2023 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 162.001. Certification by Board

Sec. 162.001.  CERTIFICATION BY BOARD.  (a)  The board by rule shall certify a health organization that:
(1)  applies for certification on a form approved by the board;  and
(2)  presents proof satisfactory to the board that the organization meets the requirements of Subsection (b) or (c).
(b)  The board shall approve and certify a health organization that:
(1)  is a nonprofit corporation under the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes) organized to:
(A)  conduct scientific research and research projects in the public interest in the field of medical science, medical economics, public health, sociology, or a related area;
(B)  support medical education in medical schools through grants and scholarships;
(C)  improve and develop the capabilities of individuals and institutions studying, teaching, and practicing medicine;
(D)  deliver health care to the public;  or
(E)  instruct the general public in medical science, public health, and hygiene and provide related instruction useful to individuals and beneficial to the community;
(2)  is organized and incorporated solely by persons licensed by the board;  and
(3)  has as its directors and trustees persons who are:
(A)  licensed by the board;  and
(B)  actively engaged in the practice of medicine.
(c)  The board shall certify a health organization to contract with or employ physicians licensed by the board if the organization:
(1)  is a nonprofit corporation under the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes) and Section 501(c)(3), Internal Revenue Code of 1986 (26 U.S.C. Sec. 501(c)(3));  and
(2)  is organized and operated as:
(A)  a migrant, community, or homeless health center under the authority of and in compliance with 42 U.S.C. Section 254b or 254c;  or
(B)  a federally qualified health center under 42 U.S.C. Section 1396d(l)(2)(B).
(c-1)  Expired.
(c-2)  Expired.
(c-3)  Expired.
(c-4)  The board shall certify a health organization to contract with or employ physicians licensed by the board if the organization:
(1)  is a hospital district:
(A)  recognized by a federal agency as a public entity eligible to receive a grant related to a community or federally qualified health center described by Subdivision (2); and
(B)  created in a county with a population of more than 1.2 million that was not included in the boundaries of a hospital district before September 1, 2003; and
(2)  is organized and operated as:
(A)  a migrant, community, or homeless health center under the authority of and in compliance with 42 U.S.C. Section 254b or 254c; or
(B)  a federally qualified health center under 42 U.S.C. Section 1396d(l)(2)(B).
(c-5)  This section applies to a hospital district described by Subsection (c-4) only in relation to the hospital district's operations as a community or federally qualified health center described by Subsection (c-4)(2).
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 2005, 79th Leg., Ch. 601 (H.B. 1924), Sec. 1, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 164 (S.B. 1107), Sec. 8, eff. September 1, 2007.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 204, eff. September 1, 2023.