reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 101 - Health Professions Council › Subchapter C. Training Program › Section 101.102. Program Requirements

Sec. 101.102.  PROGRAM REQUIREMENTS.  The training program must provide information to a participant regarding:
(1)  the enabling legislation that created the governing body to which the member is appointed;
(2)  the programs operated by the state agency governed by the governing body;
(3)  the role and functions of that state agency;
(4)  the rules of that state agency with an emphasis on the rules that relate to disciplinary and investigatory authority;
(5)  the current budget for that state agency;
(6)  the results of the most recent formal audit of that state agency;
(7)  the requirements of the:
(A)  open meetings law, Chapter 551, Government Code;
(B)  open records law, Chapter 552, Government Code;  and
(C)  administrative procedure law, Chapter 2001, Government Code;
(8)  the requirements of the conflict of interest laws and other laws relating to public officials;  and
(9)  any applicable ethics policies adopted by that state agency or the Texas Ethics Commission.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 101 - Health Professions Council › Subchapter D. Reporting Requirements › Section 101.151. Annual Report

Sec. 101.151.  ANNUAL REPORT.  (a)  The council shall prepare an annual report that includes:
(1)  a statistical compilation of enforcement actions taken by a regulatory agency listed in Section 101.002;
(2)  recommendations for statutory changes to improve the regulation of the health care professions;
(3)  strategies to expand the health care workforce in this state, including:
(A)  methods for reducing the time required to process license applications for health care professions;
(B)  methods for increasing the number of health care practitioners providing mental and behavioral health care services; and
(C)  any statutory and legislative appropriation recommendations the council determines are appropriate for expanding the health care workforce in this state, including recommendations for expanding the health care workforce in medically underserved areas; and
(4)  other relevant information and recommendations determined necessary by the council.
(b)  The council shall send the report to the governor, the lieutenant governor, the speaker of the house of representatives, the chairs of the standing committees of the senate and the house of representatives having primary jurisdiction over public health, and the chairs of the standing committees of the senate and the house of representatives having primary jurisdiction over state finance or appropriations not later than February 1 of each year.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 644 (S.B. 1636), Sec. 1, eff. June 10, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 101 - Health Professions Council › Subchapter E. Grounds for License Revocation or Denial › Section 101.201. False, Misleading, or Deceptive Advertising

Sec. 101.201.  FALSE, MISLEADING, OR DECEPTIVE ADVERTISING.  (a)  A person may not use advertising that is false, misleading, deceptive, or not readily subject to verification.
(b)  False, misleading, or deceptive advertising or advertising not readily subject to verification includes advertising that:
(1)  makes a material misrepresentation of fact or omits a fact necessary to make the statement as a whole not materially misleading;
(2)  makes a representation likely to create an unjustified expectation about the results of a health care service or procedure;
(3)  compares a health care professional's services with another health care professional's services unless the comparison can be factually substantiated;
(4)  contains a testimonial;
(5)  causes confusion or misunderstanding as to the credentials, education, or licensing of a health care professional;
(6)  represents that health care insurance deductibles or copayments may be waived or are not applicable to health care services to be provided if the deductibles or copayments are required;
(7)  represents that the benefits of a health benefit plan will be accepted as full payment when deductibles or copayments are required;
(8)  makes a representation that is designed to take advantage of the fears or emotions of a particularly susceptible type of patient;  or
(9)  represents in the use of a professional name a title or professional identification that is expressly or commonly reserved to or used by another profession or professional.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 101 - Health Professions Council › Subchapter E. Grounds for License Revocation or Denial › Section 101.203. Overcharging or Overtreating

Sec. 101.203.  OVERCHARGING OR OVERTREATING.  A health care professional may not violate Section 311.0025, Health and Safety Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.011(a), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 101 - Health Professions Council › Subchapter E. Grounds for License Revocation or Denial › Section 101.204. Remedies

Sec. 101.204.  REMEDIES.  (a)  A violation of this subchapter is subject to action by the appropriate health licensing agency as a ground for revocation or denial of a license.
(b)  A violation of Section 101.201 is grounds for action under Section 17.47, 17.58, 17.60, or 17.61, Business & Commerce Code, by the consumer protection division of the office of the attorney general.
(c)  A violation of Section 101.201 does not create a private cause of action, including an action for breach of warranty or for an implied contract or warranty for good and workmanlike service.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 101 - Health Professions Council › Subchapter F. Enforcement › Section 101.251. Civil Penalty

