reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 111 - Telemedicine, Teledentistry, and Telehealth › Section 111.008. Mental Health Services Excluded

Sec. 111.008.  MENTAL HEALTH SERVICES EXCLUDED.  This chapter does not apply to mental health services.
Added by Acts 2017, 85th Leg., R.S., Ch. 205 (S.B. 1107), Sec. 3, eff. May 27, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 111 - Telemedicine, Teledentistry, and Telehealth › Section 111.009. Limitation on Certain Prescriptions

Sec. 111.009.  LIMITATION ON CERTAIN PRESCRIPTIONS.  (a)  In this section:
(1)  "Controlled substance," "opiate," and "prescribe" have the meanings assigned by Section 481.002, Health and Safety Code.
(2)  "National holiday" means a day described by Section 662.003(a), Government Code.
(b)  The State Board of Dental Examiners by rule shall establish limits on the quantity of a controlled substance, including an opiate, that a dentist may prescribe to a patient as a teledentistry dental service.  Except as provided by Subsection (c), the rules may not authorize a dentist to prescribe more than is necessary to supply a patient for:
(1)  if the prescription is for an opiate, a two-day period; or
(2)  if the prescription is for a controlled substance other than an opiate, a five-day period.
(c)  For each day in a period described by Subsection (b)(1) or (2) that is a Saturday, Sunday, or national holiday, the period is extended to include the next day that is not a Saturday, Sunday, or national holiday.
(d)  Rules adopted under this section must comply with applicable federal laws and rules.
Added by Acts 2021, 87th Leg., R.S., Ch. 811 (H.B. 2056), Sec. 11, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 112 - General Licensing Requirements Applicable to Multiple Health Care Practitioners › Subchapter A. General Provisions › Section 112.001. Definitions

Sec. 112.001.  DEFINITIONS.  In this chapter:
(1)  "Health care practitioner" means an individual issued a license, certificate, registration, title, permit, or other authorization to engage in a health care profession.
(2)  "Licensing entity" means a department, commission, board, office, authority, or other agency of the state that regulates activities and persons under this title.
Added by Acts 2005, 79th Leg., Ch. 1136 (H.B. 2680), Sec. 1, eff. June 18, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 112 - General Licensing Requirements Applicable to Multiple Health Care Practitioners › Subchapter A. General Provisions › Section 112.002. Applicability

Sec. 112.002.  APPLICABILITY.  This chapter applies only to licensing entities and health care practitioners under Chapters 401, 453, and 454 and Subtitles B, C, D, E, F, and K.
Added by Acts 2005, 79th Leg., Ch. 1136 (H.B. 2680), Sec. 1, eff. June 18, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 112 - General Licensing Requirements Applicable to Multiple Health Care Practitioners › Subchapter B. Services Provided to Charities › Section 112.051. Reduced License Requirements for Retired Health Care Practitioners Performing Charity Work

Sec. 112.051.  REDUCED LICENSE REQUIREMENTS FOR RETIRED HEALTH CARE PRACTITIONERS PERFORMING CHARITY WORK.  (a)  Each licensing entity shall adopt rules providing for reduced fees and continuing education requirements for a retired health care practitioner whose only practice is voluntary charity care.
(b)  The licensing entity by rule shall define voluntary charity care.
Added by Acts 2005, 79th Leg., Ch. 1136 (H.B. 2680), Sec. 1, eff. June 18, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 113 - Mental Health Telemedicine and Telehealth Services › Section 113.001. Definitions

Sec. 113.001.  DEFINITIONS.  The definitions provided by Section 111.001 apply to this chapter.
Added by Acts 2019, 86th Leg., R.S., Ch. 1328 (H.B. 4455), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 113 - Mental Health Telemedicine and Telehealth Services › Section 113.002. Patient Located Outside of State

Sec. 113.002.  PATIENT LOCATED OUTSIDE OF STATE.  Notwithstanding any other law, a health professional may provide a mental health service that is within the scope of the professional's license, certification, or authorization through the use of a telemedicine medical service or a telehealth service to a patient who is located outside of this state, subject to any applicable regulation of the jurisdiction in which the patient is located.
Added by Acts 2019, 86th Leg., R.S., Ch. 1328 (H.B. 4455), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 114 - Reporting Requirements Applicable to Multiple Health Occupation Regulatory Agencies › Section 114.001. Definitions

