reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 162 - Regulation of Practice of Medicine › Subchapter D. Physician Credentialing › Section 162.154. Furnishing of Data to Health Care Entity

Sec. 162.154.  FURNISHING OF DATA TO HEALTH CARE ENTITY.  Not later than the 15th business day after the date the board receives a request for the data, the board shall make available to a health care entity or its designated credentials verification organization all core credentials data it collects on a physician, including any correction, update, or modification of that data, if authorized by the physician.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.033(a), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 162 - Regulation of Practice of Medicine › Subchapter D. Physician Credentialing › Section 162.155. Review of Data by Physician

Sec. 162.155.  REVIEW OF DATA BY PHYSICIAN.  (a)  Before releasing a physician's core credentials data from its data bank for the first time, the board shall provide to the affected physician 15 business days to review the data and request reconsideration or resolution of errors in or omissions from the data.  The board shall include with the data any change or clarification made by the physician.
(b)  The board shall notify a physician of any change to the physician's core credentials data when a change is made or initiated by a person other than the physician.
(c)  A physician may request to review the physician's core credentials data collected at any time after the initial release of information.  The board is not required to hold, release, or modify any information because of the request.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.033(a), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 162 - Regulation of Practice of Medicine › Subchapter D. Physician Credentialing › Section 162.156. Data Duplication Prohibited

Sec. 162.156.  DATA DUPLICATION PROHIBITED.  (a)  A health care entity may not collect or attempt to collect duplicate core credentials data from a physician if the information is already on file with the board.  This section does not restrict the right of a health care entity to request additional information not included in the core credentials data on file with the board that is necessary for the entity to credential the physician.  A health care entity or its designated credentials verification organization may collect any additional information required by the health care entity's credentialing process from a primary source of that information.
(b)  A state agency may not collect or attempt to collect duplicate core credentials data from a physician if the information is already on file with the board.  This section does not restrict the right of a state agency to request additional information not included in the core credentials data on file with the board that the agency considers necessary for its specific credentialing purposes.
(c)  The board by rule may except from Subsections (a) and (b) a request for core credentials data that is necessary for a health care entity to provide temporary privileges during the credentialing process.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.033(a), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 162 - Regulation of Practice of Medicine › Subchapter D. Physician Credentialing › Section 162.157. Immunity

Sec. 162.157.  IMMUNITY.  A health care entity or its designated credentials verification organization is immune from liability arising from its reliance on data furnished by the board under this subchapter.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.033(a), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 162 - Regulation of Practice of Medicine › Subchapter D. Physician Credentialing › Section 162.158. Rules

Sec. 162.158.  RULES.  The board shall adopt rules as necessary to develop and implement the standardized credentials verification program established by this subchapter.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.033(a), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 162 - Regulation of Practice of Medicine › Subchapter D. Physician Credentialing › Section 162.159. Confidentiality

Sec. 162.159.  CONFIDENTIALITY.  The information collected, maintained, or stored by the board under this subchapter is privileged and confidential and not subject to discovery, subpoena, or other means of legal compulsion for its release or to disclosure under Chapter 552, Government Code, except as otherwise provided by this subchapter.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.033(a), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 162 - Regulation of Practice of Medicine › Subchapter D. Physician Credentialing › Section 162.160. Use of Independent Contractor

Sec. 162.160.  USE OF INDEPENDENT CONTRACTOR.  The board may contract with an independent contractor to collect, verify, maintain, store, or release information.  The contract must provide for board oversight and for the confidentiality of the information.  If the board contracts with an independent entity that is not a governmental unit to carry out this subchapter, the independent entity is not immune from liability.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.033(a), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 162 - Regulation of Practice of Medicine › Subchapter D. Physician Credentialing › Section 162.161. Fees

Sec. 162.161.  FEES.  (a)  The board shall prescribe and assess fees in amounts necessary to cover its cost of operating under and administering this subchapter.
(b)  The board may waive a fee for a state agency that is required to obtain core credentials data from the board and that Section 162.156 prohibits from collecting duplicate data.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.033(a), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 162 - Regulation of Practice of Medicine › Subchapter D. Physician Credentialing › Section 162.162. Gifts, Grants, and Donations

Sec. 162.162.  GIFTS, GRANTS, AND DONATIONS.  In addition to any fees paid to the board or money appropriated to the board, the board may receive and accept a gift, grant, donation, or other thing of value from any source, including the United States or a private source.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.033(a), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 162 - Regulation of Practice of Medicine › Subchapter E. Employment of Physician by Private Medical School › Section 162.201. Employment of Physician Permitted

