reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 154 - Public Interest Information and Complaint Procedures › Subchapter B. Complaint Procedures › Section 154.057. Conduct of Investigation; Use of Investigators as Peace Officers

Sec. 154.057.  CONDUCT OF INVESTIGATION;  USE OF INVESTIGATORS AS PEACE OFFICERS.  (a)  Except as otherwise provided by this subchapter, each investigation of a complaint filed under this subtitle shall be conducted by the board or by a person authorized by the board to conduct the investigation.
(b)  Except as provided by Subsection (b-1), the board shall complete a preliminary investigation of the complaint not later than the 45th day after the date of receiving the complaint.  The board shall first determine whether the physician constitutes a continuing threat to the public welfare.  On completion of the preliminary investigation, the board shall determine whether to officially proceed on the complaint.  If the board fails to complete the preliminary investigation in the time required by this subsection, the board's official investigation of the complaint is considered to commence on that date.
(b-1)  The board, for good cause, may extend a preliminary investigation under Subsection (b) for not more than 15 days after the date required for completion under that subsection.
(c)  The board may commission investigators as peace officers to enforce this subtitle.  An investigator commissioned as a peace officer under this subsection may not carry a firearm or exercise the powers of arrest.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 1.19, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1349 (H.B. 680), Sec. 3, eff. September 1, 2011.
Acts 2019, 86th Leg., R.S., Ch. 1231 (H.B. 1504), Sec. 5, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 154 - Public Interest Information and Complaint Procedures › Subchapter B. Complaint Procedures › Section 154.058. Determination of Medical Competency

Sec. 154.058.  DETERMINATION OF MEDICAL COMPETENCY.  (a)  Each complaint against a physician that requires a determination of medical competency shall be reviewed initially by a board member, consultant, or employee with a medical background considered sufficient by the board.
(b)  If the initial review under Subsection (a) indicates that an act by a physician falls below an acceptable standard of care, the complaint shall be reviewed by an expert physician panel authorized under Section 154.056(e) consisting of physicians who practice in the same specialty as the physician who is the subject of the complaint or in another specialty that is similar to the physician's specialty.
(c)  The expert physician panel shall report in writing the panel's determinations based on the review of the complaint under Subsection (b).  The report must specify the standard of care that applies to the facts that are the basis of the complaint and the clinical basis for the panel's determinations, including any reliance on peer-reviewed journals, studies, or reports.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 202, Sec. 10, eff. June 10, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 155 - License to Practice Medicine › Subchapter A. License Requirements › Section 155.001. License Required

Sec. 155.001.  LICENSE REQUIRED.  A person may not practice medicine in this state unless the person holds a license issued under this subtitle.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 155 - License to Practice Medicine › Subchapter A. License Requirements › Section 155.002. Issuance of License

Sec. 155.002.  ISSUANCE OF LICENSE.  (a)   The board, at its sole discretion, may issue a license to practice medicine to a person who:
(1)  submits to the board a license application as required by this chapter;
(2)  presents satisfactory proof that the person meets the eligibility requirements established by this chapter; and
(3)  satisfies the examination requirements of Section 155.051.
(b)  The board may delegate authority to board employees to issue licenses under this subtitle to applicants who clearly meet all licensing requirements.  If the board employees determine that the applicant does not clearly meet all licensing requirements, the application shall be returned to the board.  A license issued under this subsection does not require formal board approval.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.027(a), eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 1.20, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 155 - License to Practice Medicine › Subchapter A. License Requirements › Section 155.0031. Application Procedures and Requirements

Sec. 155.0031.  APPLICATION PROCEDURES AND REQUIREMENTS.  (a)  An application for a license must be in writing and on forms prescribed by the board.  The board may allow or require applicants, by board rule, to use the Federation Credentials Verification Service offered by the Federation of State Medical Boards of the United States.
(b)  The application forms must be accompanied by all fees, documents, and photographs required by board rule.
(c)  Applicants for a license must subscribe to an oath.  The written oath is part of the application.
(d)  An applicant must present proof satisfactory to the board that:
(1)  each medical school attended by the applicant is substantially equivalent to a Texas medical school as determined by board rule; or
(2)  the applicant is specialty board certified by a specialty board organization acceptable to the board.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.027(c), eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1406 (H.B. 3674), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 155 - License to Practice Medicine › Subchapter A. License Requirements › Section 155.004. Additional Eligibility Requirements for Graduates of Certain Foreign Medical Schools