Sec. 114.001.  DEFINITIONS.  In this chapter:
(1)  "Health care practitioner" means an individual issued a license, certificate, registration, title, permit, or other authorization to engage in a health care profession.
(2)  "Health occupation regulatory agency" means a department, commission, board, office, authority, or other agency of the state that regulates a health care practitioner under this title.
Added by Acts 2009, 81st Leg., R.S., Ch. 512 (S.B. 1058), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 114 - Reporting Requirements Applicable to Multiple Health Occupation Regulatory Agencies › Section 114.002. Annual Report to Legislature

Sec. 114.002.  ANNUAL REPORT TO LEGISLATURE.  (a)  Not later than February 1 of each year, each health occupation regulatory agency shall file a report with the chairs of the house and senate committees with primary oversight over the agency that includes the following:
(1)  the number of persons regulated by the agency;
(2)  the number of persons who became subject to regulation by the agency in the previous year;
(3)  the number of persons regulated by the agency by county;
(4)  a description of any complaints reported to the agency or a description of the complaint categories used by the agency and the number of complaints in each category;
(5)  the number of complaints investigated by the agency and a description of the final resolution of the complaints;
(6)  the amount of fees collected by the agency each year;
(7)  the expenses of the agency; and
(8)  any unfunded needs of the agency.
(b)  The Health Professions Council shall adopt a standard format that must be used by health occupation regulatory agencies to report the information required under Subsection (a).
Added by Acts 2009, 81st Leg., R.S., Ch. 512 (S.B. 1058), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 115 - Health or Veterinary Services Provided in Catastrophic Circumstances › Section 115.001. Short Title

Sec. 115.001.  SHORT TITLE.  This chapter may be cited as the Uniform Emergency Volunteer Health Practitioners Act.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1264 (H.B. 746), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 115 - Health or Veterinary Services Provided in Catastrophic Circumstances › Section 115.003. Applicability to Volunteer Health Practitioners

Sec. 115.003.  APPLICABILITY TO VOLUNTEER HEALTH PRACTITIONERS.  This chapter applies to volunteer health practitioners who are registered with the system administered by the department under Section 115.005 and who provide health or veterinary services in this state for a host entity while an emergency declaration is in effect.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1264 (H.B. 746), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 115 - Health or Veterinary Services Provided in Catastrophic Circumstances › Section 115.004. Regulation of Services During Emergency

Sec. 115.004.  REGULATION OF SERVICES DURING EMERGENCY.  (a)  While an emergency declaration is in effect, the division by order may limit, restrict, or otherwise regulate:
(1)  the duration of practice by volunteer health practitioners;
(2)  the geographical areas in which volunteer health practitioners may practice;
(3)  the types of volunteer health practitioners who may practice; and
(4)  any other matters necessary to coordinate effectively the provision of health or veterinary services during the emergency.
(b)  An order issued under Subsection (a) may take effect immediately, without prior notice or comment, and is not a rule within the meaning of Chapter 2001, Government Code.
(c)  A host entity that uses volunteer health practitioners to provide health or veterinary services in this state shall:
(1)  consult and coordinate its activities with the division to the extent practicable to provide for the efficient and effective use of volunteer health practitioners; and
(2)  comply with laws in addition to this chapter relating to the management of emergency health or veterinary services.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1264 (H.B. 746), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 115 - Health or Veterinary Services Provided in Catastrophic Circumstances › Section 115.005. Volunteer Health Practitioner Registration System