Sec. 162.201.  EMPLOYMENT OF PHYSICIAN PERMITTED.  A private nonprofit medical school that is certified under Section 162.203, that is accredited by the Liaison Committee on Medical Education, and that was appropriated funds by the legislature in the 75th Legislature, Regular Session, 1997, may retain, in fulfilling its educational mission, all or part of the professional income generated by a physician for medical services if the physician is employed as a faculty member of the school and provides medical services as part of the physician's responsibilities.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.033(a), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 162 - Regulation of Practice of Medicine › Subchapter E. Employment of Physician by Private Medical School › Section 162.202. Committee Established by School

Sec. 162.202.  COMMITTEE ESTABLISHED BY SCHOOL.  (a)  A private medical school subject to this subchapter shall establish a committee consisting of at least five actively practicing physicians who provide care in the clinical program of the private medical school.  The committee shall approve existing policies, or adopt new policies if none exist, to ensure that a physician whose professional income is retained under Section 162.201 is exercising the physician's independent medical judgment in providing care to patients in the school's clinical programs.
(b)  The policies adopted under this section must include policies relating to credentialing, quality assurance, utilization review, peer review, medical decision-making, governance of the committee, and due process.
(c)  Each member of a committee under this section shall provide to the board biennially a signed and verified statement indicating that the member:
(1)  is licensed by the board;
(2)  will exercise independent medical judgment in all committee matters, specifically in matters relating to credentialing, quality assurance, utilization review, peer review, medical decision-making, and due process;
(3)  will exercise the member's best efforts to ensure compliance with the private medical school's policies that are adopted or established by the committee;  and
(4)  shall report immediately to the board any action or event that the member reasonably and in good faith believes constitutes a compromise of the independent judgment of a physician in caring for a patient in the private medical school's clinical program or in carrying out the member's duties as a committee member.
(d)  The board shall adopt rules requiring the disclosure of financial conflicts of interest by a committee member.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.033(a), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 162 - Regulation of Practice of Medicine › Subchapter E. Employment of Physician by Private Medical School › Section 162.203. Certification of School by Board

Sec. 162.203.  CERTIFICATION OF SCHOOL BY BOARD.  (a)  A private school that retains a physician's professional income under Section 162.201 must be certified by the board as being in compliance with this subchapter.
(b)  The board shall prescribe an application form to be provided to the school and may adopt rules as necessary to administer this subchapter.
(c)  The board may prescribe and assess a fee for the certification of a school and for investigation and review of the school in an amount not to exceed the fee assessed on an organization described by Section 162.001.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.033(a), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 162 - Regulation of Practice of Medicine › Subchapter E. Employment of Physician by Private Medical School › Section 162.204. Biennial Report

Sec. 162.204.  BIENNIAL REPORT.  A private medical school certified under Section 162.203 shall provide to the board a biennial report certifying that the school is in compliance with this subchapter.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.033(a), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 162 - Regulation of Practice of Medicine › Subchapter E. Employment of Physician by Private Medical School › Section 162.205. Suspension or Revocation of Certification

Sec. 162.205.  SUSPENSION OR REVOCATION OF CERTIFICATION.  If the board determines at any time that a private medical school certified under Section 162.203 has failed to comply with this subchapter, the board may suspend or revoke the school's certification.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.033(a), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 162 - Regulation of Practice of Medicine › Subchapter E. Employment of Physician by Private Medical School › Section 162.206. Limitation on School's Authority

Sec. 162.206.  LIMITATION ON SCHOOL'S AUTHORITY.  A private medical school's authority to retain a physician's professional income does not apply to a physician providing care in a facility owned or operated by the school that is established outside the school's historical geographical service area as it existed June 19, 1999.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.033(a), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 162 - Regulation of Practice of Medicine › Subchapter E. Employment of Physician by Private Medical School › Section 162.207. Application of Subchapter

Sec. 162.207.  APPLICATION OF SUBCHAPTER.  This subchapter does not:
(1)  affect the reporting requirements under Section 160.003;  or
(2)  apply to a private medical school certified under this subchapter if all or substantially all of the school's assets are sold.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.033(a), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 162 - Regulation of Practice of Medicine › Subchapter F. Direct Primary Care › Section 162.251. Definitions