Sec. 155.004.  ADDITIONAL ELIGIBILITY REQUIREMENTS FOR GRADUATES OF CERTAIN FOREIGN MEDICAL SCHOOLS.  A license applicant who is a graduate of a medical school that is located outside the United States and Canada must present proof satisfactory to the board that the applicant:
(1)  is a graduate of a school whose curriculum meets the requirements for an unapproved medical school as determined by a committee of experts selected by the Texas Higher Education Coordinating Board;
(2)  has successfully completed  at least two years of graduate medical training in the United States or Canada that was approved by the board;
(3)  holds a valid certificate issued by the Educational Commission for Foreign Medical Graduates; and
(4)  is able to communicate in English.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.027(d), eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1406 (H.B. 3674), Sec. 2, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 498 (H.B. 1380), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 155 - License to Practice Medicine › Subchapter A. License Requirements › Section 155.005. Eligibility Requirements of Foreign Medical School Students in Fifth Pathway Program

Sec. 155.005.  ELIGIBILITY REQUIREMENTS OF FOREIGN MEDICAL SCHOOL STUDENTS IN FIFTH PATHWAY PROGRAM.  (a)  To be eligible for a license under this chapter, an applicant who has been a student of a foreign medical school must present proof satisfactory to the board that the applicant:
(1)  meets the requirements of Section 155.003;
(2)  has studied medicine in a medical school located outside the United States and Canada that is acceptable to the board;
(3)  has completed all of the didactic work of the foreign medical school but has not graduated from the school;
(4)  has attained a score satisfactory to a medical school in the United States approved by the Liaison Committee on Medical Education on a qualifying examination and has satisfactorily completed one academic year of supervised clinical training for foreign medical students, as defined by the American Medical Association Council on Medical Education (Fifth Pathway Program), under the direction of the medical school in the United States;
(5)  has attained a passing score on the Educational Commission for Foreign Medical Graduates examination or another examination, if required by the board;
(6)  has successfully completed at least two years of graduate medical training in the United States or Canada that was approved by the board as of the date the training was completed; and
(7)  has passed the license examination under Subchapter B required by the board of each applicant.
(b)  An applicant who satisfies the requirements of this section is not required to:
(1)  meet any requirement of the foreign medical school beyond completion of the didactic work;  or
(2)  be certified by the Educational Commission for Foreign Medical Graduates.
(c)  A hospital that is licensed by this state, that is operated by this state or a political subdivision of this state, or that directly or indirectly receives state financial assistance may not require a person who has been a student of a foreign medical school but has not graduated from the school to satisfy any requirements other than those listed in Subsection (a) before beginning an internship or residency.
(d)  For purposes of licensing under this chapter, a document granted by a medical school located outside the United States issued after the completion of all the didactic work of the medical school is considered the equivalent of a degree of doctor of medicine or doctor of osteopathy on certification by the medical school in the United States in which the training was received that the person to whom the document was issued satisfactorily completed the requirements listed in Subsection (a)(4).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.027(e), eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 498 (H.B. 1380), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 155 - License to Practice Medicine › Subchapter A. License Requirements › Section 155.008. Criminal Record Check

Sec. 155.008.  CRIMINAL RECORD CHECK.  (a)  The board shall submit to the Department of Public Safety a complete set of fingerprints of each license applicant, and the department shall classify and check the fingerprints against those in the department's fingerprint records. The department shall certify to the board its findings regarding the criminal record of the applicant or the applicant's lack of a criminal record.
(b)  Each applicant shall submit information to the board detailing any conviction for a felony or a Class A or Class B misdemeanor or a deferred adjudication for a felony or Class A or Class B misdemeanor for a violation relating to:
(1)  Medicare, Medicaid or insurance fraud;
(2)  the Texas Controlled Substances Act or intoxication or alcoholic beverage offenses;
(3)  sexual or assaultive offenses;  and
(4)  tax fraud or evasion.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.023(b), eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 880 (H.B. 1973), Sec. 3, eff. June 15, 2007.
Acts 2023, 88th Leg., R.S., Ch. 827 (H.B. 1998), Sec. 7, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 155 - License to Practice Medicine › Subchapter A. License Requirements › Section 155.009. Limited License for Practice of Administrative Medicine