Sec. 115.005.  VOLUNTEER HEALTH PRACTITIONER REGISTRATION SYSTEM. (a) The department shall administer a volunteer health practitioner registration system that:
(1)  accepts applications for the registration of volunteer health practitioners before or during an emergency;
(2)  includes information about the licensing and good standing of health practitioners that is accessible by authorized persons;
(3)  is capable of confirming whether a health practitioner is licensed and in good standing before health or veterinary services are provided by the practitioner under this chapter; and
(4)  includes information regarding the results of a criminal history record information check performed on the volunteer health practitioners listed in the system.
(b)  To satisfy a requirement of Subsection (a) or (c), the department may:
(1)  use information available in the Texas disaster volunteer registry maintained by the department; or
(2)  enter into agreements with disaster relief organizations or the verification systems of other states for the advance registration of volunteer health practitioners under 42 U.S.C. Section 247d-7b.
(c)  While an emergency declaration is in effect, a state agency that grants a license to a health practitioner shall coordinate with the department to provide licensing or criminal history record information for volunteer health practitioners seeking registration under this chapter.
(d)  If an applicant for registration under this chapter has an unacceptable licensing or criminal history, the department may not allow the applicant to register and the applicant may not serve as a volunteer health practitioner under this chapter.
(e)  While an emergency declaration is in effect, the division, a person authorized to act on behalf of the division, or a host entity may confirm whether volunteer health practitioners used in this state are registered with the registration system under Subsection (a). Confirmation is limited to obtaining the identity of the practitioners from the system and determining whether the system indicates that the practitioners are licensed and in good standing and have an acceptable criminal history.
(f)  On request by a person in this state authorized under Subsection (e) or a similarly authorized person in another state, the department shall notify the person of the identity of volunteer health practitioners registered with the registration system and whether the practitioners are licensed and in good standing and have an acceptable criminal history.
(g)  A host entity is not required to use the services of a volunteer health practitioner even if the practitioner is registered with the registration system and the system indicates that the practitioner is licensed and in good standing and has an acceptable criminal history.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1264 (H.B. 746), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 115 - Health or Veterinary Services Provided in Catastrophic Circumstances › Section 115.006. Recognition of Volunteer Health Practitioners Licensed in Other States

Sec. 115.006.  RECOGNITION OF VOLUNTEER HEALTH PRACTITIONERS LICENSED IN OTHER STATES. (a) While an emergency declaration is in effect, a volunteer health practitioner registered with the registration system under Section 115.005 who is licensed and in good standing in another state and has an acceptable criminal history may practice in this state to the extent authorized by this chapter as if the practitioner were licensed in this state.
(b)  A volunteer health practitioner qualified under Subsection (a) is not entitled to the protections of this chapter if the practitioner is licensed in more than one state and any license of the practitioner is suspended, revoked, or subject to an agency order limiting or restricting practice privileges or has been voluntarily terminated under threat of sanction.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1264 (H.B. 746), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 115 - Health or Veterinary Services Provided in Catastrophic Circumstances › Section 115.007. No Effect on Credentialing and Privileging

Sec. 115.007.  NO EFFECT ON CREDENTIALING AND PRIVILEGING.  (a) In this section:
(1)  "Credentialing" means obtaining, verifying, and assessing the qualifications of a health practitioner to provide treatment, care, or services in or for a health facility.
(2)  "Privileging" means the authorizing by an appropriate authority, such as a governing body, of a health practitioner to provide specific treatment, care, or services at a health facility subject to limits based on factors that include license, education, training, experience, competence, health status, and specialized skill.
(b)  This chapter does not affect credentialing or privileging standards of a health facility and does not preclude a health facility from waiving or modifying those standards while an emergency declaration is in effect.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1264 (H.B. 746), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 115 - Health or Veterinary Services Provided in Catastrophic Circumstances › Section 115.009. Relation to Other Laws

Sec. 115.009.  RELATION TO OTHER LAWS.  (a) This chapter does not limit rights, privileges, or immunities provided to volunteer health practitioners by laws other than this chapter. Except as otherwise provided by Subsection (b), this chapter does not affect requirements for the use of health practitioners under the Emergency Management Assistance Compact.
(b)  The division, under the Emergency Management Assistance Compact, may incorporate into the emergency forces of this state volunteer health practitioners who are not officers or employees of this state or a political subdivision of this state.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1264 (H.B. 746), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 115 - Health or Veterinary Services Provided in Catastrophic Circumstances › Section 115.010. Regulatory Authority

