reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 156 - Registration of Physicians › Subchapter A. Renewal and Registration › Section 156.007. Issuance of Registration Permit

Sec. 156.007.  ISSUANCE OF REGISTRATION PERMIT.  (a)  On receipt of a registration renewal application and all required fees, the board, after ascertaining from the records of the board or from other sources considered reliable by the board that the applicant is a physician in this state and meets all other requirements for registration, shall issue to the applicant a registration permit certifying that the applicant has filed the application, has paid the registration permit fee for the registration period, and has completed the requirements for registration.
(b)  The filing of the registration renewal application, the payment of the required fees, and the issuance of the permit do not entitle the permit holder to practice medicine in this state unless:
(1)  the permit holder has been previously licensed as a physician by the board, as prescribed by law;
(2)  the license to practice medicine is in effect;
(3)  the permit holder has met the continuing medical education requirements;  and
(4)  the permit holder has submitted a current complete physician profile.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.027(u), eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 202, Sec. 17, eff. June 10, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 156 - Registration of Physicians › Subchapter A. Renewal and Registration › Section 156.008. Practicing Medicine Without Registration Prohibited

Sec. 156.008.  PRACTICING MEDICINE WITHOUT REGISTRATION PROHIBITED.  (a)  Practicing medicine after the expiration of the 30-day grace period under Section 156.004 following expiration of a registration permit that has not been renewed for the current registration period as provided by this subchapter has the same effect as, and is subject to all penalties of, practicing medicine without a license.
(b)  In a prosecution for the unlawful practice of medicine, the receipt showing payment of the registration fee required by this chapter does not constitute evidence that the receipt holder is lawfully entitled to practice medicine.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 753, Sec. 1, eff. June 13, 2001;  Acts 2003, 78th Leg., ch. 202, Sec. 18, eff. June 10, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 156 - Registration of Physicians › Subchapter A. Renewal and Registration › Section 156.009. Inactive Status

Sec. 156.009.  INACTIVE STATUS.  The board may adopt rules and set reasonable fees relating to placing license holders on inactive status.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 202, Sec. 19, eff. June 10, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 156 - Registration of Physicians › Subchapter A. Renewal and Registration › Section 156.010. Refusal for Violation of Board Order

Sec. 156.010.  REFUSAL FOR VIOLATION OF BOARD ORDER.  The board may refuse to renew a registration permit issued under this chapter if the license holder is in violation of a board order.
Added by Acts 2017, 85th Leg., R.S., Ch. 567 (S.B. 674), Sec. 3, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 156 - Registration of Physicians › Subchapter B. Continuing Medical Education Requirements › Section 156.051. Reporting Program; Rules; Exemption

Sec. 156.051.  REPORTING PROGRAM;  RULES;  EXEMPTION.  (a)  The board by rule shall adopt, monitor, and enforce a reporting program for the continuing medical education of license holders.  The board shall adopt and administer rules that:
(1)  establish the number of hours of continuing medical education the board determines appropriate as a prerequisite to the registration of a license under this subtitle;
(2)  require at least one-half of the hours of continuing medical education established under Subdivision (1) to be board approved;  and
(3)  adopt a process to assess a license holder's participation in continuing medical education courses.
(b)  In approving continuing medical education hours under Subsection (a)(2), the board shall consider the standards of:
(1)  the American Medical Association adopted by that association for its Physician's Recognition Award;  or
(2)  the American Osteopathic Association.
(c)  The board shall permit the hours that are not subject to board approval under Subsection (a)(2) to consist of self-study or equivalent self-directed continuing medical education according to guidelines determined by the board.
(d)  This section does not apply to a license holder who is exempt by rule from paying the registration fee under Section 156.002(a).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 202, Sec. 20, eff. June 10, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 156 - Registration of Physicians › Subchapter B. Continuing Medical Education Requirements › Section 156.052. Presumption of Compliance for Certain License Holders

Sec. 156.052.  PRESUMPTION OF COMPLIANCE FOR CERTAIN LICENSE HOLDERS.  A license holder is presumed to be in compliance with the requirements of this subchapter if, during the 36 months preceding the date of the required registration, the license holder becomes board certified or recertified by a specialty board approved by the American Board of Medical Specialties or the American Osteopathic Association Bureau of Osteopathic Specialists.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 202, Sec. 21, eff. June 10, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 156 - Registration of Physicians › Subchapter B. Continuing Medical Education Requirements › Section 156.053. Temporary Exemption