Sec. 162.251.  DEFINITIONS.  In this subchapter:
(1)  "Direct fee" means a fee charged by a physician to a patient or a patient's designee for primary medical care services provided by, or to be provided by, the physician to the patient.  The term includes a fee in any form, including a:
(A)  monthly retainer;
(B)  membership fee;
(C)  subscription fee;
(D)  fee paid under a medical service agreement; or
(E)  fee for a service, visit, or episode of care.
(2)  "Direct primary care" means a primary medical care service provided by a physician to a patient in return for payment in accordance with a direct fee.  The term includes telemedicine medical services and telehealth services, as those terms are defined by Section 111.001, provided using a technology platform.
(3)  "Medical service agreement" means a signed written agreement under which a physician agrees to provide direct primary care services for a patient in exchange for a direct fee for a period of time that is entered into by the physician and:
(A)  the patient;
(B)  the patient's legal representative, guardian, or employer on behalf of the patient; or
(C)  the patient's legal representative's or guardian's employer on behalf of the patient.
(4)  "Physician" includes a professional association or professional limited liability company owned entirely by an individual licensed under this subtitle.
(5)  "Primary medical care service" means a routine or general health care service of the type provided at the time a patient seeks preventive care or first seeks health care services for a specific health concern, is a patient's main source for regular health care services, and includes:
(A)  promoting and maintaining mental and physical health and wellness;
(B)  preventing disease;
(C)  screening, diagnosing, and treating acute or chronic conditions caused by disease, injury, or illness;
(D)  providing patient counseling and education; and
(E)  providing a broad spectrum of preventive and curative health care over a period of time.
Added by Acts 2015, 84th Leg., R.S., Ch. 165 (H.B. 1945), Sec. 1, eff. May 28, 2015.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 964 (S.B. 670), Sec. 4, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 162 - Regulation of Practice of Medicine › Subchapter F. Direct Primary Care › Section 162.252. Applicability of Subchapter

Sec. 162.252.  APPLICABILITY OF SUBCHAPTER.  This subchapter does not apply to workers' compensation insurance coverage as defined by Section 401.011, Labor Code.
Added by Acts 2015, 84th Leg., R.S., Ch. 165 (H.B. 1945), Sec. 1, eff. May 28, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 162 - Regulation of Practice of Medicine › Subchapter F. Direct Primary Care › Section 162.253. Direct Primary Care Not Insurance

Sec. 162.253.  DIRECT PRIMARY CARE NOT INSURANCE.  (a)  A physician providing direct primary care is not an insurer or health maintenance organization, and the physician is not subject to regulation by the Texas Department of Insurance for the direct primary care.
(b)  A medical service agreement is not health or accident insurance or coverage under Title 8, Insurance Code, and is not subject to regulation by the Texas Department of Insurance.
(c)  A physician is not required to obtain a certificate of authority under the Insurance Code to market, sell, or offer a medical service agreement or provide direct primary care.
(d)  A physician providing direct primary care does not violate Section 1204.055, Insurance Code.
Added by Acts 2015, 84th Leg., R.S., Ch. 165 (H.B. 1945), Sec. 1, eff. May 28, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 162 - Regulation of Practice of Medicine › Subchapter F. Direct Primary Care › Section 162.254. Billing Insurer or Health Maintenance Organization Prohibited

Sec. 162.254.  BILLING INSURER OR HEALTH MAINTENANCE ORGANIZATION PROHIBITED.  A physician may not bill an insurer or health maintenance organization for direct primary care that is paid under a medical service agreement.
Added by Acts 2015, 84th Leg., R.S., Ch. 165 (H.B. 1945), Sec. 1, eff. May 28, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 162 - Regulation of Practice of Medicine › Subchapter F. Direct Primary Care › Section 162.255. Interference Prohibited

Sec. 162.255.  INTERFERENCE PROHIBITED.  (a)  The board or another state agency may not prohibit, interfere with, initiate a legal or administrative proceeding against, or impose a fine or penalty against:
(1)  a physician solely because the physician provides direct primary care; or
(2)  a person solely because the person pays a direct fee for direct primary care.
(b)  A health insurer, health maintenance organization, or health care provider as that term is defined by Section 105.001 may  not prohibit, interfere with, or initiate a legal proceeding against:
(1)  a physician solely because the physician provides direct primary care; or
(2)  a person solely because the person pays a direct fee for direct primary care.
Added by Acts 2015, 84th Leg., R.S., Ch. 165 (H.B. 1945), Sec. 1, eff. May 28, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 162 - Regulation of Practice of Medicine › Subchapter F. Direct Primary Care › Section 162.256. Required Disclosure