Sec. 115.010.  REGULATORY AUTHORITY.  The division may adopt rules to implement this chapter. In adopting rules, the division shall consult with and consider the recommendations of the entity established to coordinate the implementation of the Emergency Management Assistance Compact and shall consult with and consider rules adopted by similarly empowered agencies in other states to promote uniformity in the application of this chapter and to make the emergency response systems in the various states reasonably compatible.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1264 (H.B. 746), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 115 - Health or Veterinary Services Provided in Catastrophic Circumstances › Section 115.011. Limitations on Civil Liability for Volunteer Health Practitioners

Sec. 115.011.  LIMITATIONS ON CIVIL LIABILITY FOR VOLUNTEER HEALTH PRACTITIONERS.  (a) Subject to Subsection (c), a volunteer health practitioner who provides health or veterinary services under this chapter is not liable for damages for an act or omission of the practitioner in providing those services.
(b)  A person is not vicariously liable for damages for an act or omission of a volunteer health practitioner if the practitioner is not liable for the damages under Subsection (a).
(c)  This section does not limit the liability of a volunteer health practitioner for:
(1)  wilful misconduct or wanton, grossly negligent, reckless, or criminal conduct;
(2)  an intentional tort;
(3)  breach of contract;
(4)  a claim asserted by a host entity or by an entity located in this or another state that employs or uses the services of the practitioner; or
(5)  an act or omission relating to the operation of a motor vehicle, vessel, aircraft, or other vehicle.
(d)  A person who operates, uses, or relies on information provided by the volunteer health practitioner registration system under this chapter is not liable for damages for an act or omission relating to that operation, use, or reliance unless the act or omission is an intentional tort or is wilful misconduct or wanton, grossly negligent, reckless, or criminal conduct.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1264 (H.B. 746), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 116 - Training Course on Human Trafficking Prevention › Section 116.001. Definitions

Sec. 116.001.  DEFINITIONS.  In this chapter:
(1)  "Commission" means the Health and Human Services Commission.
(2)  "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.
(3)  "Health care practitioner" means an individual who holds a license, certificate, permit, or other authorization issued under this title to engage in a health care profession and who provides direct patient care.
Added by Acts 2019, 86th Leg., R.S., Ch. 796 (H.B. 2059), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 116 - Training Course on Human Trafficking Prevention › Section 116.002. Required Training Course on Human Trafficking Prevention for Certain Health Care Providers

Sec. 116.002.  REQUIRED TRAINING COURSE ON HUMAN TRAFFICKING PREVENTION FOR CERTAIN HEALTH CARE PROVIDERS.  (a)  A health care practitioner, other than a physician or nurse, within the time prescribed by commission rule shall successfully complete a training course approved by the executive commissioner on identifying and assisting victims of human trafficking.
(b)  The executive commissioner shall:
(1)  approve training courses on human trafficking prevention, including at least one course that is available without charge; and
(2)  post a list of the approved training courses on the commission's Internet website.
(c)  The executive commissioner shall update the list of approved training courses described by Subsection (b) as necessary and consider for approval training courses conducted by health care facilities.
Added by Acts 2019, 86th Leg., R.S., Ch. 796 (H.B. 2059), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 116 - Training Course on Human Trafficking Prevention › Section 116.003. Training Required for License Renewal

Sec. 116.003.  TRAINING REQUIRED FOR LICENSE RENEWAL.  A health care practitioner, other than a physician or nurse, shall successfully complete a training course described by Section 116.002 as a condition for renewal of a license issued to the health care practitioner under this title.
Added by Acts 2019, 86th Leg., R.S., Ch. 796 (H.B. 2059), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 151 - General Provisions › Subchapter A. General Provisions › Section 151.001. Short Title

Sec. 151.001.  SHORT TITLE.  This subtitle may be cited as the Medical Practice Act.
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 151 - General Provisions › Subchapter A. General Provisions › Section 151.003. Legislative Findings

Sec. 151.003.  LEGISLATIVE FINDINGS.  The legislature finds that:
(1)  the practice of medicine is a privilege and not a natural right of individuals and as a matter of public policy it is necessary to protect the public interest through enactment of this subtitle to regulate the granting of that privilege and its subsequent use and control;  and
(2)  the board should remain the primary means of licensing, regulating, and disciplining physicians.
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 151 - General Provisions › Subchapter A. General Provisions › Section 151.004. Application of Sunset Act