Sec. 155.009.  LIMITED LICENSE FOR PRACTICE OF ADMINISTRATIVE MEDICINE.  (a)  The board shall adopt rules for the issuance of a license that limits the license holder to the practice of administrative medicine.  The board's rules under this section must include provisions for eligibility for the license, issuance and renewal of the license, the fees applicable to the license, continuing education requirements, and the scope of practice of a person who holds the license.
(b)  An applicant for a license under this section must meet all of the requirements for issuance of a license under Section 155.002.
(c)  A license holder under this section who seeks to practice medicine under an unrestricted license that is not limited to the practice of administrative medicine must provide proof to the board that the license holder has the clinical competence to practice medicine under that license and must meet all applicable eligibility requirements for that license.  The board may require the license holder to pass any examination the board determines necessary.
Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 1.23, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 155 - License to Practice Medicine › Subchapter A. License Requirements › Section 155.011. Expedited Licensing Process for Certain Out-of-State Applicants

Sec. 155.011.  EXPEDITED LICENSING PROCESS FOR CERTAIN OUT-OF-STATE APPLICANTS.  The board by rule shall develop and implement an expedited licensing process for an applicant who is considered to have satisfied the examination requirements of this chapter under Section 155.0561(d).
Added by Acts 2019, 86th Leg., R.S., Ch. 1231 (H.B. 1504), Sec. 6, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 155 - License to Practice Medicine › Subchapter B. License Examination › Section 155.051. Examination Required

Sec. 155.051.  EXAMINATION REQUIRED.  (a)  Except as provided by Subsection (b), an applicant for a license to practice medicine in this state must pass each part of an examination described by Section 155.0511(2), (3), (4), (6), or (7) within seven years.
(b)  An applicant who is a graduate of a program designed to lead to both a doctor of philosophy degree and a doctor of medicine degree or doctor of osteopathy degree must pass each part of an examination described by Section 155.0511(2), (3), (4), (6), or (7) not later than the earlier of the second anniversary of the date the applicant completed all graduate medical training undertaken by the applicant, including internship, residency, and fellowship, or the 12th anniversary of the date the applicant began the graduate medical training.
(c)  The time frame to pass each part of the examination described by Subsection (a) is extended to 10 years and the anniversary date to pass each part of the examination described by Subsection (b) is extended to the 10th anniversary if the applicant:
(1)  is specialty board certified by a specialty board that:
(A)  is a member of the American Board of Medical Specialties; or
(B)  is a member of the Bureau of Osteopathic Specialists; or
(2)  has been issued a faculty temporary license, as prescribed by board rule, and has practiced under such a license for a minimum of 12 months and, at the conclusion of the 12-month period, has been recommended to the board by the chief administrative officer and the president of the institution in which the applicant practiced under the faculty temporary license.
(d)  The time frame to pass each part of the examination does not apply to an applicant who:
(1)  is licensed and in good standing as a physician in another state;
(2)  has been licensed for at least five years;
(3)  does not hold a medical license in the other state that has or has ever had any restrictions, disciplinary orders, or probation; and
(4)  will practice in a medically underserved area or a health manpower shortage area, as those terms are defined by Section 157.052.
(e)  The board may by rule establish a process to verify that a person, after meeting the requirements of Subsection (d), practices only in an area described by Subsection (d)(4).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.027(g), eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 79 (S.B. 424), Sec. 1, eff. May 17, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 1180 (S.B. 949), Sec. 2, eff. June 14, 2013.
Acts 2021, 87th Leg., R.S., Ch. 398 (S.B. 1414), Sec. 1, eff. June 7, 2021.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 155 - License to Practice Medicine › Subchapter B. License Examination › Section 155.0511. Examinations Administered or Accepted by Board

