reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 160 - Report and Confidentiality Requirements › Subchapter A. Requirements Relating to Medical Peer Review › Section 160.002. Report of Medical Peer Review

Sec. 160.002.  REPORT OF MEDICAL PEER REVIEW.  (a)  A medical peer review committee or health care entity shall report in writing to the board the results and circumstances of a medical peer review that:
(1)  adversely affects the clinical privileges of a physician for a period longer than 14 days;
(2)  accepts a physician's surrender of clinical privileges either:
(A)  while the physician is under an investigation by the medical peer review committee relating to possible incompetence or improper professional conduct; or
(B)  in return for not conducting an investigation or proceeding relating to possible incompetence or improper professional conduct; or
(3)  adversely affects the membership of a physician in a professional society or association, if the medical peer review is conducted by that society or association.
(b)  The duty to report under this section may not be nullified through contract.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 827 (H.B. 1998), Sec. 9, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 160 - Report and Confidentiality Requirements › Subchapter A. Requirements Relating to Medical Peer Review › Section 160.003. Report by Certain Practitioners

Sec. 160.003.  REPORT BY CERTAIN PRACTITIONERS.  (a)  This section applies to:
(1)  a medical peer review committee in this state;
(2)  a physician licensed in this state or otherwise lawfully practicing medicine in this state;
(3)  a physician engaged in graduate medical education or training;
(4)  a medical student;
(5)  a physician assistant or acupuncturist licensed in this state or otherwise lawfully practicing in this state;  and
(6)  a physician assistant student or acupuncturist student.
(b)  A person or committee subject to this section shall report relevant information to the board relating to the acts of a physician in this state if, in the opinion of the person or committee, that physician poses a continuing threat to the public welfare through the practice of medicine.
(c)  The duty to report under this section may not be nullified through contract.
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 160 - Report and Confidentiality Requirements › Subchapter A. Requirements Relating to Medical Peer Review › Section 160.004. Report Regarding Certain Impaired Physicians

Sec. 160.004.  REPORT REGARDING CERTAIN IMPAIRED PHYSICIANS.  (a)  This section applies to:
(1)  a committee of a professional medical society or association operating under written bylaws approved by the policymaking body or governing board of the society or association and composed primarily of physicians;
(2)  the staff of that committee;  or
(3)  a district or local intervenor participating in a program established to aid physicians whose ability to practice medicine is impaired, or reasonably believed to be impaired, by drug or alcohol abuse or mental or physical illness.
(b)  A person or committee subject to this section:
(1)  may report to the board or to a health care entity in which an affected physician has clinical privileges the name of the impaired physician together with pertinent information relating to that impairment;  and
(2)  shall report to the board and any known health care entity in which the physician has clinical privileges if the person or committee determines that, through the practice of medicine, the physician poses a continuing threat to the public welfare.
(c)  Except as otherwise provided by this subtitle, each proceeding and record of a person described by Subsection (a) is confidential, and any communication made to the person or committee is privileged from disclosure in the manner provided under this subchapter for information submitted by a medical peer review committee.  This confidentiality and privilege from disclosure applies to all information developed under this section, including information developed before September 1, 1991.
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 160 - Report and Confidentiality Requirements › Subchapter A. Requirements Relating to Medical Peer Review › Section 160.005. Report Confidential; Communication Not Privileged

Sec. 160.005.  REPORT CONFIDENTIAL;  COMMUNICATION NOT PRIVILEGED.  (a)  A report made under this subchapter is confidential and is not subject to disclosure under Chapter 552, Government Code.
(b)  In a proceeding brought under this chapter or Chapter 158, 159, or 162, evidence may not be excluded on the ground that it consists of a privileged communication unless it is a communication between attorney and client.
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 160 - Report and Confidentiality Requirements › Subchapter A. Requirements Relating to Medical Peer Review › Section 160.008. Use of Certain Confidential Information

Sec. 160.008.  USE OF CERTAIN CONFIDENTIAL INFORMATION.  (a)  This section applies to a person participating in peer review, a medical peer review committee, or a health care entity named as a defendant in a civil action filed as a result of participation in peer review.
(b)  A defendant subject to this section may use otherwise confidential information obtained for legitimate internal business and professional purposes, including use in the defendant's own defense.  Use of confidential information under this subsection does not constitute a waiver of the confidential and privileged nature of medical peer review committee proceedings.
(c)  A defendant subject to this section may file a counterclaim in a pending action or may prove a cause of action in a subsequent action to recover defense costs, including court costs, attorney's fees, and damages incurred as a result of the civil action, if the plaintiff's original action is determined to be frivolous or brought in bad faith.
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 160 - Report and Confidentiality Requirements › Subchapter A. Requirements Relating to Medical Peer Review › Section 160.009. Compliance With Subpoena