Sec. 151.004.  APPLICATION OF SUNSET ACT.  The Texas Medical Board is subject to Chapter 325, Government Code (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the board is abolished and this subtitle and Chapters 204, 205, 206, 601, 602, 603, and 604 expire September 1, 2033.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 1.02, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.001, eff. September 1, 2015.
Acts 2017, 85th Leg., 1st C.S., Ch. 2 (S.B. 20), Sec. 1, eff. August 11, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1231 (H.B. 1504), Sec. 1, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 941 (S.B. 1659), Sec. 2.02, eff. June 18, 2023.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 151 - General Provisions › Subchapter A. General Provisions › Section 151.005. Governmental Discrimination Prohibited

Sec. 151.005.  GOVERNMENTAL DISCRIMINATION PROHIBITED.  (a)  A program supported in whole or in part by the state or by a political subdivision of the state may not discriminate against a health care practitioner because the practitioner is a physician specializing in ophthalmology.
(b)  A law or policy of the state or of a political subdivision of the state that requires or encourages a person to obtain vision care or medical eye care that is within the scope of practice of an optometrist or therapeutic optometrist may not discriminate against a health care practitioner because the practitioner is a physician specializing in ophthalmology.
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 151 - General Provisions › Subchapter B. Application and Construction of Subtitle › Section 151.051. Discrimination Based on Type of Academic Medical Degree or Certain Religious Tenets Prohibited

Sec. 151.051.  DISCRIMINATION BASED ON TYPE OF ACADEMIC MEDICAL DEGREE OR CERTAIN RELIGIOUS TENETS PROHIBITED.  (a)  A hospital, institution, or program that is licensed by the state, is operated by the state or a political subdivision of the state, or directly or indirectly receives state financial assistance may not differentiate in regard to a person licensed under this subtitle solely on the basis of the academic medical degree held by the person.  The hospital, institution, program, state agency, or political subdivision may adopt rules and requirements relating to qualifications for medical staff appointments, including reappointments and the termination of appointments, the delineation of clinical privileges, or the curtailment of clinical privileges of persons who are appointed to that medical staff or permitted to participate in educational programs if those rules and requirements do not differentiate solely on the basis of the academic medical degree held by the affected physician and are:
(1)  determined on a reasonable basis, such as the professional and ethical qualifications of the physician;
(2)  based on reasonable standards;
(3)  applied without irrelevant considerations;
(4)  supported by sufficient evidence;  and
(5)  not arbitrary or capricious.
(b)  The limitations imposed under this section relating to discrimination based on the academic medical degree of a physician do not apply to practice limitations adopted by:
(1)  a medical school or college, including a program of a medical school or college;  or
(2)  any office or offices of physicians, singularly or in groups, in the conduct of their profession.
(c)  This subtitle may not be construed in a manner that:
(1)  discriminates against a school or system of medical practice;  or
(2)  affects the use of the principles or teachings of any church in ministering to the sick or suffering by prayer or pastoral counseling without the use of a drug or other material substance represented as medically effective.
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 151 - General Provisions › Subchapter B. Application and Construction of Subtitle › Section 151.052. Exemptions