Sec. 155.0511.  EXAMINATIONS ADMINISTERED OR ACCEPTED BY BOARD.  The board may administer or accept the following examinations for licensing as determined by rule:
(1)  a state board licensing examination;
(2)  the Medical Council of Canada Examination (LMCC) or its successor;
(3)  the National Board of Osteopathic Medical Examiners (NBOME) examination or its successor;
(4)  the National Board of Medical Examiners (NBME) examination or its successor;
(5)  the Federation Licensing Examination (FLEX) with a weighted average in one sitting before June 1985;
(6)  the Federation Licensing Examination (FLEX) after May 1985;
(7)  the United States Medical Licensing Examination (USMLE) or its successor;
(8)  a combination of the examinations described by Subdivisions (3) and (6) as determined by board rule;  or
(9)  a combination of the examinations described by Subdivisions (4), (6), and (7) as determined by board rule.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.027(h), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 155 - License to Practice Medicine › Subchapter B. License Examination › Section 155.052. General Examination Procedures

Sec. 155.052.  GENERAL EXAMINATION PROCEDURES.  (a)  Each examination administered to evaluate basic medical knowledge and clinical competency must be prepared by a national testing service or the board and validated by qualified independent testing professionals.  The examination must be in writing and in English.
(b)  A license examination must be entirely fair and impartial to all persons and to each school or system of medicine.
(c)  An applicant who wishes to request reasonable accommodations due to a disability must submit the request on filing the application.
(d)  The board by rule shall determine the passing grade for each examination used by the board.
(e)  The board shall give each license applicant notice of the date and place of the examination, if administered by the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.027(i), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 155 - License to Practice Medicine › Subchapter B. License Examination › Section 155.053. Public Member Participation in Examination

Sec. 155.053.  PUBLIC MEMBER PARTICIPATION IN EXAMINATION.  (a)  A public member of the board may not participate in the preparation of an examination used to examine the academic and professional credentials of a license applicant or to examine the applicant orally or in writing.
(b)  Each public member shall be given notice of, and may be present at, each examination or deliberation concerning the results of an examination and may participate in the development and establishment of the procedures and criteria for each examination.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 155 - License to Practice Medicine › Subchapter B. License Examination › Section 155.054. Examination Subjects

Sec. 155.054.  EXAMINATION SUBJECTS.  (a)  Each license examination must include subjects generally taught by medical schools, a knowledge of which is commonly and generally required of each candidate for the degree of doctor of medicine or doctor of osteopathy conferred by schools in this state.
(b)  The board shall administer the Texas medical jurisprudence examination to all applicants.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.027(j), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 155 - License to Practice Medicine › Subchapter B. License Examination › Section 155.055. Notice of Examination Results

Sec. 155.055.  NOTICE OF EXAMINATION RESULTS.  The board shall notify each examinee of the results of a licensing examination not later than the 120th day after the date the examination is administered by the board.  However, if an examination is graded or reviewed by a national testing service, the board shall notify each examinee of the results of the examination not later than the 30th day after the date the board receives the results from the testing service.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.027(k), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 155 - License to Practice Medicine › Subchapter B. License Examination › Section 155.056. Examination Attempt Limits

Sec. 155.056.  EXAMINATION ATTEMPT LIMITS.  (a)  Except as otherwise provided by Subsection (a-1) and Section 155.0561, an applicant must pass each part of an examination within three attempts.
(a-1)  The limit on the number of examination attempts under Subsection (a) does not apply to the Texas medical jurisprudence examination.
(b)  The board shall adopt rules that prescribe how the limit on the number of examination attempts under Subsection (a) shall apply to an applicant who seeks a license and who attempts more than one type of examination.
(c)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 1231 (H.B. 1504), Sec. 29, eff. September 1, 2019.
(d)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 1231 (H.B. 1504), Sec. 29, eff. September 1, 2019.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.027(l), eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 1.24, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 796 (S.B. 36), Sec. 1, eff. June 15, 2007.
Acts 2017, 85th Leg., R.S., Ch. 567 (S.B. 674), Sec. 2, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1231 (H.B. 1504), Sec. 7, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1231 (H.B. 1504), Sec. 29, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 155 - License to Practice Medicine › Subchapter B. License Examination › Section 155.0561. Exceptions to Examination Attempt Limits for Certain Out-of-State Applicants