Sec. 160.009.  COMPLIANCE WITH SUBPOENA.  (a)  The governing body and medical staff of each health care entity and any other person shall comply with a subpoena for documents or information issued by the board under Section 153.007 or 204.308.  The disclosure of documents or information under such a subpoena does not constitute a waiver of the privilege associated with medical peer review committee proceedings.
(b)  Failure to comply with a subpoena under Subsection (a) constitutes grounds for disciplinary action against the person or entity by the appropriate licensing board.
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 160 - Report and Confidentiality Requirements › Subchapter A. Requirements Relating to Medical Peer Review › Section 160.010. Immunity From Civil Liability

Sec. 160.010.  IMMUNITY FROM CIVIL LIABILITY.  (a)  The following are immune from civil liability:
(1)  a person who, in good faith, reports or furnishes information to a medical peer review committee or the board;
(2)  a member, employee, or agent of the board, a medical peer review committee, or a medical organization committee, or a medical organization district or local intervenor, who takes an action or makes a recommendation within the scope of the functions of the board, committee, or intervenor program, if that member, employee, agent, or intervenor acts without malice and in the reasonable belief that the action or recommendation is warranted by the facts known to that person;  and
(3)  a member or employee of the board or any person who assists the board in carrying out its duties or functions provided by law.
(b)  A cause of action does not accrue against a member, agent, or employee of a medical peer review committee or against a health care entity from any act, statement, determination or recommendation made, or act reported, without malice, in the course of medical peer review.
(c)  A person, medical peer review committee, or health care entity that, without malice, participates in medical peer review or furnishes records, information, or assistance to a medical peer review committee or the board is immune from any civil liability arising from that act.
(d)  A person or health care entity required to report to the board may not be found liable in a civil action for failure to report to the board unless the failure was committed knowingly or wilfully, except that the appropriate state licensing body may take action against a licensed person or entity for not reporting as required under this subtitle.
(e)  A member of an expert panel under Section 154.056(e) and a person serving as a consultant to the board are immune from suit and judgment and may not be subjected to a suit for damages for any investigation, report, recommendation, statement, evaluation, finding, or other action taken without fraud or malice in the course of performing the person's duties in evaluating a medical competency case.  The attorney general shall represent a member of an expert panel or consultant in any suit resulting from a duty provided by the person in good faith to the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 1.30, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 160 - Report and Confidentiality Requirements › Subchapter A. Requirements Relating to Medical Peer Review › Section 160.011. Not State Action

Sec. 160.011.  NOT STATE ACTION.  The reporting or assistance provided for in this subchapter does not constitute state action on the reporting or assisting medical peer review committee or its parent organization.
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 160 - Report and Confidentiality Requirements › Subchapter A. Requirements Relating to Medical Peer Review › Section 160.012. Discipline or Discrimination Prohibited

Sec. 160.012.  DISCIPLINE OR DISCRIMINATION PROHIBITED.  (a)  A person may not suspend, terminate, or otherwise discipline or discriminate against a person who reports to the board under this subtitle.
(b)  A person has a cause of action against a health care entity, or an owner or employee of a health care entity, that suspends or terminates the employment of the person or otherwise disciplines or discriminates against the person for reporting to the board under Section 160.002, 160.003, or 160.004.  The person may recover:
(1)  the greater of:
(A)  actual damages, including damages for mental anguish regardless of whether other injury is shown;  or
(B)  $1,000;
(2)  exemplary damages;
(3)  court costs;  and
(4)  reasonable attorney's fees.
(c)  In addition to amounts recovered under Subsection (b), a person whose employment is suspended or terminated in violation of this section is entitled to:
(1)  either:
(A)  reinstatement in the person's former position;  or
(B)  severance pay in an amount equal to three months of the person's most current salary;  and
(2)  compensation for wages lost during the period of suspension or termination.
(d)  A person who brings an action under this section has the burden of proof.  It is a rebuttable presumption that the person's employment was suspended or terminated for reporting an act that imperils the welfare of a patient if:
(1)  the person is suspended or terminated not later than the 90th day after the date of making a report in good faith;  and
(2)  the board or a court determines that the reported case made the subject of the cause of action was a case in which the person was required to report under Section 160.002, 160.003, or 160.004.
(e)  An action under this section may be brought in the district court of the county in which:
(1)  the plaintiff resides;
(2)  the plaintiff was employed by the defendant;  or
(3)  the defendant conducts business.
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 160 - Report and Confidentiality Requirements › Subchapter A. Requirements Relating to Medical Peer Review › Section 160.013. Expungement of Report Made in Bad Faith