Sec. 101.251.  CIVIL PENALTY.  (a)  A person who violates this chapter is liable to the state for a civil penalty in an amount not to exceed $1,000 for each violation.  Each day a violation occurs constitutes a separate violation.
(b)  The attorney general may initiate an action under this section by filing suit in a district court in Travis County or in the county in which the violation occurred.
(c)  The attorney general may recover reasonable expenses incurred in obtaining a civil penalty under this section, including court costs, reasonable attorney's fees, reasonable investigative costs, witness fees, and deposition expenses.
(d)  A civil penalty recovered under this section shall be deposited in the state treasury.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 101 - Health Professions Council › Subchapter F. Enforcement › Section 101.252. Injunction

Sec. 101.252.  INJUNCTION.  (a)  The attorney general or the appropriate health licensing agency may bring an action for an injunction to stop a violation or threatened violation of this chapter.
(b)  The attorney general or health licensing agency may recover reasonable expenses incurred in obtaining an injunction under this section, including court costs, reasonable attorney's fees, reasonable investigative costs, witness fees, and deposition expenses.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 101 - Health Professions Council › Subchapter F. Enforcement › Section 101.253. Remedies Not Exclusive

Sec. 101.253.  REMEDIES NOT EXCLUSIVE.  The remedies provided by this chapter are in addition to any other remedy provided by law, including rules.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 101 - Health Professions Council › Subchapter G. Office of Patient Protection › Section 101.301. General Provisions

Sec. 101.301.  GENERAL PROVISIONS.  (a)  In this subchapter:
(1)  "Consumers as a class" means five or more individuals whose complaints are of the same or similar regulatory and factual circumstances and issues.
(2)  "Licensing agency" means a health occupation regulatory agency that is a member of the council.
(3)  "Office" means the office of patient protection.
(b)  The council shall establish an office of patient protection within the council to represent the interests of consumers in matters before licensing agencies.
Added by Acts 2003, 78th Leg., ch. 305, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 101 - Health Professions Council › Subchapter G. Office of Patient Protection › Section 101.302. Executive Committee; Director

Sec. 101.302.  EXECUTIVE COMMITTEE;  DIRECTOR.  (a)  The governor shall appoint an executive committee consisting of at least three members who are public members of the governing bodies of licensing agencies.  The executive committee shall appoint a director for the office.  The director shall be responsible for administering the provisions of this subchapter.
(b)  The director may not be:
(1)  a health care professional licensed or certified by a licensing agency;
(2)  financially involved with the provision of health care or with an entity that provides health care, including an entity regulated by a licensing agency;
(3)  an officer, employee, or paid consultant of a trade association for a profession that is regulated by a licensing agency;
(4)  an officer, employee, or paid consultant of a trade association for an entity regulated by the Texas Department of Insurance;  or
(5)  required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation related to a person or organization subject to regulation by a licensing agency.
Added by Acts 2003, 78th Leg., ch. 305, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 101 - Health Professions Council › Subchapter G. Office of Patient Protection › Section 101.303. Administrative Attachment to Council; Reimbursement

Sec. 101.303.  ADMINISTRATIVE ATTACHMENT TO COUNCIL;  REIMBURSEMENT.  The office is located in the council but may not interfere with the other duties of the council.  The office shall reimburse the council from fees received by the office under Section 101.307 for administrative costs incurred by the council in providing administrative support for the office.
Added by Acts 2003, 78th Leg., ch. 305, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 101 - Health Professions Council › Subchapter G. Office of Patient Protection › Section 101.304. Public Information Provided by Office; Standard Complaint Form

Sec. 101.304.  PUBLIC INFORMATION PROVIDED BY OFFICE;  STANDARD COMPLAINT FORM.  (a)  The office shall provide to the public information about the complaint process at each licensing agency.
(b)  The office shall conduct a public awareness campaign to increase awareness of the telephone complaint system under Subchapter B.
(c)  Through the use of the Internet and other information and communications media, the office shall provide information to the public in easily understood language regarding the complaint procedures and sanctions processes used by the licensing agencies.
(d)  The office, in cooperation with the licensing agencies, shall adopt a standard complaint form that may be used by a member of the public to file a complaint with a licensing agency.  Each licensing agency shall accept the form adopted under this section in addition to any other form required by the agency.
Added by Acts 2003, 78th Leg., ch. 305, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 101 - Health Professions Council › Subchapter G. Office of Patient Protection › Section 101.305. Powers and Duties of Office