Sec. 155.0561.  EXCEPTIONS TO EXAMINATION ATTEMPT LIMITS FOR CERTAIN OUT-OF-STATE APPLICANTS.  (a)  In this section:
(1)  "Active practice" means the practice of medicine by a person after successful completion of a residency, fellowship, or other supervised training program.
(2)  "Full license" means a license to practice medicine that is not a training license, a permit, or any other form of authority to practice medicine issued to a person while the person is completing or enrolled in a residency, fellowship, or other supervised training program.
(b)  This section applies only to an applicant who:
(1)  has successfully completed a graduate medical education program approved by the board;
(2)  holds a full license and is in good standing as a physician in another state or Canada;
(3)  does not hold and has never held a medical license subject to any restriction, disciplinary order, or probation;
(4)  is not and has never been the subject of a peer review that has resulted or may result in limitation, restriction, suspension, or other adverse impact on the applicant's hospital or other medical facility privileges; and
(5)  is not under investigation by any licensing or law enforcement agency.
(c)  An applicant described by Subsection (b) who has held a full license and been in active practice for at least one year but less than five years and has passed within three attempts all but one part of the examination approved by the board is considered to have satisfied the examination requirements of this chapter if the applicant passed the remaining part of the examination within:
(1)  one additional attempt; or
(2)  three additional attempts, if the applicant is specialty board certified by a specialty board that is:
(A)  a member of the American Board of Medical Specialties; or
(B)  approved by the American Osteopathic Association.
(d)  An applicant described by Subsection (b) who has held a full license and been in active practice for at least five years is considered to have satisfied the examination requirements of this chapter regardless of the type of examination the applicant passed or the number of attempts within which the applicant passed the examination or any part of the examination.
Added by Acts 2019, 86th Leg., R.S., Ch. 1231 (H.B. 1504), Sec. 8, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 155 - License to Practice Medicine › Subchapter B. License Examination › Section 155.057. Preservation of Examination Materials

Sec. 155.057.  PRESERVATION OF EXAMINATION MATERIALS.  The board shall preserve all examination questions, answers, and grades as directed by board rule until the first anniversary of the date of the examination.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.027(m), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 155 - License to Practice Medicine › Subchapter B. License Examination › Section 155.058. Application of Open Records and Open Meetings Law to Examination Procedures

Sec. 155.058.  APPLICATION OF OPEN RECORDS AND OPEN MEETINGS LAW TO EXAMINATION PROCEDURES.  (a)  The following are exempt from Chapters 551 and 552, Government Code:
(1)  examination questions that may be used in the future;
(2)  examinations;  and
(3)  deliberations and records relating to the professional character and fitness of applicants.
(b)  Subsection (a)(2) does not prohibit the board from providing an examination to an applicant who has taken that examination.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.027(n), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 155 - License to Practice Medicine › Subchapter C. Certain Temporary or Limited Licenses or Permits › Section 155.101. Provisional License to Practice in Certain Areas

Sec. 155.101.  PROVISIONAL LICENSE TO PRACTICE IN CERTAIN AREAS.  (a)  On application, the board shall grant a provisional license to practice medicine in a location described by Subsection (e) to an applicant for a license under this subtitle who is licensed in good standing as a physician in another state.
(b)  The board may not grant a provisional license under this section to an applicant who:
(1)  has had a medical license suspended or revoked by another state or a Canadian province; or
(2)  holds a medical license issued by another state or a Canadian province that is subject to a restriction, disciplinary order, or probationary order.
(c)  The provisional license applicant must:
(1)  have passed a national or other examination recognized by the board relating to the practice of medicine within the number of attempts allowed under Section 155.056;
(2)  submit information to enable the board to conduct a criminal background check as required by the board; and
(3)  be sponsored by a person licensed under this subtitle with whom the provisional license holder may practice under this section.
(d)  The board may excuse an applicant for a provisional license from the requirement of Subsection (c)(3) if the board determines that compliance with that subsection constitutes a hardship to the applicant.
(e)  A person who holds a provisional license issued under this section may only practice medicine in a location:
(1)  designated by the federal government as a health professional shortage area; or
(2)  designated by the federal or state government as a medically underserved area.
(f)  A provisional license expires on the earlier of:
(1)  the date the board issues the provisional license holder a license under this subtitle or denies the provisional license holder's application for a license; or
(2)  the 270th day after the date the provisional license was issued.
(g)  The board shall issue a license under this subtitle to the holder of a provisional license under this section if:
(1)  the provisional license holder passes the examination required by Section 155.051; and
(2)  the provisional license holder satisfies all other license requirements under this subtitle.
Added by Acts 2009, 81st Leg., R.S., Ch. 463 (S.B. 202), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 155 - License to Practice Medicine › Subchapter C. Certain Temporary or Limited Licenses or Permits › Section 155.1025. Expedited Process for Certain Applicants