Sec. 162.256.  REQUIRED DISCLOSURE.  A physician providing direct primary care shall provide written or electronic notice to the patient that a medical service agreement for direct primary care is not insurance, prior to entering into the agreement.
Added by Acts 2015, 84th Leg., R.S., Ch. 165 (H.B. 1945), Sec. 1, eff. May 28, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 163 - District Review Committees › Section 163.001. Definitions

Sec. 163.001.  DEFINITIONS.  In this chapter:
(1)  "Committee" means a district review committee.
(2)  "District" means a district established under Section 163.002.
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 163 - District Review Committees › Section 163.002. Designation of Districts

Sec. 163.002.  DESIGNATION OF DISTRICTS.  (a)  The board shall designate:
(1)  the number of districts;  and
(2)  the geographic area of a district composed of various counties.
(b)  The board may revise, as it considers appropriate and after a public hearing, the number of districts and the designation of the counties located in a district.
(c)  If the number of districts or a county's designation in a district is revised, the board shall follow the same procedure that applied to the initial designation.
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 163 - District Review Committees › Section 163.003. Committee

Sec. 163.003.  COMMITTEE.  (a)  A committee consists of seven members appointed by the governor, as follows:
(1)  three physician members who are doctors of medicine (M.D.);
(2)  one physician member who is a doctor of osteopathic medicine (D.O.); and
(3)  three public members.
(b)  A member must:
(1)  have resided in the district for longer than three years before the date of the appointment;  and
(2)  meet the qualifications for:
(A)  physician members of the board under Section 152.002, if the member is a physician member;  or
(B)  public members of the board under Section 152.002, if the member is a public member.
(c)  A member of the committee serves a six-year term.
(d)  If a vacancy occurs during a member's term, the governor shall appoint a replacement to fill the unexpired term.
(e)  A member of the committee is entitled to receive a per diem for actual duty in the same manner provided for board members.
(f)  A member of a committee is subject to law and the rules of the board, including Sections 152.004, 152.006, and 152.010, as if the committee member were a member of the board, except that a committee member is not subject to Chapter 572, Government Code.  The training program a committee member must complete under Section 152.010 shall be an abbreviated version of the program under that section that is limited to training relevant to serving on a committee.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 1.32, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 163 - District Review Committees › Section 163.004. Board Rules Regarding Committees

Sec. 163.004.  BOARD RULES REGARDING COMMITTEES.  The board may adopt rules reasonably necessary to implement this chapter relating to:
(1)  per diem and expenses of committee members;
(2)  matters to be heard or considered by a committee;
(3)  the conduct of committee hearings;
(4)  the authority the board may delegate to a committee;  and
(5)  other matters regarding the actions, duties, and responsibilities of a committee.
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 163 - District Review Committees › Section 163.0045. Assistance to Board

Sec. 163.0045.  ASSISTANCE TO BOARD.  The board may request members of a committee to participate in an informal meeting under Section 164.003.  A physician committee member who participates in an informal meeting on a complaint relating to medical competency must have the qualifications of a member of an expert panel under Section 154.056(e).
Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 1.33, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 163 - District Review Committees › Section 163.005. Committee Authority Limited

Sec. 163.005.  COMMITTEE AUTHORITY LIMITED.  A committee may not finally dispose of a complaint against a person licensed by the board or issue a final order or rule.  The board shall finally dispose of each complaint against a person licensed by the board and has the sole authority to issue final orders and rules.
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 164 - Disciplinary Actions and Procedures › Subchapter A. General Provisions › Section 164.0015. Remedial Plan