Sec. 156.053.  TEMPORARY EXEMPTION.  (a)  The board may temporarily exempt a license holder from the continuing medical education requirement on the basis of:
(1)  catastrophic illness;
(2)  military service outside this state for longer than one year;
(3)  medical practice and residence outside the United States for longer than one year;  or
(4)  good cause shown on the written application of the license holder that provides evidence satisfactory to the board that the license holder is unable to comply with the requirement.
(b)  A temporary exemption granted under Subsection (a) may not exceed one year but may be renewed.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 202, Sec. 22, eff. June 10, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 156 - Registration of Physicians › Subchapter B. Continuing Medical Education Requirements › Section 156.054. Authority of Board to Require Additional Hours

Sec. 156.054.  AUTHORITY OF BOARD TO REQUIRE ADDITIONAL HOURS.  This subchapter does not prevent the board from taking disciplinary action with respect to a license holder or license applicant by requiring additional hours of continuing medical education, including education in specific course subjects.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 156 - Registration of Physicians › Subchapter B. Continuing Medical Education Requirements › Section 156.055. Continuing Education in Pain Management and Prescription of Opioids

Sec. 156.055.  CONTINUING EDUCATION IN PAIN MANAGEMENT AND PRESCRIPTION OF OPIOIDS.  (a)  A physician licensed under this subtitle who submits an application for renewal of a license that designates a direct patient care practice must complete, in accordance with this section, not less than two hours of continuing medical education regarding safe and effective pain management related to the prescription of opioids and other controlled substances, including education regarding:
(1)  reasonable standards of care;
(2)  the identification of drug-seeking behavior in patients; and
(3)  effectively communicating with patients regarding the prescription of an opioid or other controlled substance.
(b)  A physician must complete the hours required by Subsection (a) in each of the first two renewal periods following the issuance of the physician's initial registration permit under this chapter, with two of those hours to be completed not later than the first anniversary of the date of issuance.
(c)  After the period described by Subsection (b), a physician must complete not less than two hours of continuing medical education described by Subsection (a) every eight years.
(d)  The hours required by this section may be completed in any continuing medical education activity approved by the board, including medical ethics or professional responsibility education, and may be counted toward the hours of continuing medical education completed to comply with Section 156.051(a)(2).
(e)  The hours required by this section may not be used to satisfy any education required by board rule for certified pain clinic personnel.
(f)  The board shall adopt rules to implement this section.
(g)  Notwithstanding Subsections (b) and (c), a physician who on January 1, 2021, holds a license to practice medicine under this subtitle shall complete not less than two hours of continuing medical education described by Subsection (a) in each of the two renewal periods occurring after that date.  This subsection expires January 1, 2026.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 818 (H.B. 2454), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 156 - Registration of Physicians › Subchapter B. Continuing Medical Education Requirements › Section 156.056. Certain Volunteer Services

Sec. 156.056.  CERTAIN VOLUNTEER SERVICES.  (a)  In this section, "practice serving a medically underserved population" has the meaning assigned by Section 157.051.
(b)  The board by rule shall permit a license holder to complete half of any informal continuing medical education hours required under this subchapter by providing volunteer medical services at a practice serving a medically underserved population other than a site that is a primary practice site of the license holder.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.029(a), eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 418 (S.B. 406), Sec. 10, eff. November 1, 2013.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 156 - Registration of Physicians › Subchapter B. Continuing Medical Education Requirements › Section 156.057. Continuing Education in Forensic Evidence Collection

Sec. 156.057.  CONTINUING EDUCATION IN FORENSIC EVIDENCE COLLECTION.  (a)  A physician licensed under this subtitle who submits an application for renewal of a license to practice medicine and whose practice includes treating patients in an emergency room setting may complete two hours of continuing medical education relating to forensic evidence.
(b)  The board shall adopt rules to establish the content of continuing medical education relating to forensic evidence collection.  The board may adopt other rules to implement this section.
Added by Acts 2005, 79th Leg., Ch. 782 (S.B. 39), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 156 - Registration of Physicians › Subchapter B. Continuing Medical Education Requirements › Section 156.059. Continuing Education in Tick-Borne Diseases