Sec. 160.013.  EXPUNGEMENT OF REPORT MADE IN BAD FAITH.  If a court makes a final determination that a report or complaint made to the board was made in bad faith, the complaint shall be expunged from the physician's or applicant's individual historical record.
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 160 - Report and Confidentiality Requirements › Subchapter A. Requirements Relating to Medical Peer Review › Section 160.014. Action by Health Care Entity Not Precluded

Sec. 160.014.  ACTION BY HEALTH CARE ENTITY NOT PRECLUDED.  The filing of a report with the board under this subchapter, or an investigation or disposition by the board, does not in itself preclude any action by a health care entity to suspend, restrict, or revoke the privileges or membership of the physician.
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 160 - Report and Confidentiality Requirements › Subchapter A. Requirements Relating to Medical Peer Review › Section 160.015. Immunity of Hospital District or Hospital Authority

Sec. 160.015.  IMMUNITY OF HOSPITAL DISTRICT OR HOSPITAL AUTHORITY.  This subchapter does not impose liability or waive immunity for a hospital district or hospital authority that has common law, statutory, or other immunity.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.031(a), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 160 - Report and Confidentiality Requirements › Subchapter B. Requirements Relating to Insurers › Section 160.051. Definitions

Sec. 160.051.  DEFINITIONS.  In this subchapter:
(1)  "Commissioner" means the commissioner of insurance.
(2)  "Insurer" means an insurer or other entity that provides medical professional liability insurance covering a physician in this state.
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 160 - Report and Confidentiality Requirements › Subchapter B. Requirements Relating to Insurers › Section 160.052. Report From Insurer or Physician

Sec. 160.052.  REPORT FROM INSURER OR PHYSICIAN.  (a)  Each insurer shall submit to the board the report or other information described by Section 160.053 at the time prescribed.  The insurer shall provide the report or information with respect to:
(1)  a complaint filed against an insured in a court, if the complaint seeks damages relating to the insured's conduct in providing or failing to provide a medical or health care service;  and
(2)  settlement of a claim without the filing of a lawsuit or settlement of a lawsuit made on behalf of the insured involving damages relating to the insured's conduct in providing or failing to provide a medical or health care service.
(b)  A physician practicing medicine in this state shall report the information required under Section 160.053 if the physician:
(1)  does not carry or is not covered by medical professional liability insurance;  or
(2)  is insured by a nonadmitted carrier or other entity providing medical liability insurance that is not reporting under this subchapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 202, Sec. 23, eff. June 10, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 160 - Report and Confidentiality Requirements › Subchapter B. Requirements Relating to Insurers › Section 160.053. Contents of Report; Additional Information

Sec. 160.053.  CONTENTS OF REPORT;  ADDITIONAL INFORMATION.  (a)  Not later than the 30th day after the date an insurer receives from an insured a complaint filed in a lawsuit, a settlement of a claim without the filing of a lawsuit, or a settlement of a lawsuit against the insured, the insurer shall furnish to the board:
(1)  the name of the insured and the insured's Texas medical license number;
(2)  the policy number;
(3)  a copy of the complaint or settlement; and
(4)  a copy of any expert report filed under Section 74.351, Civil Practice and Remedies Code.
(b)  The board, in consultation with the commissioner, shall adopt rules for reporting additional information as the board requires.  In adopting the rules, the board shall consider other claim reports required under state and federal statutes in determining the information to be reported, form of the report, and frequency of reporting.  The rules adopted by the board under this subsection must require that the following additional information be reported:
(1)  the date of a judgment, dismissal, or settlement;
(2)  whether an appeal has been taken and by which party;  and
(3)  the amount of the settlement or judgment against the insured.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 202, Sec. 24, eff. June 10, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 140 (H.B. 743), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 160 - Report and Confidentiality Requirements › Subchapter B. Requirements Relating to Insurers › Section 160.054. Report Not Evidence