Sec. 164.0015.  REMEDIAL PLAN.  (a)  In addition to the authority under Sections 164.001 and 164.002, the board may issue and establish the terms of a remedial plan to resolve the investigation of a complaint relating to this subtitle.
(b)  A remedial plan may not contain a provision that:
(1)  revokes, suspends, limits, or restricts a person's license or other authorization to practice medicine; or
(2)  assesses an administrative penalty against a person.
(c)  A remedial plan may not be imposed to resolve a complaint:
(1)  concerning:
(A)  a patient death;
(B)  the commission of a felony; or
(C)  a matter in which the physician engaged in inappropriate sexual behavior or contact with a patient or became financially or personally involved with a patient in an inappropriate manner; or
(2)  in which the appropriate resolution may involve a restriction on the manner in which a license holder practices medicine.
(d)  The board may not issue a remedial plan to resolve a complaint against a license holder if the license holder has entered into a remedial plan with the board in the preceding five years.
(e)  The board may assess a fee against a license holder participating in a remedial plan in an amount necessary to recover the costs of administering this plan.
(f)  The board shall adopt rules necessary to implement this section.
Added by Acts 2011, 82nd Leg., R.S., Ch. 600 (S.B. 227), Sec. 1, eff. September 1, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1349 (H.B. 680), Sec. 4, eff. September 1, 2011.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1231 (H.B. 1504), Sec. 10, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 164 - Disciplinary Actions and Procedures › Subchapter A. General Provisions › Section 164.002. Board Disposition of Complaints, Contested Cases, and Other Matters

Sec. 164.002.  BOARD DISPOSITION OF COMPLAINTS, CONTESTED CASES, AND OTHER MATTERS.  (a)  Unless precluded by law, the board may dispose of any complaint or matter relating to this subtitle or of any contested case by a stipulation, agreed settlement, or consent order.
(b)  The board shall dispose of a complaint, contested case, or other matter in writing.  If appropriate, the affected physician shall sign the writing.
(c)  An agreed disposition is a disciplinary order for purposes of reporting under this subtitle and of administrative hearings and proceedings by state and federal regulatory agencies regarding the practice of medicine.  An agreed disposition or a remedial plan under Section 164.0015 is public information.
(d)  In civil litigation, an agreed disposition or a remedial plan under Section 164.0015 is a settlement agreement under Rule 408, Texas Rules of Evidence.  This subsection does not apply to a license holder who has previously entered into an agreed disposition with the board of a different disciplinary matter or whose license the board is seeking to revoke.
(e)  The board may not dismiss a complaint solely on the grounds that the case has not been scheduled for an informal meeting within the time required by Section 164.003(b).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 1.35, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 600 (S.B. 227), Sec. 2, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1349 (H.B. 680), Sec. 5, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 164 - Disciplinary Actions and Procedures › Subchapter A. General Provisions › Section 164.0025. Delegation of Certain Complaint Dispositions

Sec. 164.0025.  DELEGATION OF CERTAIN COMPLAINT DISPOSITIONS.  (a)  The board may delegate to a committee of board employees the authority to dismiss or enter into an agreed settlement of a complaint that does not relate directly to patient care or that involves only administrative violations.  The disposition determined by the committee must be approved by the board at a public meeting.
(b)  A complaint delegated under this section shall be referred for informal proceedings under Section 164.003 if:
(1)  the committee of employees determines that the complaint should not be dismissed or settled;
(2)  the committee is unable to reach an agreed settlement; or
(3)  the affected physician requests that the complaint be referred for informal proceedings.
Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 1.36, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 164 - Disciplinary Actions and Procedures › Subchapter A. General Provisions › Section 164.0031. Board Representation in Informal Proceedings

Sec. 164.0031.  BOARD REPRESENTATION IN INFORMAL PROCEEDINGS.  (a)  In an informal meeting under Section 164.003 or an informal hearing under Section 164.103, at least two panelists shall be appointed to determine whether an informal disposition is appropriate.  At least one of the panelists must be a physician.
(b)  Notwithstanding Subsection (a) and Section 164.003(b)(4), an informal proceeding may be conducted by one panelist if the affected physician waives the requirement that at least two panelists conduct the informal proceeding.  If the physician waives that requirement, the panelist may be either a physician or a member who represents the public.
(c)  The panel requirements described by Subsection (a) do not apply to an informal proceeding conducted by the board under Section 164.003 to show compliance with an order of the board.
Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 1.38, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 164 - Disciplinary Actions and Procedures › Subchapter A. General Provisions › Section 164.0035. Dismissal of Baseless Complaint

Sec. 164.0035.  DISMISSAL OF BASELESS COMPLAINT.  If, during the 180-day period prescribed by Section 164.003(b)(1), the board determines that the complaint is a baseless or unfounded complaint, the board shall dismiss the complaint and include a statement in the records of the complaint that the reason for the dismissal is because the complaint was baseless or unfounded.  The board shall adopt rules that establish criteria for determining that a complaint is baseless or unfounded.
Added by Acts 2003, 78th Leg., ch. 202, Sec. 28, eff. June 10, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 164 - Disciplinary Actions and Procedures › Subchapter A. General Provisions › Section 164.0036. Notice Regarding Certain Complaints