Sec. 156.059.  CONTINUING EDUCATION IN TICK-BORNE DISEASES.  (a)  A physician licensed under this subtitle who submits an application for renewal of a license to practice medicine and whose practice includes the treatment of tick-borne diseases is encouraged to include continuing medical education in the treatment of tick-borne diseases among the hours of continuing medical education completed for purposes of rules adopted under Section 156.051(a)(2).
(b)  The board shall adopt rules to establish the content of and approval requirements for continuing medical education relating to the treatment of tick-borne diseases.  In adopting rules, the board shall seek input from affected parties and review relevant courses, including courses that have been approved in other states.  Rules adopted under this section must provide for the identification and approval of accredited continuing medical education courses that represent an appropriate spectrum of relevant medical clinical treatment relating to tick-borne diseases.
(c)  If relevant, the board shall consider a physician's participation in a continuing medical education course approved under Subsection (b) if:
(1)  the physician is being investigated by the board regarding the physician's selection of clinical care for the treatment of tick-borne diseases; and
(2)  the physician completed the course not more than two years before the start of the investigation.
(d)  The board may adopt other rules to implement this section.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1092 (S.B. 1360), Sec. 2, eff. September 1, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1306 (H.B. 2975), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 156 - Registration of Physicians › Subchapter B. Continuing Medical Education Requirements › Section 156.060. Continuing Education Regarding the Identification and Assistance of Trafficked Persons

Sec. 156.060.  CONTINUING EDUCATION REGARDING THE IDENTIFICATION AND ASSISTANCE OF TRAFFICKED PERSONS.  (a)  This section applies only to a physician who designates a direct patient care practice on an application for renewal of a registration permit.
(b)  A physician licensed under this subtitle who submits an application for renewal of a registration permit must complete at least one hour of continuing medical education under this section regarding the identification and assistance of trafficked persons:
(1)  in the first renewal period following the issuance of the physician's initial registration permit under this chapter; and
(2)  if the board approves more than one course under Subsection (d), at least once in every third renewal period following the renewal period described by Subdivision (1).
(c)  The hours required by Subsection (b):
(1)  must be designated by the board as medical ethics or professional responsibility education; and
(2)  may be counted toward the hours of continuing medical education required by Section 156.051(a)(2).
(d)  The board shall adopt rules to implement this section, including rules to establish the content of and approval requirements for continuing medical education relating to the identification and assistance of trafficked persons.  In adopting rules, the board shall seek input from affected parties and review relevant courses, including courses that have been approved in other states.  Rules adopted under this section must provide for the identification and approval of accredited continuing medical education courses that represent an appropriate spectrum of relevant information relating to the identification and assistance of trafficked persons.
(e)  A physician may satisfy the requirement of Subsection (b)(1) by completing at least one hour of a training course approved by the executive commissioner of the Health and Human Services Commission under Section 116.002.  This subsection expires September 1, 2025.
(f)  Notwithstanding Subsection (b), a physician who on September 1, 2023, holds a license to practice medicine under this subtitle shall complete at least one hour of continuing medical education under this section regarding the identification and assistance of trafficked persons.  This subsection expires January 1, 2024.
Added by Acts 2019, 86th Leg., R.S., Ch. 796 (H.B. 2059), Sec. 2, eff. September 1, 2019.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 70 (S.B. 415), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 157 - Authority of Physician to Delegate Certain Medical Acts › Subchapter A. General Provisions › Section 157.001. General Authority of Physician to Delegate

Sec. 157.001.  GENERAL AUTHORITY OF PHYSICIAN TO DELEGATE.  (a)  A physician may delegate to a qualified and properly trained person acting under the physician's supervision any medical act that a reasonable and prudent physician would find within the scope of sound medical judgment to delegate if, in the opinion of the delegating physician:
(1)  the act:
(A)  can be properly and safely performed by the person to whom the medical act is delegated;
(B)  is performed in its customary manner;  and
(C)  is not in violation of any other statute;  and
(2)  the person to whom the delegation is made does not represent to the public that the person is authorized to practice medicine.
(b)  The delegating physician remains responsible for the medical acts of the person performing the delegated medical acts.
(c)  The board may determine whether:
(1)  an act constitutes the practice of medicine, not inconsistent with this chapter;  and
(2)  a medical act may be properly or safely delegated by 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 157 - Authority of Physician to Delegate Certain Medical Acts › Subchapter A. General Provisions › Section 157.003. Emergency Care