Sec. 160.054.  REPORT NOT EVIDENCE.  In the trial of an action against a physician based on the physician's conduct in providing or failing to provide a medical or health care service, a report or other information submitted to the board under this subchapter and the fact that the report or information has been submitted to the board may not be offered in evidence or used in any manner.
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 160 - Report and Confidentiality Requirements › Subchapter B. Requirements Relating to Insurers › Section 160.055. Sanctions for Failure to Report

Sec. 160.055.  SANCTIONS FOR FAILURE TO REPORT.  The commissioner may impose sanctions authorized by Chapter 82, Insurance Code, on an insurer who fails to report information as required by this subchapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 10A.543, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 160 - Report and Confidentiality Requirements › Subchapter B. Requirements Relating to Insurers › Section 160.056. Civil Liability

Sec. 160.056.  CIVIL LIABILITY.  A person or entity is not liable for any action taken by the person or entity under this subchapter, and a cause of action does not arise against that person or entity, if the person or entity is:
(1)  an insurer reporting under this subchapter;
(2)  an agent or employee of that insurer;  or
(3)  a member, employee, or representative of the board.
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 160 - Report and Confidentiality Requirements › Subchapter C. Requirements Relating to Certain Convictions or Adjudications › Section 160.101. Report by Court to Department of Public Safety

Sec. 160.101.  REPORT BY COURT TO DEPARTMENT OF PUBLIC SAFETY.  (a)  This section applies to a person known to be a physician who is licensed or otherwise lawfully practicing in this state or applying to be licensed and who is convicted of or placed on deferred adjudication for:
(1)  a felony;
(2)  a Class A or Class B misdemeanor;
(3)  a Class C misdemeanor involving moral turpitude;
(4)  a violation of a state or federal narcotics or controlled substances law;  or
(5)  an offense involving fraud or abuse under the Medicare or Medicaid program.
(b)  Not later than the 30th day after the date a person described by Subsection (a) is convicted of an offense listed in that subsection or is placed on deferred adjudication for an offense listed in that subsection, the clerk of the court in which the person is convicted or placed on deferred adjudication shall prepare and forward to the Department of Public Safety the information required by Chapter 66, Code of Criminal Procedure.
(c)  The duty of a clerk to prepare and forward information under Subsection (b) is not affected by:
(1)  any subsequent appeal of the conviction for the offense reported;  or
(2)  any subsequent dismissal of proceedings related to the placement on deferred adjudication for the offense reported.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.032(a), eff. Sept. 1, 2001.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 4.16, eff. January 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 160 - Report and Confidentiality Requirements › Subchapter C. Requirements Relating to Certain Convictions or Adjudications › Section 160.102. Report by Court to Board

Sec. 160.102.  REPORT BY COURT TO BOARD.  Not later than the 30th day after the date a court finds that a physician is mentally ill or mentally incompetent, the clerk of the court of record in which the finding is entered shall prepare and forward to the board a certified abstract of record, regardless of whether the adjudication or finding is subsequently withheld or appealed.
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 162 - Regulation of Practice of Medicine › Subchapter A. Regulation by Board of Certain Nonprofit Health Corporations › Section 162.002. Limitation on Physician Fees

Sec. 162.002.  LIMITATION ON PHYSICIAN FEES.  A physician who provides professional medical services for a health organization certified under Section 162.001(c) shall provide those services free of charge, or at a reduced fee commensurate with the patient's ability to pay, in compliance with 42 U.S.C. Section 254b or 254c.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.033(a), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 162 - Regulation of Practice of Medicine › Subchapter A. Regulation by Board of Certain Nonprofit Health Corporations › Section 162.0021. Interference With Physician's Professional Judgment Prohibited

Sec. 162.0021.  INTERFERENCE WITH PHYSICIAN'S PROFESSIONAL JUDGMENT PROHIBITED.  A health organization certified under Section 162.001(b) may not interfere with, control, or otherwise direct a physician's professional judgment in violation of this subchapter or any other provision of law, including board rules.
Added by Acts 2011, 82nd Leg., R.S., Ch. 670 (S.B. 1661), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 162 - Regulation of Practice of Medicine › Subchapter A. Regulation by Board of Certain Nonprofit Health Corporations › Section 162.0022. Health Organization Policies