Sec. 164.0036.  NOTICE REGARDING CERTAIN COMPLAINTS.  (a)  If an informal meeting is not scheduled for a complaint before the 180th day after the date the board's official investigation of the complaint is commenced under Section 154.057(b), the board shall provide notice to all parties to the complaint.  The notice must include an explanation of the reason why the informal meeting has not been scheduled.  The notice under this subsection is not required if the notice would jeopardize an investigation.
(b)  The board must include in its annual report to the legislature information about any complaint for which notice is required under Subsection (a), including the reason for failing to schedule the informal meeting before the 180-day deadline.  The information provided under this subsection must also list any complaint in which the investigation has extended beyond the first anniversary of the date the complaint was filed with the board.
Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 1.39, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 164 - Disciplinary Actions and Procedures › Subchapter A. General Provisions › Section 164.004. Compliance With Due Process Requirements

Sec. 164.004.  COMPLIANCE WITH DUE PROCESS REQUIREMENTS.  (a)  Except in the case of a suspension under Section 164.059 or under the terms of an agreement between the board and a license holder, a revocation, suspension, involuntary modification, or other disciplinary action relating to a license is not effective unless, before board proceedings are instituted:
(1)  the board gives notice, in a manner consistent with the notice requirements under Section 154.053, to the affected license holder of the facts or conduct alleged to warrant the intended action;  and
(2)  the license holder is given an opportunity to show compliance with all requirements of law for the retention of the license, at the license holder's option, either in writing or through personal appearance at an informal meeting with one or more representatives of the board.
(b)  If the license holder chooses to personally appear and an informal meeting is held, the board's staff and the board's representatives are subject to the ex parte provisions of Chapter 2001, Government Code, with regard to contacts with board members and administrative law judges concerning the case.
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 164 - Disciplinary Actions and Procedures › Subchapter A. General Provisions › Section 164.005. Initiation of Charges; Formal Complaint

Sec. 164.005.  INITIATION OF CHARGES;  FORMAL COMPLAINT.  (a)  In this section, "formal complaint" means a written statement made by a credible person that is filed and presented by a board representative charging a person with having committed an act that, if proven, could affect the legal rights or privileges of a license holder or other person under the board's jurisdiction.
(b)  Unless otherwise specified, a proceeding under this subtitle or other applicable law and a charge against a license holder may be instituted by an authorized representative of the board.
(c)  A charge must:
(1)  be filed with the board's records custodian or assistant records custodian; and
(2)  detail the nature of the charge as required by this subtitle or other applicable law.
(d)  The board president or a designee shall ensure a copy of the charges is served on the respondent or the respondent's counsel of record.
(e)  The president or designee shall notify the State Office of Administrative Hearings of a formal complaint.
(f)  A formal complaint must allege with reasonable certainty each specific act relied on by the board to constitute a violation of a specific statute or rule.  The formal complaint must be specific enough to:
(1)  enable a person of common understanding to know what is meant by the formal complaint;  and
(2)  give the person who is the subject of the formal complaint notice of each particular act alleged to be a violation of a specific statute or rule.
(g)  The board shall adopt rules to promote discovery by each party to a contested case.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1231 (H.B. 1504), Sec. 12, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 164 - Disciplinary Actions and Procedures › Subchapter A. General Provisions › Section 164.006. Service of Notice

Sec. 164.006.  SERVICE OF NOTICE.  (a)  Notice to the respondent of a hearing about the charges against the person must be served:
(1)  in accordance with Chapter 2001, Government Code; and
(2)  by certified mail.
(b)  If notice described by Subsection (a) is impossible or cannot be effected, the board shall publish once a week for two successive weeks a notice of the hearing in a newspaper published in the county of the last known place of practice in this state of the person, if known.
(c)  If the license holder is not currently practicing in this state as evidenced by information in the board files, or if the last county of practice is unknown, the notice shall be published in a newspaper in Travis County.
(d)  If publication of notice is used, the date of hearing may not be earlier than the 10th day after the date of the last publication.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1231 (H.B. 1504), Sec. 13, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 164 - Disciplinary Actions and Procedures › Subchapter A. General Provisions › Section 164.0071. Hearings on Certain Complaints