Sec. 101.305.  POWERS AND DUTIES OF OFFICE.  (a)  The office shall:
(1)  establish, in consultation with and on the approval of the council, protocols for interaction with licensing agencies;
(2)  serve as the ombudsman for consumer complaints at the licensing agencies on the request of an individual consumer;
(3)  assist consumers in obtaining information about the status of complaints;  and
(4)  review the Internet websites of licensing agencies and make recommendations to the agencies on making public information, including information relating to disciplinary actions, understandable to and easily accessible by the public.
(b)  The office may:
(1)  appear at or present information or testimony to a licensing agency on behalf of consumers as a class;  and
(2)  appeal the decisions of licensing agencies to the governing body of the appropriate licensing agency on behalf of consumers as a class but not for individual complainants.
(c)  The office may not appeal an individual complainant's case before any agency.
(d)  The office is entitled to access to:
(1)  complaints received by a licensing agency, unless the access would jeopardize an ongoing investigation;  and
(2)  the public records of a licensing agency and the records of a licensing agency that are filed with the State Office of Administrative Hearings.
(e)  The confidentiality requirements that apply to the records of a licensing agency and the sanctions for disclosure of confidential information apply to the office and to information obtained by the office under Subsection (d).
Added by Acts 2003, 78th Leg., ch. 305, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 101 - Health Professions Council › Subchapter G. Office of Patient Protection › Section 101.306. Monitoring of Agencies

Sec. 101.306.  MONITORING OF AGENCIES.  (a)  The office shall review and evaluate rules proposed for adoption by the licensing agencies and changes made to the statutes that govern the operation of the agencies and the professions regulated by the agencies.
(b)  The office may report to the legislature and recommend to licensing agencies changes in agency rules that, in the office's judgment, would positively affect the interests of consumers.
(c)  The office shall recommend changes to the statutes described by Subsection (a) to the Sunset Advisory Commission during the commission's review of the relevant licensing agency.
Added by Acts 2003, 78th Leg., ch. 305, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 101 - Health Professions Council › Subchapter G. Office of Patient Protection › Section 101.307. Funding of Office

Sec. 101.307.  FUNDING OF OFFICE.  (a)  To provide funding sufficient for the office to exercise the powers and duties prescribed by this subchapter:
(1)  the initial licensing or registration fee charged by each licensing agency is increased by $5;  and
(2)  the renewal fee charged by each licensing agency is increased by $1 for each year for which the license or registration is renewed.
(b)  The fee increases authorized under this section shall be collected in the same manner as the assessment under Section 101.006.  The council may spend the fees collected under this section only to fund the activities of the office under this subchapter.
Added by Acts 2003, 78th Leg., ch. 305, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 101 - Health Professions Council › Subchapter H. Billing › Section 101.351. Failure to Provide Billing Information

Sec. 101.351.  FAILURE TO PROVIDE BILLING INFORMATION.  On the written request of a patient, a health care professional shall provide, in plain language, a written explanation of the charges for professional services previously made on a bill or statement for the patient.  This section does not apply to a physician subject to Section 101.352.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Transferred from Occupations Code, Section 101.202 and amended by Acts 2007, 80th Leg., R.S., Ch. 997 (S.B. 1731), Sec. 6, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 102 - Solicitation of Patients › Subchapter A. General Provisions › Section 102.001. Soliciting Patients; Offense

Sec. 102.001.  SOLICITING PATIENTS;  OFFENSE.  (a)  A person commits an offense if the person knowingly offers to pay or agrees to accept, directly or indirectly, overtly or covertly any remuneration in cash or in kind to or from another for securing or soliciting a patient or patronage for or from a person licensed, certified, or registered by a state health care regulatory agency.
(b)  Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.
(c)  An offense under this section is a felony of the third degree if it is shown on the trial of the offense that the person:
(1)  has previously been convicted of an offense under this section;  or
(2)  was employed by a federal, state, or local government at the time of the offense.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 102 - Solicitation of Patients › Subchapter A. General Provisions › Section 102.002. Rebuttable Presumption