Sec. 162.0022.  HEALTH ORGANIZATION POLICIES.  (a)  A health organization certified under Section 162.001(b) shall adopt, maintain, and enforce policies to ensure that a physician employed by the health organization exercises independent medical judgment when providing care to patients.
(b)  The policies adopted under this section must include policies relating to:
(1)  credentialing;
(2)  quality assurance;
(3)  utilization review; and
(4)  peer review.
(c)  The policies adopted under this section, including any amendments to the policies, must be developed by the board of directors or board of trustees, as applicable, of the health organization and approved by an affirmative vote.
(d)  The policies of the health organization must be drafted and interpreted in a manner that reserves the sole authority to engage in the practice of medicine to a physician participating in the health organization, regardless of the physician's employment status with the health organization.
Added by Acts 2011, 82nd Leg., R.S., Ch. 670 (S.B. 1661), Sec. 1, eff. January 1, 2012.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 162 - Regulation of Practice of Medicine › Subchapter A. Regulation by Board of Certain Nonprofit Health Corporations › Section 162.0023. Disciplinary Action Restriction

Sec. 162.0023.  DISCIPLINARY ACTION RESTRICTION.  A physician employed by a health organization certified under Section 162.001(b) retains independent medical judgment in providing care to patients, and the health organization may not discipline the physician for reasonably advocating for patient care.
Added by Acts 2011, 82nd Leg., R.S., Ch. 670 (S.B. 1661), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 162 - Regulation of Practice of Medicine › Subchapter A. Regulation by Board of Certain Nonprofit Health Corporations › Section 162.0024. Contractual Waiver Prohibited

Sec. 162.0024.  CONTRACTUAL WAIVER PROHIBITED.  (a)  The requirements of this subchapter may not be voided or waived by contract.
(b)  Notwithstanding Subsection (a), a member of a health organization certified under Section 162.001(b) may establish ethical and religious directives and a physician may contractually agree to comply with those directives.
Added by Acts 2011, 82nd Leg., R.S., Ch. 670 (S.B. 1661), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 162 - Regulation of Practice of Medicine › Subchapter A. Regulation by Board of Certain Nonprofit Health Corporations › Section 162.003. Refusal to Certify; Revocation; Penalty

Sec. 162.003.  REFUSAL TO CERTIFY; REVOCATION; PENALTY.  On a determination that a health organization commits a violation of this subtitle or is established, organized, or operated in violation of or with the intent to violate this subtitle, the board may:
(1)  refuse to certify the health organization on application for certification by the organization under Section 162.001;
(2)  revoke a certification made under Section 162.001 to that organization; or
(3)  impose an administrative penalty against the health organization under Subchapter A, Chapter 165.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.033(a), eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 670 (S.B. 1661), Sec. 2, eff. September 1, 2011.
Acts 2019, 86th Leg., R.S., Ch. 771 (H.B. 1532), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 162 - Regulation of Practice of Medicine › Subchapter A. Regulation by Board of Certain Nonprofit Health Corporations › Section 162.004. Procedures for and Disposition of Complaints Against Certain Health Organizations

Sec. 162.004.  PROCEDURES FOR AND DISPOSITION OF COMPLAINTS AGAINST CERTAIN HEALTH ORGANIZATIONS.  (a)  The board shall accept and process complaints against a health organization certified under Section 162.001(b) for alleged violations of this subchapter or any other provision of this subtitle applicable to a health organization in the same manner as provided under Subchapter B, Chapter 154, and the rules adopted under that subchapter, including the requirements to:
(1)  maintain a system to promptly and efficiently act on complaints filed with the board;
(2)  with respect to a health organization that is the subject of a complaint, notify the health organization that a complaint has been filed, disclose the nature of the complaint, and provide the health organization with an opportunity to respond to the complaint;
(3)  ensure that a complaint is not dismissed without appropriate consideration; and
(4)  establish methods by which physicians employed by a health organization are notified of the name, mailing address, and telephone number of the board for the purpose of directing complaints under this section to the board.
(b)  Each complaint, adverse report, investigation file, other investigation report, and other investigative information in the possession of or received or gathered by the board or the board's employees or agents relating to a health organization certified under Section 162.001(b) is privileged and confidential and is not subject to discovery, subpoena, or other means of legal compulsion for release to anyone other than the board or the board's employees or agents involved in the investigation or discipline of a health organization certified under Section 162.001(b).
(c)  The board may dispose of a complaint or resolve the investigation of a complaint under this section in a manner provided under Subchapter A, Chapter 164, to the extent the board determines the provisions of that subchapter can be made applicable to a health organization certified under Section 162.001.
(d)  This section does not require an individual to file or prohibit an individual from filing a complaint against a health organization certified under Section 162.001(b) directly with the health organization, alone or in connection with a complaint filed with the board under this section, relating to:
(1)  the care or services provided by, or the policies of, the health organization; or
(2)  an alleged violation by the health organization of this subchapter or any other provision of this subtitle applicable to the health organization.
Added by Acts 2019, 86th Leg., R.S., Ch. 771 (H.B. 1532), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 162 - Regulation of Practice of Medicine › Subchapter A. Regulation by Board of Certain Nonprofit Health Corporations › Section 162.005. Anti-Retaliation Policy