Sec. 157.003.  EMERGENCY CARE.  The authority to delegate medical acts to a properly qualified person as provided by this subchapter applies to emergency care provided by emergency medical personnel certified by the Texas Department of Health.
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 157 - Authority of Physician to Delegate Certain Medical Acts › Subchapter A. General Provisions › Section 157.004. Delegation Regarding Certain Care for Newborns; Liability

Sec. 157.004.  DELEGATION REGARDING CERTAIN CARE FOR NEWBORNS;  LIABILITY.  (a)  It is the policy of this state that the prevention of ophthalmia neonatorum in newborn infants is of paramount importance for the protection of the health of the children of this state.
(b)  The authority to delegate medical acts to a midwife under Chapter 203 applies to the possession and administration of eye prophylaxis for the prevention of ophthalmia neonatorum.
(c)  A physician who issues a standing delegation order to a midwife under Chapter 203 is not liable in connection with an act performed under that standing delegation order if the midwife provides proof of licensure under that chapter before the order is issued.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1240 (H.B. 1535), Sec. 53, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 157 - Authority of Physician to Delegate Certain Medical Acts › Subchapter A. General Provisions › Section 157.005. Performance of Delegated Act Not Practicing Without Medical License

Sec. 157.005.  PERFORMANCE OF DELEGATED ACT NOT PRACTICING WITHOUT MEDICAL LICENSE.  A person to whom a physician delegates the performance of a medical act is not considered to be practicing medicine without a license by performing the medical act unless the person acts with knowledge that the delegation and the action taken under the delegation is a violation 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 157 - Authority of Physician to Delegate Certain Medical Acts › Subchapter A. General Provisions › Section 157.006. Limitation on Board Rules Regarding Delegation

Sec. 157.006.  LIMITATION ON BOARD RULES REGARDING DELEGATION.  The board shall promote a physician's exercise of professional judgment to decide which medical acts may be safely delegated by not adopting rules containing, except as absolutely necessary, global prohibitions or restrictions on the delegation of medical acts.
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 157 - Authority of Physician to Delegate Certain Medical Acts › Subchapter A. General Provisions › Section 157.007. Applicability of Other Laws

Sec. 157.007.  APPLICABILITY OF OTHER LAWS.  An act delegated by a physician under this chapter must comply with other applicable laws.
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 157 - Authority of Physician to Delegate Certain Medical Acts › Subchapter B. Delegation to Advanced Practice Registered Nurses and Physician Assistants › Section 157.0514. Prescriptive Authority Agreement: Inspections

Sec. 157.0514.  PRESCRIPTIVE AUTHORITY AGREEMENT:  INSPECTIONS.  If the board receives a notice under Section 157.0513(a)(2), the board or an authorized board representative may enter, with reasonable notice and at a reasonable time, unless the notice would jeopardize an investigation, a site where a party to a prescriptive authority agreement practices to inspect and audit any records or activities relating to the implementation and operation of the agreement.  To the extent reasonably possible, the board and the board's authorized representative shall conduct any inspection or audit under this section in a manner that minimizes disruption to the delivery of patient care.
Added by Acts 2013, 83rd Leg., R.S., Ch. 418 (S.B. 406), Sec. 4, eff. November 1, 2013.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 157 - Authority of Physician to Delegate Certain Medical Acts › Subchapter B. Delegation to Advanced Practice Registered Nurses and Physician Assistants › Section 157.055. Orders and Protocols

Sec. 157.055.  ORDERS AND PROTOCOLS.  A protocol or other order shall be defined in a manner that promotes the exercise of professional judgment by the advanced practice registered nurse and physician assistant commensurate with the education and experience of that person.  Under this section, an order or protocol used by a reasonable and prudent physician exercising sound medical judgment:
(1)  is not required to describe the exact steps that an advanced practice registered nurse or a physician assistant must take with respect to each specific condition, disease, or symptom; and
(2)  may state the types or categories of medications that may be prescribed or the types or categories of medications that may not be prescribed.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 418 (S.B. 406), Sec. 6, eff. November 1, 2013.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 157 - Authority of Physician to Delegate Certain Medical Acts › Subchapter B. Delegation to Advanced Practice Registered Nurses and Physician Assistants › Section 157.056. Prescription Information