Sec. 102.002.  REBUTTABLE PRESUMPTION.  It is a rebuttable presumption that a person violated Section 102.001 if:
(1)  the person refers or accepts a referral of a patient to an inpatient mental health facility or chemical dependency treatment facility;
(2)  before the patient is discharged or furloughed from the facility, the person pays the referring person or accepts payment from the facility for outpatient services to be provided by the referring person after the patient is discharged or furloughed from the facility;  and
(3)  the referring person does not provide the outpatient services for which payment was made and does not return to the facility the payment received for those services.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 102 - Solicitation of Patients › Subchapter A. General Provisions › Section 102.003. Federal Law; Construction

Sec. 102.003.  FEDERAL LAW;  CONSTRUCTION.  Section 102.001 permits any payment, business arrangement, or payment practice permitted by 42 U.S.C. Section 1320a-7b(b) or any regulation adopted under that law.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 102 - Solicitation of Patients › Subchapter A. General Provisions › Section 102.004. Applicability to Advertising

Sec. 102.004.  APPLICABILITY TO ADVERTISING.  Section 102.001 does not prohibit advertising, unless the advertising is:
(1)  false, misleading, or deceptive;  or
(2)  not readily subject to verification, if the advertising claims professional superiority or the performance of a professional service in a superior manner.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 102 - Solicitation of Patients › Subchapter A. General Provisions › Section 102.005. Applicability to Certain Entities

Sec. 102.005.  APPLICABILITY TO CERTAIN ENTITIES.  Section 102.001 does not apply to:
(1)  a licensed insurer;
(2)  a governmental entity, including:
(A)  an intergovernmental risk pool established under Chapter 172, Local Government Code; and
(B)  a system as defined by Section 1601.003, Insurance Code;
(3)  a group hospital service corporation;
(4)  a health maintenance organization that reimburses, provides, offers to provide, or administers hospital, medical, dental, or other health-related benefits under a health benefits plan for which it is the payor; or
(5)  a health care collaborative certified under Chapter 848, Insurance Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 10A.542, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 4.05, eff. September 28, 2011.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 102 - Solicitation of Patients › Subchapter A. General Provisions › Section 102.006. Failure to Disclose; Offense

Sec. 102.006.  FAILURE TO DISCLOSE;  OFFENSE.  (a)  A person commits an offense if:
(1)  the person, in a manner otherwise permitted under Section 102.001, accepts remuneration to secure or solicit a patient or patronage for a person licensed, certified, or registered by a state health care regulatory agency;  and
(2)  does not, at the time of initial contact and at the time of referral, disclose to the patient:
(A)  the person's affiliation, if any, with the person for whom the patient is secured or solicited;  and
(B)  that the person will receive, directly or indirectly, remuneration for securing or soliciting the patient.
(b)  Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.
(c)  An offense under this section is a felony of the third degree if it is shown on the trial of the offense that the person:
(1)  has previously been convicted of an offense under this section;  or
(2)  was employed by a federal, state, or local government at the time of the offense.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 102 - Solicitation of Patients › Subchapter A. General Provisions › Section 102.008. Disciplinary Action

Sec. 102.008.  DISCIPLINARY ACTION.  A violation of Section 102.001 or 102.006 is grounds for disciplinary action by the regulatory agency that issued a license, certification, or registration to the person who committed the violation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 102 - Solicitation of Patients › Subchapter A. General Provisions › Section 102.009. Injunction

Sec. 102.009.  INJUNCTION.  (a)  The attorney general or the appropriate district or county attorney, in the name of the state, may institute and conduct an action in a district court of Travis County or of a county in which any part of the violation occurs for an injunction or other process against a person who is violating this subchapter.
(b)  The district court may grant any prohibitory or mandatory relief warranted by the facts, including a temporary restraining order, temporary injunction, or permanent injunction.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 102 - Solicitation of Patients › Subchapter A. General Provisions › Section 102.010. Civil Penalties