Sec. 162.005.  ANTI-RETALIATION POLICY.  (a)  A health organization certified under Section 162.001(b) shall develop, implement, and comply with an anti-retaliation policy for physicians under which the health organization may not terminate, demote, retaliate against, discipline, discriminate against, or otherwise penalize a physician for:
(1)  filing in good faith a complaint under Section 162.004;
(2)  cooperating in good faith with an investigation or proceeding of the board relating to a complaint filed under Section 162.004; or
(3)  communicating to a patient in good faith what the physician reasonably believes to be the physician's best, independent medical judgment.
(b)  On a determination that a health organization certified under Section 162.001(b) has failed to develop, implement, or comply with a policy described by Subsection (a), the board may take any action allowed under this subtitle or board rule applicable to a health organization.
Added by Acts 2019, 86th Leg., R.S., Ch. 771 (H.B. 1532), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 162 - Regulation of Practice of Medicine › Subchapter B. Authority to Form Certain Entities › Section 162.051. Authority to Form Certain Jointly Owned Entities

Sec. 162.051.  AUTHORITY TO FORM CERTAIN JOINTLY OWNED ENTITIES.  (a)  Except as provided by Section 165.155, a physician and an optometrist or therapeutic optometrist may, for a purpose described by Subsection (b), organize, jointly own, and manage any legal entity, including:
(1)  a partnership under the Texas Revised Partnership Act (Article 6132b-1.01 et seq., Vernon's Texas Civil Statutes);
(2)  a limited partnership under the Texas Revised Limited Partnership Act (Article 6132a-1, Vernon's Texas Civil Statutes);  and
(3)  a limited liability company under the Texas Limited Liability Company Act (Article 1528n, Vernon's Texas Civil Statutes).
(b)  An entity authorized under Subsection (a) may:
(1)  own real property, other physical facilities, or equipment for the delivery of health care services or management;
(2)  lease, rent, or otherwise acquire the use of real property, other physical facilities, or equipment for the delivery of health care services or management;  or
(3)  employ or otherwise use a person who is not a physician, optometrist, or therapeutic optometrist for the delivery of health care services or management.
(c)  Only a physician, optometrist, or therapeutic optometrist may own an interest in an entity authorized under Subsection (a).  This subsection does not prohibit an entity from making one or more payments to an owner's estate following the owner's death under an agreement with the owner or as otherwise authorized or required by law.
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 B. Authority to Form Certain Entities › Section 162.052. Notice of Certain Ownership Interests

Sec. 162.052.  NOTICE OF CERTAIN OWNERSHIP INTERESTS.  (a)  In this section, "niche hospital" has the meaning assigned by Section 105.002.
(b)  A physician shall notify the Department of State Health Services of any ownership interest held by the physician in a niche hospital.
(c)  Subsection (b) does not apply to an ownership interest in publicly available shares of a registered investment company, such as a mutual fund, that owns publicly traded equity securities or debt obligations issued by a niche hospital or an entity that owns the niche hospital.
(d)  The board, in consultation with the Department of State Health Services, shall adopt rules governing the form and content of the notice required by Subsection (b).
Added by Acts 2005, 79th Leg., Ch. 836 (S.B. 872), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 162 - Regulation of Practice of Medicine › Subchapter B. Authority to Form Certain Entities › Section 162.053. Jointly Owned Entities With Physician Assistants

Sec. 162.053.  JOINTLY OWNED ENTITIES WITH PHYSICIAN ASSISTANTS.  (a)  A physician who jointly owns an entity with a physician assistant shall report annually to the board the ownership interest and other information required by board rule.
(b)  The board shall assess a fee for processing each report required by Subsection (a).
(c)  A report filed under Subsection (a) is public information for purposes of Chapter 552, Government Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 782 (H.B. 2098), Sec. 4, eff. June 17, 2011.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 162 - Regulation of Practice of Medicine › Subchapter C. Anesthesia in Outpatient Setting › Section 162.101. Definition