Sec. 151.052.  EXEMPTIONS.  (a)  This subtitle does not apply to:
(1)  a dentist, licensed under the laws of this state, engaged strictly in the practice of dentistry;
(2)  a licensed optometrist or therapeutic optometrist engaged strictly in the practice of optometry or therapeutic optometry as defined by law;
(3)  a licensed chiropractor engaged strictly in the practice of chiropractic as defined by law;
(4)  a registered nurse or licensed vocational nurse engaged strictly in the practice of nursing in accordance with the applicable licensing acts and other laws of this state;
(5)  a licensed podiatrist engaged strictly in the practice of podiatry as defined by law;
(6)  a licensed or certified psychologist engaged strictly in the practice of psychology as defined by law;
(7)  a licensed physical therapist engaged strictly in the practice of physical therapy in accordance with the law relating to physical therapy practice;
(8)  a commissioned or contract surgeon in the United States uniformed services or Public Health Service in the performance of that person's duties if the person is not engaged in private practice;
(9)  a person who furnishes medical assistance in an emergency or disaster situation if no charge is made for the medical assistance;
(10)  a student in training in a board-approved medical school while performing, under the supervision of a licensed practitioner, the duties assigned in the course of training;
(11)  a legally qualified physician of another state who is in this state for consultation with a physician licensed in this state but who does not:
(A)  maintain an office in this state;  or
(B)  appoint a place in this state for seeing, examining, or treating a patient;  or
(12)  any other activity that the board designates as exempt from the application of this subtitle.
(b)  Notwithstanding Subsection (a)(10), a medical resident, intern, or fellow is required to register and is subject to the other applicable provisions of this subtitle.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 151 - General Provisions › Subchapter B. Application and Construction of Subtitle › Section 151.0521. Exemption for Sports Team Physician

Sec. 151.0521.  EXEMPTION FOR SPORTS TEAM PHYSICIAN.  A person is exempt from the licensing requirements of this subtitle and may engage in the practice of medicine in this state if the person:
(1)  is employed or designated as a team physician by a sports team visiting this state for a specific sporting event;
(2)  is licensed to practice medicine in the team's home state; and
(3)  limits the person's practice of medicine in this state to treating, during the period beginning on the date the team arrives in this state for the event and ending on the date the team leaves this state:
(A)  the members, coaches, and staff of the team; and
(B)  a family member of a person described by Paragraph (A) if the family member is visiting this state for the event.
Added by Acts 2019, 86th Leg., R.S., Ch. 376 (H.B. 2299), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 151 - General Provisions › Subchapter B. Application and Construction of Subtitle › Section 151.053. Application to Certain Persons Providing Nutritional Advice

Sec. 151.053.  APPLICATION TO CERTAIN PERSONS PROVIDING NUTRITIONAL ADVICE.  (a)  This subtitle does not prohibit a person from giving advice regarding the use and role of food and food ingredients, including dietary supplements.
(b)  Subsection (a) does not authorize a person to:
(1)  practice medicine;  or
(2)  state, in violation of law, that a product might cure a disease, disorder, or condition.
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 151 - General Provisions › Subchapter B. Application and Construction of Subtitle › Section 151.054. Application to Self-Care

Sec. 151.054.  APPLICATION TO SELF-CARE.  (a)  This subtitle does not prohibit:
(1)  a person from providing or seeking advice or information relating to that person's self-care;  or
(2)  the dissemination of information relating to self-care.
(b)  This section does not confer authority to practice medicine.
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 151 - General Provisions › Subchapter B. Application and Construction of Subtitle › Section 151.055. Application to Certain Independent Contractor Agreements

Sec. 151.055.  APPLICATION TO CERTAIN INDEPENDENT CONTRACTOR AGREEMENTS.  This subtitle does not prohibit a hospital from entering into an independent contractor agreement with a physician to provide services at the hospital or at another health care facility owned or operated by the hospital and:
(1)  paying the physician a minimum guaranteed amount to ensure the physician's availability;
(2)  billing and collecting from patients the physician's professional fees;  or
(3)  retaining the collected professional fees up to the amount of the minimum guaranteed amount plus a reasonable collection fee.
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 151 - General Provisions › Subchapter B. Application and Construction of Subtitle › Section 151.056. Application to Telemedicine

Sec. 151.056.  APPLICATION TO TELEMEDICINE.  (a)  A person who is physically located in another jurisdiction but who, through the use of any medium, including an electronic medium, performs an act that is part of a patient care service initiated in this state, including the taking of an x-ray examination or the preparation of pathological material for examination, and that would affect the diagnosis or treatment of the patient, is considered to be engaged in the practice of medicine in this state and is subject to appropriate regulation by the board.
(b)  This section does not apply to the act of:
(1)  a medical specialist located in another jurisdiction who provides only episodic consultation services on request to a physician licensed in this state who practices in the same medical specialty;
(2)  a physician located in another jurisdiction who is providing consultation services to a medical school as defined by Section 61.501, Education Code;
(3)  a physician located in another jurisdiction who is providing consultation services to an institution subject to:
(A)  Subchapter C, Chapter 73, Education Code;  or
(B)  Subchapter K, Chapter 74, Education Code;  or
(4)  a physician located in another jurisdiction of a state having borders contiguous with the borders of this state who is the treating physician of a patient and orders home health or hospice services for a resident of this state to be delivered by a home and community support services agency licensed in this state.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.022(a), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 152 - State Board of Medical Examiners › Subchapter A. Organization of Board › Section 152.001. Texas Medical Board