Sec. 102.010.  CIVIL PENALTIES.  (a)  A person who violates this subchapter is subject to a civil penalty of not more than $10,000 for each day of violation and each act of violation.  In determining the amount of the civil penalty, the court shall consider:
(1)  the person's previous violations;
(2)  the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation;
(3)  whether the health and safety of the public was threatened by the violation;
(4)  the demonstrated good faith of the person;  and
(5)  the amount necessary to deter future violations.
(b)  The attorney general or the appropriate district or county attorney, in the name of the state, may institute and conduct an action authorized by this section in a district court of Travis County or of a county in which any part of the violation occurs.
(c)  A penalty collected under this section by the attorney general shall be deposited to the credit of the general revenue fund.  A penalty collected under this section by a district or county attorney shall be deposited to the credit of the general fund of the county in which the suit was heard.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 102 - Solicitation of Patients › Subchapter A. General Provisions › Section 102.011. Suit for Injunctive Relief or Assessment of Civil Penalty

Sec. 102.011.  SUIT FOR INJUNCTIVE RELIEF OR ASSESSMENT OF CIVIL PENALTY.  (a)  The party bringing a suit under this subchapter may:
(1)  combine a suit to assess and recover civil penalties with a suit for injunctive relief;  or
(2)  file a suit to assess and recover civil penalties independently of a suit for injunctive relief.
(b)  The party bringing the suit may recover reasonable expenses incurred in obtaining civil penalties, injunctive relief, or both, including investigation costs, court costs, reasonable attorney's fees, witness fees, and deposition expenses.
(c)  The civil penalty and injunction authorized by this subchapter are in addition to any other civil, administrative, or criminal action provided by law.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 102 - Solicitation of Patients › Subchapter B. Healing Arts › Section 102.051. Soliciting Patients; Offense

Sec. 102.051.  SOLICITING PATIENTS;  OFFENSE.  (a)  A person commits an offense if the person:
(1)  practices the art of healing with or without the use of medicine;  and
(2)  employs or agrees to employ, pays or promises to pay, or rewards or promises to reward another for soliciting or securing a patient or patronage.
(b)  A person commits an offense if the person accepts or agrees to accept anything of value for soliciting or securing a patient or patronage for a person who practices the art of healing with or without the use of medicine.
(c)  An offense under this section is a misdemeanor punishable by a fine of not less than $100 or more than $200. Each violation of this section is a separate offense.
(d)  For purposes of this section, a person who practices the art of healing includes a masseur and an optometrist.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 102 - Solicitation of Patients › Subchapter B. Healing Arts › Section 102.052. Applicability to Physicians

Sec. 102.052.  APPLICABILITY TO PHYSICIANS.  This subchapter does not apply to a practitioner of medicine subject to regulation under Subtitle B.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 102 - Solicitation of Patients › Subchapter B. Healing Arts › Section 102.053. Exception for Certain Advertising

Sec. 102.053.  EXCEPTION FOR CERTAIN ADVERTISING.  Section 102.051 does not prohibit:
(1)  placement in a newspaper of an advertisement of the person's profession, business, or place of business;  or
(2)  advertisement by handbill and payment for services in distributing the handbill.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 102 - Solicitation of Patients › Subchapter B. Healing Arts › Section 102.054. Accessibility and Use of Witness Testimony

Sec. 102.054.  ACCESSIBILITY AND USE OF WITNESS TESTIMONY.  (a)  A person is not exempt from giving testimony in a proceeding to enforce Section 102.051.
(b)  The testimony a person gives in a proceeding to enforce Section 102.051 may not be used against that person in any criminal action or proceeding.  A criminal action or proceeding may not be brought against a person because of the testimony given by that person in a proceeding to enforce Section 102.051.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 103 - Right to Object to Participation in Abortion Procedure › Section 103.001. Right to Object

Sec. 103.001.  RIGHT TO OBJECT.  A physician, nurse, staff member, or employee of a hospital or other health care facility who objects to directly or indirectly performing or participating in an abortion procedure may not be required to directly or indirectly perform or participate in the procedure.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 103 - Right to Object to Participation in Abortion Procedure › Section 103.002. Discrimination Prohibited