Sec. 162.101.  DEFINITION.  In this subchapter, "outpatient setting" means a facility, clinic, center, office, or other setting that is not part of a licensed hospital or a licensed ambulatory surgical center.
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 C. Anesthesia in Outpatient Setting › Section 162.102. Rules

Sec. 162.102.  RULES.  (a)  The board by rule shall establish the minimum standards for anesthesia services provided in an outpatient setting by a person licensed by the board.
(b)  The rules adopted under this section must be designed to protect the health, safety, and welfare of the public and include requirements relating to:
(1)  general anesthesia, regional anesthesia, and monitored anesthesia care;
(2)  patient evaluation, diagnosis, counseling, and preparation;
(3)  patient monitoring to be performed and equipment to be used during a procedure and during post-procedure monitoring;
(4)  emergency procedures, drugs, and equipment, including education, training, and certification of personnel, as appropriate, and including protocols for transfers to a hospital;
(5)  the documentation necessary to demonstrate compliance with this subchapter;  and
(6)  the period in which protocols or procedures covered by rules of the board shall be reviewed, updated, or amended.
(c)  The board shall cooperate with the Texas Board of Nursing in the adoption of rules under this subchapter to eliminate, to the extent possible, conflicts between the rules adopted by each board.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.033(a), eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 889 (H.B. 2426), Sec. 34, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 162 - Regulation of Practice of Medicine › Subchapter C. Anesthesia in Outpatient Setting › Section 162.103. Applicability

Sec. 162.103.  APPLICABILITY.  Rules adopted by the board under this subchapter do not apply to:
(1)  an outpatient setting in which only local anesthesia, peripheral nerve blocks, or both are used in a total dosage amount that does not exceed 50 percent of the recommended maximum safe dosage per outpatient visit;
(2)  a licensed hospital, including an outpatient facility of the hospital that is located separate from the hospital;
(3)  a licensed ambulatory surgical center;
(4)  a clinic located on land recognized as tribal land by the federal government and maintained or operated by a federally recognized Indian tribe or tribal organization as listed by the United States secretary of the interior under 25 U.S.C. Section 479a-1 or as listed under a successor federal statute or regulation;
(5)  a facility maintained or operated by a state or local governmental entity;
(6)  a clinic directly maintained or operated by the United States; or
(7)  an outpatient setting accredited by:
(A)  The Joint Commission relating to ambulatory surgical centers;
(B)  the American Association for Accreditation of Ambulatory Surgery Facilities; or
(C)  the Accreditation Association for Ambulatory Health Care.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.033(a), eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 1.31, eff. September 1, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 596 (S.B. 978), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 162 - Regulation of Practice of Medicine › Subchapter C. Anesthesia in Outpatient Setting › Section 162.104. Registration Required

Sec. 162.104.  REGISTRATION REQUIRED.  (a)  The board shall require each physician who administers anesthesia or performs a surgical procedure for which anesthesia services are provided in an outpatient setting to register with the board on a form prescribed by the board and to pay a fee to the board in an amount established by the board.
(b)  The board shall coordinate the registration required under this section with the registration required under Chapter 156 so that the times of registration, payment, notice, and imposition of penalties for late payment are similar and provide a minimum of administrative burden to the board and to physicians.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.033(a), eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 202, Sec. 25, eff. June 10, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 162 - Regulation of Practice of Medicine › Subchapter C. Anesthesia in Outpatient Setting › Section 162.105. Compliance With Anesthesia Rules

Sec. 162.105.  COMPLIANCE WITH ANESTHESIA RULES.  (a)  A physician who practices medicine in this state and who administers anesthesia or performs a surgical procedure for which anesthesia services are provided in an outpatient setting shall comply with the rules adopted under this subchapter.
(b)  The board may require a physician to submit and comply with a corrective action plan to remedy or address any current or potential deficiencies with the physician's provision of anesthesia in an outpatient setting in accordance with this subtitle or rules of the board.
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 C. Anesthesia in Outpatient Setting › Section 162.106. Inspections