Sec. 157.056.  PRESCRIPTION INFORMATION.  The following information must be provided on each prescription subject to this subchapter:
(1)  the patient's name and address;
(2)  the drug to be dispensed;
(3)  directions to the patient regarding the taking of the drug and the dosage;
(4)  the intended use of the drug, if appropriate;
(5)  the name, address, and telephone number of the physician;
(6)  the name, address, telephone number, and identification number of the registered nurse or physician assistant completing or signing the prescription drug order;
(7)  the date;  and
(8)  the number of refills permitted.
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 157 - Authority of Physician to Delegate Certain Medical Acts › Subchapter B. Delegation to Advanced Practice Registered Nurses and Physician Assistants › Section 157.057. Additional Implementation Methods

Sec. 157.057.  ADDITIONAL IMPLEMENTATION METHODS.  The board may adopt additional methods to implement:
(1)  a physician's prescription; or
(2)  the delegation of prescriptive authority.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 418 (S.B. 406), Sec. 7, eff. November 1, 2013.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 157 - Authority of Physician to Delegate Certain Medical Acts › Subchapter B. Delegation to Advanced Practice Registered Nurses and Physician Assistants › Section 157.058. Delegation to Certified Registered Nurse Anesthetist

Sec. 157.058.  DELEGATION TO CERTIFIED REGISTERED NURSE ANESTHETIST.  (a)  In a licensed hospital or ambulatory surgical center, a physician may delegate to a certified registered nurse anesthetist the ordering of drugs and devices necessary for the nurse anesthetist to administer an anesthetic or an anesthesia-related service ordered by the physician.
(b)  The physician's order for anesthesia or anesthesia-related services is not required to specify a drug, dose, or administration technique.
(c)  Pursuant to the physician's order and in accordance with facility policies or medical staff bylaws, the nurse anesthetist may select, obtain, and administer those drugs and apply the medical devices appropriate to accomplish the order and maintain the patient within a sound physiological status.
(d)  This section shall be liberally construed to permit the full use of safe and effective medication orders to use the skills and services of certified registered nurse anesthetists.
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 157 - Authority of Physician to Delegate Certain Medical Acts › Subchapter B. Delegation to Advanced Practice Registered Nurses and Physician Assistants › Section 157.060. Physician Liability for Delegated Act

Sec. 157.060.  PHYSICIAN LIABILITY FOR DELEGATED ACT.  Unless the physician has reason to believe the physician assistant or advanced practice registered nurse lacked the competency to perform the act, a physician is not liable for an act of a physician assistant or advanced practice registered nurse solely because the physician signed a standing medical order, a standing delegation order, or another order or protocol, or entered into a prescriptive authority agreement, authorizing the physician assistant or advanced practice registered nurse to administer, provide, prescribe, or order a drug or device.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 418 (S.B. 406), Sec. 9, eff. November 1, 2013.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 158 - Authority of Physician to Provide Certain Drugs and Supplies › Section 158.001. Provision of Drugs and Other Supplies

Sec. 158.001.  PROVISION OF DRUGS AND OTHER SUPPLIES.  (a)  A physician licensed under this subtitle may supply a patient with any drug, remedy, or clinical supply necessary to meet the patient's immediate needs.
(b)  This section does not permit a physician to operate a retail pharmacy without complying with Chapter 558.
(c)  This chapter does not prohibit a physician from supplying to a patient, free of charge, a drug provided to the physician by a drug manufacturer for an indigent pharmaceutical program if, in the physician's opinion, it is advantageous to the patient, in adhering to a course of treatment prescribed by the physician, to receive the drug.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 700, Sec. 1, eff. June 13, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 158 - Authority of Physician to Provide Certain Drugs and Supplies › Section 158.002. Provision of Free Samples