Sec. 103.002.  DISCRIMINATION PROHIBITED.  (a)  A hospital or health care facility may not discriminate against a physician, nurse, staff member, or employee, or an applicant for one of those positions, who refuses to perform or participate in an abortion procedure.
(b)  A hospital or health care facility may not discriminate against a physician, nurse, staff member, or employee because of the person's willingness to participate in an abortion procedure at another facility.
(c)  An educational institution may not discriminate against an applicant for admission or employment as a student, intern, or resident because of the applicant's attitude concerning abortion.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 103 - Right to Object to Participation in Abortion Procedure › Section 103.003. Remedies

Sec. 103.003.  REMEDIES.  A person whose rights under this chapter are violated may sue a hospital, health care facility, or educational institution in district court in the county where the hospital, facility, or institution is located for:
(1)  an injunction against any further violation;
(2)  appropriate affirmative relief, including admission or reinstatement of employment with back pay plus 10 percent interest;  and
(3)  any other relief necessary to ensure compliance with this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 103 - Right to Object to Participation in Abortion Procedure › Section 103.004. Duty of Certain Private Entities to Make Facilities Available

Sec. 103.004.  DUTY OF CERTAIN PRIVATE ENTITIES TO MAKE FACILITIES AVAILABLE.  A private hospital or private health care facility is not required to make its facilities available for the performance of an abortion unless a physician determines that the life of the mother is immediately endangered.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 104 - Healing Art Practitioners › Section 104.001. Short Title

Sec. 104.001.  SHORT TITLE.  This chapter may be cited as the Healing Art Identification Act.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 104 - Healing Art Practitioners › Section 104.002. Healing Art

Sec. 104.002.  HEALING ART.  The healing art includes any system, treatment, operation, diagnosis, prescription, or practice to ascertain, cure, relieve, adjust, or correct a human disease, injury, or unhealthy or abnormal physical or mental condition.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 104 - Healing Art Practitioners › Section 104.003. Required Identification

Sec. 104.003.  REQUIRED IDENTIFICATION.  (a)  A person subject to this section who uses the person's name on a written or printed professional identification, including a sign, pamphlet, stationery, or letterhead, or who uses the person's signature as a professional identification shall designate as required by this section the healing art the person is licensed to practice.
(b)  A person who is licensed by the Texas State Board of Medical Examiners and holds a doctor of medicine degree shall use:
(1)  physician or surgeon, M.D.;
(2)  doctor, M.D.;  or
(3)  doctor of medicine, M.D.
(c)  A person who is licensed by the Texas State Board of Medical Examiners and holds a doctor of osteopathy degree shall use:
(1)  physician or surgeon, D.O.;
(2)  osteopathic physician or surgeon;
(3)  doctor, D.O.;
(4)  doctor of osteopathy;
(5)  doctor of osteopathic medicine;
(6)  osteopath;  or
(7)  D.O.
(d)  A person who is licensed by the State Board of Dental Examiners shall use:
(1)  dentist;
(2)  doctor, D.D.S.;
(3)  doctor of dental surgery;
(4)  D.D.S.;  or
(5)  doctor of dental medicine, D.M.D.
(e)  A person who is licensed by the Texas Board of Chiropractic Examiners shall use:
(1)  chiropractor;
(2)  doctor, D.C.;
(3)  doctor of chiropractic;  or
(4)  D.C.
(f)  A person who is licensed by the Texas Optometry Board shall use:
(1)  optometrist;
(2)  doctor, optometrist;
(3)  doctor of optometry;  or
(4)  O.D.
(g)  A person who is licensed by the Texas Department of Licensing and Regulation to practice podiatry shall use:
(1)  chiropodist;
(2)  doctor, D.S.C.;
(3)  doctor of surgical chiropody;
(4)  D.S.C.;
(5)  podiatrist;
(6)  doctor, D.P.M.;
(7)  doctor of podiatric medicine; or
(8)  D.P.M.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 19.019, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 104 - Healing Art Practitioners › Section 104.004. Other Persons Using Title "Doctor"

Sec. 104.004.  OTHER PERSONS USING TITLE "DOCTOR".  In using the title "doctor" as a trade or professional asset or on any manner of professional identification, including a sign, pamphlet, stationery, or letterhead, or as a part of a signature, a person other than a person described by Section 104.003 shall designate the authority under which the title is used or the college or honorary degree that gives rise to the use of the title.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 104 - Healing Art Practitioners › Section 104.005. Enforcement