Sec. 155.1025.  EXPEDITED PROCESS FOR CERTAIN APPLICANTS.  (a)  The board shall adopt rules for expediting any application for a license under this subtitle made by a person who submits an affidavit with the application stating that:
(1)  the applicant intends to practice in a rural community; or
(2)  the applicant  intends to practice medicine in a medically underserved area or health professional shortage area, designated by the United States Department of Health and Human Services, that has a current shortage of physicians.
(b)  The board shall notify the Texas Department of Health on receipt of an application for expedited processing under Subsection (a)(2).
Added by Acts 2001, 77th Leg., ch. 1293, Sec. 1, eff. June 16, 2001.  Amended by Acts 2003, 78th Leg., ch. 143, Sec. 2, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 609, Sec. 17, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 9.006(o), eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 880 (H.B. 1973), Sec. 5, eff. June 15, 2007.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 155 - License to Practice Medicine › Subchapter C. Certain Temporary or Limited Licenses or Permits › Section 155.103. Military Limited Volunteer License

Sec. 155.103.  MILITARY LIMITED VOLUNTEER LICENSE.  (a)  The board shall adopt rules relating to the issuance of a military limited volunteer license under this section.
(b)  The board may issue a military limited volunteer license to practice medicine to an applicant who:
(1)  is licensed and in good standing, or was licensed and retired in good standing, as a physician in another state;
(2)  is or was authorized as a physician to treat personnel enlisted in a branch of the United States armed forces or veterans; and
(3)  meets any other requirement prescribed by board rule.
(c)  The board may not issue a license under this section to an applicant who:
(1)  holds a medical license that:
(A)  is currently under active investigation; or
(B)  is or was subject to a disciplinary order or action or to denial by another jurisdiction;
(2)  holds a license to prescribe, dispense, administer, supply, or sell a controlled substance that:
(A)  is currently under active investigation; or
(B)  is or was subject to a disciplinary order or action or to denial by another jurisdiction; or
(3)  has been convicted of, is on deferred adjudication community supervision or deferred disposition for, or is under active investigation for the commission of:
(A)  a felony; or
(B)  a misdemeanor involving moral turpitude.
(d)  A physician may practice medicine under a license issued under this section only at a clinic that primarily treats indigent patients.  The physician may not receive compensation for medical services rendered at the clinic.
(e)  A military limited volunteer license holder is subject to board rules, including rules regarding disciplinary action, license registration and renewal, and continuing medical education.
Added by Acts 2013, 83rd Leg., R.S., Ch. 185 (S.B. 61), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 155 - License to Practice Medicine › Subchapter C. Certain Temporary or Limited Licenses or Permits › Section 155.105. Physician-in-Training Permit

Sec. 155.105.  PHYSICIAN-IN-TRAINING PERMIT.  (a)  The board as provided by board rule may issue a physician-in-training permit to a physician not otherwise licensed by the board who is participating in a graduate medical education training program approved by the board.
(b)  A physician-in-training permit does not authorize the performance of a medical act by the permit holder unless the act is performed:
(1)  as a part of the graduate medical education training program;  and
(2)  under the supervision of a physician.
(c)  The board has jurisdiction to discipline a permit holder whose permit has expired if the violation of the law occurred during the time the permit was valid.  If an investigation is open when the permit expires, the permit shall be executory and the board may retain jurisdiction.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.027(o), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 155 - License to Practice Medicine › Subchapter C. Certain Temporary or Limited Licenses or Permits › Section 155.106. Certification of License to Other States

Sec. 155.106.  CERTIFICATION OF LICENSE TO OTHER STATES.  On the request of a license holder, the board shall issue a certificate that endorses the license issued by the board to other states.  The board shall charge a fee for the issuance of the certificate.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 155 - License to Practice Medicine › Subchapter C. Certain Temporary or Limited Licenses or Permits › Section 155.107. Certification of Examination Grades