Sec. 152.001.  TEXAS MEDICAL BOARD.  (a)  The Texas Medical Board is an agency of the executive branch of state government with the power to regulate the practice of medicine.
(b)  A reference in any other law to the former Texas State Board of Medical Examiners means the Texas Medical 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. 1.03, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 152 - State Board of Medical Examiners › Subchapter A. Organization of Board › Section 152.002. Board Membership

Sec. 152.002.  BOARD MEMBERSHIP.  (a)  The board consists of 19 members appointed by the governor with the advice and consent of the senate as follows:
(1)  twelve members who are learned and eminent physicians licensed in this state for at least three years before the appointment, nine of whom must be graduates of a reputable medical school or college with a degree of doctor of medicine (M.D.) and three of whom must be graduates of a reputable medical school or college with a degree of doctor of osteopathic medicine (D.O.);  and
(2)  seven members who represent the public.
(b)  Appointments to the board shall be made without regard to race, color, disability, sex, religion, age, or national origin of the appointee.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 1170, Sec. 26.01, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 152 - State Board of Medical Examiners › Subchapter A. Organization of Board › Section 152.004. Membership and Employee Restrictions

Sec. 152.004.  MEMBERSHIP AND EMPLOYEE RESTRICTIONS.  (a)  In this section, "Texas trade association" means a cooperative and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
(b)  A person is ineligible for appointment to the board if, at the time of appointment, the person is younger than 18 years of age or is a stockholder or a member of the board of trustees of a medical school.
(c)  A person may not be a member of the board and may not be a board employee in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), if:
(1)  the person is an officer, employee, or paid consultant of a Texas trade association in the field of health care or a national organization incorporated to represent the entire profession licensed to practice medicine in this state or the United States, including an organization representing the practice of osteopathic medicine; or
(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of health care.
(d)  Expired.
(e)  Expired.
(f)  A person may not serve as a member of the board or act as general counsel to the board if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of 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. 1.05, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 152 - State Board of Medical Examiners › Subchapter A. Organization of Board › Section 152.0041. Restriction on Use of Information

Sec. 152.0041.  RESTRICTION ON USE OF INFORMATION.  A board member who is a physician or a physician acting as an agent of the board, including a member of an expert physician panel appointed under Section 154.056(e), may not use information to which the person has access solely by virtue of the person's position as a member or agent of the board for the benefit of the person's practice or for the benefit of another physician or person affiliated with the physician.
Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 1.06, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 152 - State Board of Medical Examiners › Subchapter A. Organization of Board › Section 152.005. Terms; Vacancy

Sec. 152.005.  TERMS;  VACANCY.  (a)  Members of the board serve staggered six-year terms.
(b)  If a vacancy occurs during a member's term, the governor shall appoint a person to fill the vacancy.
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 152 - State Board of Medical Examiners › Subchapter A. Organization of Board › Section 152.006. Grounds for Removal

Sec. 152.006.  GROUNDS FOR REMOVAL.  (a)  It is a ground for removal from the board that a member:
(1)  does not have at the time of taking office the qualifications required by Section 152.002;
(2)  does not maintain during service on the board the qualifications required by Section 152.002;
(3)  is ineligible for membership under Sections 152.003 and 152.004;
(4)  cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or
(5)  is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the board.
(b)  The validity of an action of the board is not affected by the fact that the action is taken when a ground for removal of a board member exists.
(c)  If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the president of the board of the potential ground.  The president shall then notify the governor and the attorney general that a potential ground for removal exists.  If the potential ground for removal involves the president of the board, the executive director shall notify the next highest ranking officer of the board, who shall then notify the governor and the attorney general that a potential ground for removal exists.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 1.07, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 152 - State Board of Medical Examiners › Subchapter A. Organization of Board › Section 152.007. Per Diem