Sec. 104.005.  ENFORCEMENT.  (a)  On the request of a healing art licensing board listed in Section 104.003, the district or county attorney shall file and prosecute appropriate judicial proceedings in the name of the state against a person who violates Section 104.003.
(b)  The district or county attorney shall file the proceeding in the district court of the county in which the violation occurs.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 104 - Healing Art Practitioners › Section 104.006. Applicability to Established Church

Sec. 104.006.  APPLICABILITY TO ESTABLISHED CHURCH.  This chapter does not affect the use of the principles or teachings of an established church in ministering, without the use of any drug or material remedy, to the sick or suffering by prayer if:
(1)  sanitary and quarantine laws are complied with;  and
(2)  the person ministering or offering to minister does not maintain an office, other than to exercise the principles or teachings of the church of which the person is a bona fide member.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 104 - Healing Art Practitioners › Section 104.007. Penalties

Sec. 104.007.  PENALTIES.  (a)  A person who violates this chapter commits an offense.  An offense under this section is a misdemeanor punishable by:
(1)  on conviction of a first offense, a fine of $100;
(2)  on conviction of a second offense, a fine of $500;  and
(3)  on conviction of a third offense:
(A)  a fine of $1,000;  or
(B)  revocation of the person's license to practice the healing art.
(b)  On conviction of the person, the district court shall notify the licensing board that issued the license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 105 - Unprofessional Conduct by Health Care Provider › Section 105.001. Definition

Sec. 105.001.  DEFINITION.  In this chapter, "health care provider" means a person who furnishes services under a license, certificate, registration, or other authority issued by this state or another state to diagnose, prevent, alleviate, or cure a human illness or injury.
Added by Acts 2001, 77th Leg., ch. 1033, Sec. 4, eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 105 - Unprofessional Conduct by Health Care Provider › Section 105.002. Unprofessional Conduct

Sec. 105.002.  UNPROFESSIONAL CONDUCT.  (a)  A health care provider commits unprofessional conduct if the health care provider, in connection with the provider's professional activities:
(1)  knowingly presents or causes to be presented a false or fraudulent claim for the payment of a loss under an insurance policy;
(2)  knowingly prepares, makes, or subscribes to any writing, with intent to present or use the writing, or to allow it to be presented or used, in support of a false or fraudulent claim under an insurance policy; or
(3)  knowingly directs or requires a patient to obtain health care goods or services from a niche hospital in which the health care provider or an immediate family member of the provider has a financial interest, unless the provider:
(A)  discloses to the patient, in writing, that the provider or the provider's family member has a financial interest in the niche hospital; and
(B)  informs the patient that the patient has the option of using an alternative health care facility.
(b)  In addition to other provisions of civil or criminal law, commission of unprofessional conduct under Subsection (a) constitutes cause for the revocation or suspension of a provider's license, permit, registration, certificate, or other authority or other disciplinary action.
(c)  Subsection (a)(3) does not apply to a financial 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)  In this section:
(1)  "Diagnosis-related group" means the classification system mandated by Medicare regulations for reimbursement purposes that groups patients according to principal diagnosis, presence of a surgical procedure, age, presence or absence of significant complications, and other relevant criteria.
(2)  "Niche hospital" means a hospital that:
(A)  classifies at least two-thirds of the hospital's Medicare patients or, if data is available, all patients:
(i)  in not more than two major diagnosis-related groups; or
(ii)  in surgical diagnosis-related groups;
(B)  specializes in one or more of the following areas:
(i)  cardiac;
(ii)  orthopedics;
(iii)  surgery; or
(iv)  women's health; and
(C)  is not:
(i)  a public hospital;
(ii)  a hospital for which the majority of inpatient claims are for major diagnosis-related groups relating to rehabilitation, psychiatry, alcohol and drug treatment, or children or newborns; or
(iii)  a hospital with fewer than 10 claims per bed per year.
Added by Acts 2001, 77th Leg., ch. 1033, Sec. 4, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 836 (S.B. 872), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 106 - General Regulatory Authority Regarding Health Care Practitioners' Use of Internet › Section 106.001. Effect of Internet Activity