Sec. 155.107.  CERTIFICATION OF EXAMINATION GRADES.  On the request of a license holder, the board shall issue certification of state board examination grades to the Federation of State Medical Boards of the United States.  The board shall charge a reasonable fee for the issuance.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.023(c), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 155 - License to Practice Medicine › Subchapter D. Issuance of New or Duplicate License › Section 155.151. Duplicate License

Sec. 155.151.  DUPLICATE LICENSE.  (a)  If a license issued under this subtitle is lost or destroyed, the license holder may apply to the board for a duplicate license.  The application must be on a form prescribed by the board, accompanied by an affidavit of the loss or destruction that states that the applicant is the person to whom the license was issued and other information concerning the loss or destruction of the license as required by the board.
(b)  On payment of a fee set by the board, the board shall issue a duplicate license to the person.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 155 - License to Practice Medicine › Subchapter D. Issuance of New or Duplicate License › Section 155.152. Issuance of New License on Change of Name

Sec. 155.152.  ISSUANCE OF NEW LICENSE ON CHANGE OF NAME.  The board may issue a new license to a license holder if the license holder changes the license holder's name.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 156 - Registration of Physicians › Subchapter A. Renewal and Registration › Section 156.001. Registration Requirements and Procedures

Sec. 156.001.  REGISTRATION REQUIREMENTS AND PROCEDURES.  (a)  Each person licensed to practice medicine in this state must register with the board every two years.  The initial registration permit shall be issued with the license.  The board by rule may adopt a system under which licenses expire on various dates during the year.
(b)  Except as provided by Section 156.002, the application for registration must be accompanied by a registration permit fee in an amount set by the board regardless of whether the person is practicing medicine in this state.
(c)  A license holder may renew the registration permit by submitting to the board, on or before the expiration date of the registration permit, the required renewal application and registration renewal fee.  Each registration permit renewal application must include:
(1)  the license holder's name, mailing address, and, if one is available, address for receipt of electronic mail;
(2)  the primary place at which the license holder is engaged in the practice of medicine;  and
(3)  other necessary information as prescribed by board rule.
(d)  If the license holder is licensed to practice medicine by another state or country or by the uniformed services of the United States, the registration renewal application must include a description of any investigation the license holder knows is in progress and any sanction imposed by or disciplinary matter pending in the state, country, or service regarding the license holder.
(e)  In addition to the information required by Subsection (c), a license holder shall submit to the board with the registration permit renewal application information not reported on a license application or a previous permit renewal application relating to a felony conviction, a conviction for a Class A or Class B misdemeanor, or a deferred adjudication for a felony offense or Class A or Class B misdemeanor offense for:
(1)  Medicare, Medicaid or insurance fraud;
(2)  the Texas Controlled Substances Act or intoxication or alcoholic beverage offenses;
(3)  sexual or assaultive offenses; and
(4)  tax fraud or evasion.
(f)  The board may not adopt a rule requiring maintenance of certification by a license holder for the license holder to be eligible for an initial or renewal registration permit.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.027(p), eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 202, Sec. 12, eff. June 10, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 1.26, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 880 (H.B. 1973), Sec. 4, eff. June 15, 2007.
Acts 2017, 85th Leg., R.S., Ch. 1121 (S.B. 1148), Sec. 5, eff. January 1, 2018.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 156 - Registration of Physicians › Subchapter A. Renewal and Registration › Section 156.0015. Criminal Record Check

Sec. 156.0015.  CRIMINAL RECORD CHECK.  (a) In addition to the information required by Section 156.001, a  license holder shall submit to the board with the registration permit renewal application a complete set of fingerprints. The board shall submit to the Department of Public Safety each set of fingerprints received under this section for the purpose of completing the criminal record check described by Section 155.008.
(b)  The board may suspend or refuse to renew the registration of a license holder who fails to submit a complete set of fingerprints under this section.
(c)  This section does not apply to a license holder who previously submitted a complete set of fingerprints:
(1)  as part of an application for a license; or
(2)  as part of a previous application to renew a registration permit under this section.
Added by Acts 2023, 88th Leg., R.S., Ch. 827 (H.B. 1998), Sec. 8, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 156 - Registration of Physicians › Subchapter A. Renewal and Registration › Section 156.002. Exemption for Certain Physicians