Sec. 152.007.  PER DIEM.  (a)  Each board member is entitled to receive a per diem as set by legislative appropriation for each day that the member engages in the business of the board.
(b)  If the General Appropriations Act does not prescribe the amount of the per diem, the per diem consists of actual expenses for meals, lodging, and transportation, plus $100.
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 152 - State Board of Medical Examiners › Subchapter A. Organization of Board › Section 152.008. Officers

Sec. 152.008.  OFFICERS.  Not later than December after each regular session of the legislature, the governor shall appoint from the members of the board a president, to serve in that capacity at the pleasure of the governor, and the board shall elect from its members a vice president, secretary-treasurer, and other officers as are required, in the board's opinion, to carry out the board's duties.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 1.08, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 152 - State Board of Medical Examiners › Subchapter A. Organization of Board › Section 152.009. Meetings; Quorum Requirements

Sec. 152.009.  MEETINGS;  QUORUM REQUIREMENTS.  (a)  The board shall conduct regular meetings at least four times a year at the times and places the board considers most convenient for applicants and board members.
(b)  The board may hold special meetings in accordance with rules adopted by the board.
(c)  After hearing all evidence and arguments in an open meeting, the board may conduct deliberations relating to license applications and disciplinary actions in executive sessions.  The board shall vote and announce its decisions in open session.
(d)  A majority of the appointed board members constitutes a quorum for all purposes except for a board activity related to examining the credentials of license applicants as provided by Section 155.053.
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 152 - State Board of Medical Examiners › Subchapter A. Organization of Board › Section 152.010. Training; Guidelines

Sec. 152.010.  TRAINING;  GUIDELINES.  (a)  A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as a member in attendance at a meeting of the board until the person completes a training program that complies with this section.
(b)  The training program must provide the person with information regarding:
(1)  the law governing board operations;
(2)  the programs, functions, rules, and budget of the board;
(3)  the scope of and limitations on the rulemaking authority of the board;
(4)  the types of board rules, interpretations, and enforcement actions that may implicate federal antitrust law by limiting competition or impacting prices charged by persons engaged in a profession or business the board regulates, including any rule, interpretation, or enforcement action that:
(A)  regulates the scope of practice of persons in a profession or business the board regulates;
(B)  restricts advertising by persons in a profession or business the board regulates;
(C)  affects the price of goods or services provided by persons in a profession or business the board regulates; or
(D)  restricts participation in a profession or business the board regulates;
(5)   the results of the most recent formal audit of the board;
(6)  the requirements of:
(A)  laws relating to open meetings, public information, administrative procedure, and disclosure of conflicts of interest; and
(B)  other laws applicable to members of the board in performing their duties; and
(7)  any applicable ethics policies adopted by the board or the Texas Ethics Commission.
(c)  A person appointed to the board is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.
(d)  The executive director of the board shall create a training manual that includes the information required by Subsection (b).  The executive director shall distribute a copy of the training manual annually to each board member.  Each board member shall sign and submit to the executive director a statement acknowledging that the member received and has reviewed the training manual.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 1.09, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 1.49(1), eff. September 1, 2005.
Acts 2019, 86th Leg., R.S., Ch. 1231 (H.B. 1504), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 152 - State Board of Medical Examiners › Subchapter B. Executive Director and Other Personnel › Section 152.051. Executive Director

Sec. 152.051.  EXECUTIVE DIRECTOR.  (a)  The board shall appoint an executive director.  The executive director serves as the chief executive and administrative officer of the board.
(b)  The executive director serves at the pleasure 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 152 - State Board of Medical Examiners › Subchapter B. Executive Director and Other Personnel › Section 152.052. Executive Director Powers and Duties

Sec. 152.052.  EXECUTIVE DIRECTOR POWERS AND DUTIES.  The executive director shall administer and enforce this subtitle under the supervision and at the direction of the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.