copyrights, and patents; and
(21)  perform such functions as may be necessary or appropriate to achieve the purposes of the compact.
Added by Acts 2021, 87th Leg., R.S., Ch. 322 (H.B. 1616), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 171 - Interstate Medical Licensure Compact › Section 171.013. Finance Powers

Sec. 171.013.  FINANCE POWERS.  (a) The interstate commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the interstate commission and its staff. The total assessment must be sufficient to cover the annual budget approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based on a formula to be determined by the interstate commission, which shall promulgate a rule binding upon all member states.
(b)  The interstate commission shall not incur obligations of any kind before securing the funds adequate to meet the same.
(c)  The interstate commission shall not pledge the credit of any of the member states, except by, and with the authority of, the member state.
(d)  The interstate commission shall be subject to a yearly financial audit conducted by a certified or licensed public accountant and the report of the audit shall be included in the annual report of the interstate commission.
Added by Acts 2021, 87th Leg., R.S., Ch. 322 (H.B. 1616), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 171 - Interstate Medical Licensure Compact › Section 171.015. Rulemaking Functions of Interstate Commission

Sec. 171.015.  RULEMAKING FUNCTIONS OF INTERSTATE COMMISSION.  (a) The interstate commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of the compact.  Notwithstanding the foregoing, in the event the interstate commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of the compact, or the powers granted hereunder, then such an action by the interstate commission shall be invalid and have no force or effect.
(b)  Rules considered appropriate for the operations of the interstate commission shall be made pursuant to a rulemaking process that substantially conforms to the Revised Model State Administrative Procedure Act of 2010, and  subsequent amendments thereto.
(c)  Not later than 30 days after a rule is promulgated, any person may file a petition for judicial review of the rule in the United States District Court for the District of Columbia or the federal district where the interstate commission has its principal offices, provided that the filing of such a petition shall not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the interstate commission consistent with applicable law and shall not find the rule to be unlawful if the rule represents a reasonable exercise of the authority granted to the interstate commission.
Added by Acts 2021, 87th Leg., R.S., Ch. 322 (H.B. 1616), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 171 - Interstate Medical Licensure Compact › Section 171.016. Oversight of Interstate Compact

Sec. 171.016.  OVERSIGHT OF INTERSTATE COMPACT.  (a) The executive, legislative, and judicial branches of state government in each member state shall enforce the compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent.  The provisions of the compact and the rules promulgated hereunder shall have standing as statutory law but shall not override existing state authority to regulate the practice of medicine.
(b)  All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of the compact that may affect the powers, responsibilities, or actions of the interstate commission.
(c)  The interstate commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes. Failure to provide service of process to the interstate commission shall render a judgment or order void as to the interstate commission, the compact, or promulgated rules.
Added by Acts 2021, 87th Leg., R.S., Ch. 322 (H.B. 1616), Sec. 1, eff. September 1, 2021.