Sec. 158.002.  PROVISION OF FREE SAMPLES.  (a)  This chapter does not prohibit a physician from supplying a pharmaceutical sample to a patient free of charge if, in the physician's opinion, it is advantageous to the patient, in adhering to a course of treatment prescribed by the physician, to receive the sample.
(b)  A pharmaceutical sample provided under this section must be:
(1)  provided to the physician from the manufacturer free of charge and delivered to a patient free of any direct or indirect charge;
(2)  prepackaged by the original manufacturer and not repackaged;  and
(3)  marked on the immediate container to indicate that it is a sample or recorded in records that indicate it is a sample.
(c)  Each state and federal labeling and recordkeeping requirement must be followed and documented.  A record maintained under Subsection (b)(3) must be accessible as provided under state and federal law.
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 158 - Authority of Physician to Provide Certain Drugs and Supplies › Section 158.003. Dispensing of Dangerous Drugs in Certain Rural Areas

Sec. 158.003.  DISPENSING OF DANGEROUS DRUGS IN CERTAIN RURAL AREAS.  (a)  In this section, "reimbursement for cost" means an additional charge, separate from that imposed for the physician's professional services, that includes the cost of the drug product and all other actual costs to the physician incidental to providing the dispensing service.  The term does not include a separate fee imposed for the act of dispensing the drug itself.
(b)  This section applies to an area located in a county with a population of 5,000 or less, or in a municipality or an unincorporated town with a population of less than 2,500, that is within a 15-mile radius of the physician's office and in which a pharmacy is not located.  This section does not apply to a municipality or an unincorporated town that is adjacent to a municipality with a population of 2,500 or more.
(c)  A physician who practices medicine in an area described by Subsection (b) may:
(1)  maintain a supply of dangerous drugs in the physician's office to be dispensed in the course of treating the physician's patients;  and
(2)  be reimbursed for the cost of supplying those drugs without obtaining a license under Chapter 558.
(d)  A physician who dispenses dangerous drugs under Subsection (c) shall:
(1)  comply with each labeling provision under Subtitle J applicable to that class of drugs;  and
(2)  oversee compliance with packaging and recordkeeping provisions applicable to that class of drugs.
(e)  A physician who desires to dispense dangerous drugs under this section shall notify both the Texas State Board of Pharmacy and the board that the physician practices in an area described by Subsection (b).  The physician may continue to dispense dangerous drugs in the area until the Texas State Board of Pharmacy determines, after notice and hearing, that the physician no longer practices in an area described by Subsection (b).
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 159 - Physician-Patient Communication › Section 159.001. Definitions

Sec. 159.001.  DEFINITIONS.  In this chapter:
(1)  "Billing record" means a record that describes charges for services provided to a patient by a physician.
(2)  "Medical record" does not include a billing record.
(3)  "Patient" means a person who, to receive medical care, consults with or is seen by a physician.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 984, Sec. 1, eff. June 15, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 159 - Physician-Patient Communication › Section 159.002. Confidential Communications

Sec. 159.002.  CONFIDENTIAL COMMUNICATIONS.  (a)  A communication between a physician and a patient, relative to or in connection with any professional services as a physician to the patient, is confidential and privileged and may not be disclosed except as provided by this chapter.
(b)  A record of the identity, diagnosis, evaluation, or treatment of a patient by a physician that is created or maintained by a physician is confidential and privileged and may not be disclosed except as provided by this chapter.
(c)  A person who receives information from a confidential communication or record as described by this chapter, other than a person listed in Section 159.004 who is acting on the patient's behalf, may not disclose the information except to the extent that disclosure is consistent with the authorized purposes for which the information was first obtained.
(c-1)  No exception to the privilege of confidentiality under Section 159.003 or 159.004 may be construed to create an independent duty or requirement to disclose the confidential information to which the exception applies.
(d)  The prohibitions of this chapter continue to apply to a confidential communication or record relating to a patient regardless of when the patient receives the services of a physician, except for medical records at least 75 years old that are requested for historical research purposes.
(e)  The privilege of confidentiality may be claimed by the patient or by the physician.  The physician may claim the privilege of confidentiality only on behalf of the patient.  The physician's authority to claim the privilege is presumed in the absence of evidence to the contrary.
(f)  Notwithstanding any other provision of this chapter other than Sections 159.003(a)(10) and (c), a communication or record that is otherwise confidential and privileged under this section may be disclosed or released by a physician without the patient's authorization or consent if the disclosure or release is related to a judicial proceeding in which the patient is a party and the disclosure or release is requested under a subpoena issued under:
(1)  the Texas Rules of Civil Procedure;
(2)  the Code of Criminal Procedure; or
(3)  Chapter 121, Civil Practice and Remedies Code.
(g)  Subsection (f) does not prevent a physician from claiming, or otherwise limit the authority of a physician to claim, the privilege of confidentiality on behalf of a patient.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 462 (S.B. 1907), Sec. 3, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 354 (H.B. 1779), Sec. 1, eff. September 1, 2015.
Acts 2021, 87th Leg., R.S., Ch. 633 (H.B. 549), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 159 - Physician-Patient Communication › Section 159.004. Exceptions to Confidentiality in Other Situations