Sec. 164.0071.  HEARINGS ON CERTAIN COMPLAINTS.  (a)  In a formal hearing described by Section 164.007 in which the sole basis for disciplinary action is the basis described by Section 164.051(a)(7), the board shall provide evidence from the board's investigation that shows the basis for the board's findings required by that subdivision.
(b)  In any formal hearing described by Section 164.007, information obtained as a result of peer review may not be used as evidence except as the basis for the opinion of an expert witness called by the board.  When admitted into evidence, this information shall be admitted under seal to protect the confidentiality of the documents.  In the event that a decision of the board or the State Office of Administrative Hearings is appealed to a district court or other court, the confidentiality protections relating to the medical peer review committee documents shall continue.
(c)  A member of a peer review committee is not subject to subpoena and may not be compelled to provide evidence in a formal hearing.
Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 1.41, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 164 - Disciplinary Actions and Procedures › Subchapter A. General Provisions › Section 164.0072. Board Appeal of Findings of Fact and Conclusions of Law

Sec. 164.0072.  BOARD APPEAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW.  (a)  The board may, before disposing of a contested case by issuing a final order, obtain judicial review of any finding of fact or conclusion of law issued by the administrative law judge by filing suit in a Travis County district court not later than the 30th day after the date the findings of fact and conclusions of law are issued.
(b)  The board shall join in a suit filed under this section the respondent in the contested case for which the board seeks to obtain judicial review.
(c)  The scope of judicial review under this section is the same as the scope of judicial review provided for an appeal under Section 164.009.
(d)  After the court issues a final order in a suit filed under this section, the board shall dispose of the contested case by issuing a final order based on the court's final order.  The respondent may not appeal a sanction ordered by the board unless the sanction exceeds the board's published sanctions guidelines.
Added by Acts 2019, 86th Leg., R.S., Ch. 1231 (H.B. 1504), Sec. 15, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 164 - Disciplinary Actions and Procedures › Subchapter A. General Provisions › Section 164.008. Right to Counsel

Sec. 164.008.  RIGHT TO COUNSEL.  In a hearing involving a disciplinary action under this subtitle, the respondent is entitled to appear personally, by counsel, or both.
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 164 - Disciplinary Actions and Procedures › Subchapter A. General Provisions › Section 164.009. Judicial Review

Sec. 164.009.  JUDICIAL REVIEW.  A person whose license to practice medicine has been revoked or who is subject to other disciplinary action by the board may appeal to a Travis County district court not later than the 30th day after the date the board decision is final.
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 164 - Disciplinary Actions and Procedures › Subchapter A. General Provisions › Section 164.010. Monitoring of License Holder

Sec. 164.010.  MONITORING OF LICENSE HOLDER.  (a)  The board by rule shall develop a system to monitor compliance with the requirements of this subtitle of license holders who are the subject of disciplinary action.
(b)  Rules adopted under this section must include procedures to:
(1)  monitor for compliance a license holder ordered by the board to perform certain acts;  and
(2)  identify and monitor license holders who are the subject of disciplinary action and who present a continuing threat to the public welfare through the practice of medicine.
(c)  The board shall immediately investigate:
(1)  a violation of a disciplinary order by a license holder described by Subsection (a);  or
(2)  a complaint filed against a license holder described by Subsection (a).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 202, Sec. 29, eff. June 10, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 164 - Disciplinary Actions and Procedures › Subchapter A. General Provisions › Section 164.011. License Status Pending Appeal

Sec. 164.011.  LICENSE STATUS PENDING APPEAL.  (a)  The board's decision on a disciplinary matter may not be enjoined or stayed except on application to the appropriate court after notice to the board.
(b)  A person may not practice medicine or deliver health care services in violation of a disciplinary order or action of the board while an appeal is pending unless the order or action is stayed by the appropriate court.
(c)  A stay or injunction may not be granted if the license holder's continued practice presents a danger to the public.  A stay or injunction may not be granted for a term that exceeds 120 days.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 202, Sec. 30, eff. June 10, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 164 - Disciplinary Actions and Procedures › Subchapter B. License Denial and Disciplinary Actions › Section 164.053. Unprofessional or Dishonorable Conduct