Sec. 156.002.  EXEMPTION FOR CERTAIN PHYSICIANS.  (a)  The board by rule may exempt a retired physician from the registration permit fee requirement.
(b)  A physician licensed by the board whose only practice is voluntary charity care, as defined by board rule, is exempt from the registration permit fee requirement.
(c)  A retired physician whose only practice is voluntary medical care for a disaster relief organization is exempt from the registration permit fee requirement.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.027(q), eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 202, Sec. 13, eff. June 10, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 246 (H.B. 655), Sec. 4, eff. May 30, 2005.
Acts 2005, 79th Leg., Ch. 1096 (H.B. 2158), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 156 - Registration of Physicians › Subchapter A. Renewal and Registration › Section 156.003. Staggered Renewal System

Sec. 156.003.  STAGGERED RENEWAL SYSTEM.  (a)  The board by rule may adopt a system under which registration permits expire on various dates during the two-year registration period.
(b)  For the registration period in which the expiration date is changed, registration permit fees shall be prorated.  On renewal of the registration on the new expiration date, the total registration permit fee is payable.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.027(r), eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 202, Sec. 14, eff. June 10, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 156 - Registration of Physicians › Subchapter A. Renewal and Registration › Section 156.004. Notice of Expiration

Sec. 156.004.  NOTICE OF EXPIRATION.  (a)  At least 60 days before the date on which a physician's registration permit expires, the board shall send to each physician at the physician's last known address according to the board's records:
(1)  a registration permit renewal application notice; and
(2)  a renewal notice for the physician's registration with the Department of Public Safety under Subchapter C, Chapter 481, Health and Safety Code.
(b)  The board shall provide for a 30-day grace period for renewing the registration permit from the date of the expiration of the permit.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.027(s), eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 202, Sec. 15, eff. June 10, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 956 (H.B. 1803), Sec. 6, eff. January 1, 2014.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 156 - Registration of Physicians › Subchapter A. Renewal and Registration › Section 156.005. Renewal of Certain Registration Permits

Sec. 156.005.  RENEWAL OF CERTAIN REGISTRATION PERMITS.  (a)  If a person's registration permit has been expired for 90 days or less, the person may renew the permit by submitting to the board the required registration renewal application, the registration renewal fee, and a $75 penalty fee.
(b)  If the person's registration permit has been expired for longer than 90 days but less than one year, the person may renew the permit by submitting to the board the required registration renewal application, the registration renewal fee, and a $150 penalty fee.
(c)  If the person's registration permit has been expired for one year or longer, the person's license is automatically canceled, unless an investigation is pending, and the person may not renew the registration permit.
(d)  A physician whose license is automatically canceled may obtain a new license by complying with the requirements, fees, and procedures for obtaining a new license.  The board may issue a new license without examination to a person whose license is automatically canceled for less than two years.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.027(t), eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 202, Sec. 16, eff. June 10, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 156 - Registration of Physicians › Subchapter A. Renewal and Registration › Section 156.006. Emergency Contact Information

Sec. 156.006.  EMERGENCY CONTACT INFORMATION.  (a)  Each license holder shall submit to the board telephone numbers, fax numbers, and e-mail addresses, if available and as appropriate, that the board may use to contact the license holder in an emergency.
(b)  A license holder who receives an initial registration permit shall provide the information required under Subsection (a) not later than the 30th day after the date the permit is issued.  Each license holder who applies to renew a registration permit shall submit the information required under Subsection (a) with the renewal application.
(c)  A license holder shall report to the board any change in the information required under Subsection (a) not later than the 45th day after the date of the change.
(d)  The information provided by a license holder under this section is confidential and is not subject to disclosure under Chapter 552, Government Code.  The board may not publish, release, or make available information provided by a license holder under this section except as provided by Subsection (e).
(e)  In the event of a public health emergency declared or invoked by the governor, the Department of State Health Services, or a federal agency, the board may publish, release, or make available information provided by a license holder under this section for the sole purpose of disseminating information to:
(1)  a license holder;
(2)  a designated city, county, state, or federal public health or emergency management official; or
(3)  the Federation of State Medical Boards.
Added by Acts 2009, 81st Leg., R.S., Ch. 1345 (S.B. 292), Sec. 1, eff. September 1, 2009.