Sec. 159.004.  EXCEPTIONS TO CONFIDENTIALITY IN OTHER SITUATIONS.  (a)  An exception to the privilege of confidentiality in a situation other than a court or administrative proceeding, allowing disclosure of confidential information by a physician, exists only with respect to the following:
(1)  a governmental agency, if the disclosure is required or authorized by law;
(2)  medical, mental health, or law enforcement personnel, if the physician determines that there is a probability of:
(A)  imminent physical injury to the patient, the physician, or another person; or
(B)  immediate mental or emotional injury to the patient;
(3)  qualified personnel for research or for a management audit, financial audit, or program evaluation, but the personnel may not directly or indirectly identify a patient in any report of the research, audit, or evaluation or otherwise disclose identity in any manner;
(4)  those parts of the medical records reflecting specific services provided if necessary in the collection of fees for medical services provided by a physician, professional association, or other entity qualified to provide or arrange for medical services;
(5)  a person who has consent, as provided by Section 159.005;
(6)  a person, corporation, or governmental agency involved in the payment or collection of fees for medical services provided by a physician;
(7)  another physician or other personnel acting under the direction of the physician who participate in the diagnosis, evaluation, or treatment of the patient;
(8)  an official legislative inquiry regarding state hospitals or state schools, if:
(A)  information or a record that identifies a patient or client is not released for any purpose unless proper consent to the release is given by the patient; and
(B)  only records created by the state hospital or school or its employees are included; or
(9)  health care personnel of a penal or other custodial institution in which the patient is detained if the disclosure is for the sole purpose of providing health care to the patient.
(b)  No civil, criminal, or administrative cause of action exists against a physician for the disclosure of confidential information in accordance with Subsection (a)(2).  A cause of action brought against a physician for the disclosure of the confidential information must be dismissed with prejudice.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 984, Sec. 3, eff. June 15, 2001.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 633 (H.B. 549), Sec. 4, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 159 - Physician-Patient Communication › Section 159.005. Consent for Release of Confidential Information

Sec. 159.005.  CONSENT FOR RELEASE OF CONFIDENTIAL INFORMATION.  (a)  Consent for the release of confidential information must be in writing and signed by:
(1)  the patient;
(2)  a parent or legal guardian of the patient if the patient is a minor;
(3)  a legal guardian of the patient if the patient has been adjudicated incapacitated to manage the patient's personal affairs;
(4)  an attorney ad litem appointed for the patient, as authorized by:
(A)  Subtitle C, Title 7, Health and Safety Code;
(B)  Subtitle D, Title 7, Health and Safety Code;
(C)  Title 3, Estates Code; or
(D)  Chapter 107, Family Code; or
(5)  a personal representative of the patient if the patient is deceased.
(b)  The written consent must specify:
(1)  the billing records, medical records, or other information to be covered by the release;
(2)  the reasons or purposes for the release;  and
(3)  the person to whom the information is to be released.
(c)  The patient, or other person authorized to consent, is entitled to withdraw the consent to the release of any information.  Withdrawal of consent does not affect any information disclosed before the written notice of the withdrawal.
(d)  A patient may not bring an action against a physician for a disclosure made by the physician in good faith reliance on an authorized consent if the physician did not have written notice that the authorization was revoked.
(e)  A person who receives information made confidential by this subtitle may disclose the information only to the extent consistent with the authorized purposes for which consent to release the information is obtained.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 984, Sec. 4, eff. June 15, 2001.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.052, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 159 - Physician-Patient Communication › Section 159.006. Information Furnished by Physician