Sec. 106.001.  EFFECT OF INTERNET ACTIVITY.  (a)  In this section:
(1)  "Licensing authority" means a department, commission, board, office, or other agency of the state or a political subdivision of the state that regulates activities and persons under this title.
(2)  "Internet" has the meaning assigned by Section 2002.001, Government Code.
(b)  The fact that an activity occurs through the use of the Internet does not affect a licensing authority's power to regulate an activity or person that would otherwise be regulated under this title.
Added by Acts 2001, 77th Leg., ch. 286, Sec. 1, eff. May. 23, 2001.  Renumbered from Occupations Code Sec. 105.001 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(113), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 107 - Intractable Pain Treatment › Subchapter A. General Provisions › Section 107.001. Short Title

Sec. 107.001.  SHORT TITLE.  This chapter may be cited as the Intractable Pain Treatment Act.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.002(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 107 - Intractable Pain Treatment › Subchapter A. General Provisions › Section 107.002. Definitions

Sec. 107.002.  DEFINITIONS.  In this chapter:
(1)  'Board' means the Texas State Board of Medical Examiners.
(2)  'Intractable pain' means a state of pain for which:
(A)  the cause of the pain cannot be removed or otherwise treated;  and
(B)  in the generally accepted course of medical practice, relief or cure of the cause of the pain:
(i)  is not possible;  or
(ii)  has not been found after reasonable efforts.
(3)  'Physician' means a physician licensed by the board.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.002(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 107 - Intractable Pain Treatment › Subchapter A. General Provisions › Section 107.003. Nonapplicability of Chapter to Certain Chemically Dependent Persons

Sec. 107.003.  NONAPPLICABILITY OF CHAPTER TO CERTAIN CHEMICALLY DEPENDENT PERSONS.  Except as provided by Subchapter C, this chapter does not apply to a person being treated by a physician for chemical dependency because of the person's use of a dangerous drug or controlled substance.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.002(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 107 - Intractable Pain Treatment › Subchapter B. Prescription and Administration of Dangerous Drugs and Controlled Substances › Section 107.051. Authority to Prescribe or Administer Dangerous Drug or Controlled Substance

Sec. 107.051.  AUTHORITY TO PRESCRIBE OR ADMINISTER DANGEROUS DRUG OR CONTROLLED SUBSTANCE.  Notwithstanding any other law, a physician may prescribe or administer a dangerous drug or controlled substance to a person in the course of the physician's treatment of the person for intractable pain.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.002(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 107 - Intractable Pain Treatment › Subchapter B. Prescription and Administration of Dangerous Drugs and Controlled Substances › Section 107.052. Limitations on Prescription or Administration of Dangerous Drug or Controlled Substance

Sec. 107.052.  LIMITATIONS ON PRESCRIPTION OR ADMINISTRATION OF DANGEROUS DRUG OR CONTROLLED SUBSTANCE.  This chapter does not authorize a physician to prescribe or administer to a person a dangerous drug or controlled substance:
(1)  for a purpose that is not a legitimate medical purpose as defined by the board;  and
(2)  if the physician knows or should know the person is using drugs for a nontherapeutic purpose.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.002(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 107 - Intractable Pain Treatment › Subchapter B. Prescription and Administration of Dangerous Drugs and Controlled Substances › Section 107.053. Limitation on Authority of Hospital or Other Health Care Facility Regarding Use of Dangerous Drug or Controlled Substance

Sec. 107.053.  LIMITATION ON AUTHORITY OF HOSPITAL OR OTHER HEALTH CARE FACILITY REGARDING USE OF DANGEROUS DRUG OR CONTROLLED SUBSTANCE.  A hospital or other health care facility may not prohibit or restrict the use of a dangerous drug or controlled substance prescribed or administered by a physician who holds staff privileges at the hospital or facility for a person diagnosed and treated by a physician for intractable pain.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.002(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 107 - Intractable Pain Treatment › Subchapter C. Treatment of Certain Patients › Section 107.101. Patient

Sec. 107.101.  PATIENT.  In this subchapter, "patient" includes a person who:
(1)  is currently abusing a dangerous drug or controlled substance;
(2)  is not currently abusing such a drug or substance but has a history of such abuse;  or
(3)  lives in an environment that poses a risk for misuse or diversion to illegitimate use of such a drug or substance.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.002(a), eff. Sept. 1, 2003.