Sec. 162.106.  INSPECTIONS.  (a)  The board may conduct inspections of a physician's equipment and office procedures that relate to the provision of anesthesia in an outpatient setting as necessary to enforce this subchapter.
(b)  The board may establish a risk-based inspection process in which the board conducts inspections based on the length of time since:
(1)  the equipment and outpatient setting were last inspected; and
(2)  the physician submitted to inspection.
(c)  The board may contract with another state agency or qualified person to conduct the inspections.
(d)  Unless it would jeopardize an ongoing investigation, the board shall provide at least five business days' notice before conducting an on-site inspection under this section.
(e)  The board shall maintain a record of the outpatient settings in which physicians provide anesthesia.
(f)  A physician who provides anesthesia in an outpatient setting shall inform the board of any other physician with whom the physician shares equipment used to administer anesthesia.
(g)  This section does not require the board to make an on-site inspection of a physician's office.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.033(a), eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1231 (H.B. 1504), Sec. 9, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 162 - Regulation of Practice of Medicine › Subchapter C. Anesthesia in Outpatient Setting › Section 162.107. Requests for Inspection and Advisory Opinion

Sec. 162.107.  REQUESTS FOR INSPECTION AND ADVISORY OPINION.  (a)  The board may consider a request by a physician for an on-site inspection.  The board, on payment of a fee established by the board, may conduct the inspection and issue an advisory opinion.
(b)  An advisory opinion issued by the board under this section is not binding on the board.  Except as provided by Subsection (c), the board may take any action under this subtitle relating to the situation addressed by the advisory opinion that the board considers appropriate.
(c)  A physician who requests and relies on an advisory opinion of the board may use the opinion as mitigating evidence in an action or proceeding to impose an administrative penalty or assess a civil penalty under this subtitle.  On receipt of proof of reliance on an advisory opinion, the board or court, as appropriate, shall consider the reliance and mitigate imposition of an administrative penalty or assessment of a civil penalty accordingly.
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 162.151. Definitions

Sec. 162.151.  DEFINITIONS.  In this subchapter:
(1)  "Core credentials data" means:
(A)  name and other demographic data;
(B)  professional education;
(C)  professional training;
(D)  licenses;  and
(E)  Educational Commission for Foreign Medical Graduates certification.
(2)  "Credentials verification organization" means an organization that is certified or accredited and organized to collect, verify, maintain, store, and provide to health care entities a health care practitioner's verified credentials data, including all corrections, updates, and modifications to that data.  For purposes of this subdivision, "certified" or "accredited" includes certification or accreditation by a nationally recognized accreditation organization.
(3)  "Health care entity" means:
(A)  a health care facility or other health care organization licensed or certified to provide approved medical and allied health services in this state;
(B)  an entity licensed by the Texas Department of Insurance as a prepaid health care plan or health maintenance organization or as an insurer to provide coverage for health care services through a network of providers;  or
(C)  a health care provider entity accepting delegated credentialing functions from a health maintenance organization.
(4)  "Physician" means a holder of or applicant for a license under this subtitle as a medical doctor or doctor of osteopathy.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.033(a), eff. Sept. 1, 2001.
Sec. 162.152.  ASSOCIATIONS.  Each provision of this subchapter that applies to a health care entity also applies to an association that represents federally qualified health centers.  For purposes of this section, "federally qualified health center" has the meaning assigned by 42 U.S.C. Section 1396d(l)(2)(B), as amended.
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 162.153. Standardized Credentials Verification Program

Sec. 162.153.  STANDARDIZED CREDENTIALS VERIFICATION PROGRAM.  (a)  The board shall develop standardized forms and guidelines for and administer:
(1)  the collection, verification, correction, updating, modification, maintenance, and storage of information relating to physician credentials;  and
(2)  the release of that information to health care entities or designated credentials verification organizations authorized by the physician to receive that information.
(b)  Except as provided by Subsection (c), a physician whose core credentials data is submitted to the board is not required to resubmit the data when applying for practice privileges with a health care entity.
(c)  A physician shall:
(1)  provide to the board any correction, update, or modification of the physician's core credentials data not later than the 30th day after the date the data on file is no longer accurate;  and
(2)  resubmit the physician's core credentials data annually if the physician did not submit a correction, update, or modification during the preceding year.
(d)  A health care entity that employs, contracts with, or credentials physicians must use the board to obtain core credentials data for items for which the board is designated or accepted as a primary source by a national accreditation organization.  A health care entity may act through its designated credentials verification organization.
(e)  This section does not restrict the authority of a health care entity to approve or deny an original or renewal application for hospital staff membership, clinical privileges, or managed care network participation.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.033(a), eff. Sept. 1, 2001.