Sec. 164.053.  UNPROFESSIONAL OR DISHONORABLE CONDUCT.  (a)  For purposes of Section 164.052(a)(5), unprofessional or dishonorable conduct likely to deceive or defraud the public includes conduct in which a physician:
(1)  commits an act that violates any state or federal law if the act is connected with the physician's practice of medicine;
(2)  fails to keep complete and accurate records of purchases and disposals of:
(A)  drugs listed in Chapter 481, Health and Safety Code;  or
(B)  controlled substances scheduled in the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. Section 801 et seq.);
(3)  writes prescriptions for or dispenses to a person who:
(A)  is known to be an abuser of narcotic drugs, controlled substances, or dangerous drugs;  or
(B)  the physician should have known was an abuser of narcotic drugs, controlled substances, or dangerous drugs;
(4)  writes false or fictitious prescriptions for:
(A)  dangerous drugs as defined by Chapter 483, Health and Safety Code;  or
(B)  controlled substances scheduled in Chapter 481, Health and Safety Code, or the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. Section 801 et seq.);
(5)  prescribes or administers a drug or treatment that is nontherapeutic in nature or nontherapeutic in the manner the drug or treatment is administered or prescribed;
(6)  prescribes, administers, or dispenses in a manner inconsistent with public health and welfare:
(A)  dangerous drugs as defined by Chapter 483, Health and Safety Code;  or
(B)  controlled substances scheduled in Chapter 481, Health and Safety Code, or the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. Section 801 et seq.);
(7)  violates Section 311.0025, Health and Safety Code;
(8)  fails to supervise adequately the activities of those acting under the supervision of the physician;  or
(9)  delegates professional medical responsibility or acts to a person if the delegating physician knows or has reason to know that the person is not qualified by training, experience, or licensure to perform the responsibility or acts.
(b)  A complaint, indictment, or conviction of a violation of law is not necessary for the enforcement of Subsection (a)(1).  Proof of the commission of the act while in the practice of medicine or under the guise of the practice of medicine is sufficient for the board's action.
(c)  Subsection (a)(3) does not apply to a person the physician is treating for:
(1)  the person's use of narcotics after the physician notifies the board in writing of the name and address of the person being treated;  or
(2)  intractable pain under the Intractable Pain Treatment Act (Article 4495c, Revised Statutes).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.034(a), eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 202, Sec. 32, eff. June 10, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 164 - Disciplinary Actions and Procedures › Subchapter B. License Denial and Disciplinary Actions › Section 164.054. Additional Requirements Regarding Drug Records

Sec. 164.054.  ADDITIONAL REQUIREMENTS REGARDING DRUG RECORDS.  (a)  Each physician shall keep a record of the physician's purchase and disposal of drugs and controlled substances described by Section 164.053(a)(2) that includes:
(1)  the date of purchase and the date of the sale or disposal of the drugs and controlled substances by the physician;
(2)  the name and address of the person receiving the drugs or controlled substances;  and
(3)  the reason for the disposing or dispensing of the drugs or controlled substances to the person.
(b)  Failure to keep the records required by this section for a reasonable time constitutes grounds for revoking, canceling, suspending, or placing on probation the physician's license.
(c)  The board or its representative may enter and inspect a physician's place of practice during reasonable business hours to:
(1)  verify the accuracy of the records;  and
(2)  perform an inventory of the prescription drugs on hand.
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 164 - Disciplinary Actions and Procedures › Subchapter B. License Denial and Disciplinary Actions › Section 164.055. Prohibited Acts Regarding Abortion

Sec. 164.055.  PROHIBITED ACTS REGARDING ABORTION.  (a)  The board shall take an appropriate disciplinary action against a physician who violates Section 170.002 or Chapter 171, Health and Safety Code.  The board shall refuse to admit to examination or refuse to issue a license or renewal license to a person who violates that section or chapter.
(b)  The sanctions provided by Subsection (a) are in addition to any other grounds for refusal to admit persons to examination under this subtitle or to issue a license or renew a license to practice medicine under this subtitle.  The criminal penalties provided by Section 165.152 do not apply to a violation of Section 170.002, Health and Safety Code, or Subchapter C, F, or G, Chapter 171, Health and Safety Code.
(c)  Notwithstanding Subsection (a), the board may not take disciplinary action against a physician who exercised reasonable medical judgment in providing medical treatment to a pregnant woman as described by Section 74.552, Civil Practice and Remedies Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 73 (H.B. 15), Sec. 10, eff. September 1, 2011.
Acts 2013, 83rd Leg., 2nd C.S., Ch. 1, Sec. 7, eff. October 29, 2013.
Acts 2017, 85th Leg., R.S., Ch. 441 (S.B. 8), Sec. 15, eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 913 (H.B. 3058), Sec. 2, eff. September 1, 2023.