Sec. 159.006.  INFORMATION FURNISHED BY PHYSICIAN.  (a)  Unless the physician determines that access to the information would be harmful to the physical, mental, or emotional health of the patient, a physician who receives a written consent for release of information as provided by Section 159.005 shall furnish copies of the requested billing or medical records, or a summary or narrative of the records, including records received from a physician or other health care provider involved in the care or treatment of the patient.
(b)  The physician may delete confidential information about another patient or a family member of the patient who has not consented to the release.
(c)  In accordance with Section 159.005, on receipt of a written request by a subsequent or consulting physician of a patient of the requested physician, the requested physician shall furnish a copy of the complete billing or medical records of the patient to the subsequent or consulting physician.  The duty to provide billing or medical records to a subsequent or consulting physician may not be nullified by contract.
(d)  A physician shall provide the information requested under this section not later than the 15th business day after the date of receipt of the written consent for release under Subsection (a) or the written request under Subsection (c).
(e)  If the physician denies the request, in whole or in part, the physician shall:
(1)  furnish the patient with a written statement, signed and dated, providing the reason for the denial;  and
(2)  place a copy of the statement denying the request in the patient's:
(A)  billing records, if the request was for billing records;  or
(B)  medical records, if the request was for medical records.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 984, Sec. 5, eff. June 15, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 159 - Physician-Patient Communication › Section 159.0061. Appointment of Custodian of Physician's Records

Sec. 159.0061.  APPOINTMENT OF CUSTODIAN OF PHYSICIAN'S RECORDS.  (a)  The board by rule shall establish conditions under which the board may temporarily or permanently appoint a person as a custodian of a physician's billing or medical records.  In adopting rules under this section, the board shall consider the death of a physician, the mental or physical incapacitation of a physician, and the abandonment of billing or medical records by a physician.
(b)  The rules adopted under this section must provide for:
(1)  the release of the billing or medical records by an appointed custodian in compliance with this chapter;  and
(2)  a fee charged by the appointed custodian that is in addition to the copying fee governed by Section 159.008.
Added by Acts 2001, 77th Leg., ch. 984, Sec. 6, eff. June 15, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 159 - Physician-Patient Communication › Section 159.007. Medium by Which Information Is Provided

Sec. 159.007.  MEDIUM BY WHICH INFORMATION IS PROVIDED.  A person who is authorized to provide a copy of a record or a summary or narrative of the record to another person under this chapter may provide the copy, summary, or narrative on paper or using any other appropriate medium to which the person who is to provide and the person who is to receive the copy, summary, or narrative agree.
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 159 - Physician-Patient Communication › Section 159.008. Physician Fees for Information

Sec. 159.008.  PHYSICIAN FEES FOR INFORMATION.  (a)  Except as provided by Subsection (b), a physician:
(1)  may charge a reasonable fee, as prescribed by board rule, for copying billing or medical records;  and
(2)  is not required to permit examination or copying of the records until the fee is paid unless there is a medical emergency.
(b)  A physician may not charge a fee for copying billing or medical records under Subsection (a) to the extent the fee is prohibited under Subchapter M, Chapter 161, Health and Safety Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 984, Sec. 7, eff. June 15, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 159 - Physician-Patient Communication › Section 159.009. Injunction; Cause of Action for Unauthorized Release of Confidential Information

Sec. 159.009.  INJUNCTION;  CAUSE OF ACTION FOR UNAUTHORIZED RELEASE OF CONFIDENTIAL INFORMATION.  (a)  A person aggrieved by a violation of this chapter relating to the unauthorized release of confidential and privileged communications may petition the district court of the county in which the person resides, or in the case of a nonresident of the state, the district court of Travis County, for appropriate injunctive relief.  The petition takes precedence over all civil matters on the docketed court except those matters to which equal precedence on the docket is granted by law.
(b)  The aggrieved person may prove a cause of action for civil damages.
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 159 - Physician-Patient Communication › Section 159.010. Notice of Benefits Under State Child Health Plan

Sec. 159.010.  NOTICE OF BENEFITS UNDER STATE CHILD HEALTH PLAN.  A physician who provides Medicaid health care services to a pregnant woman shall inform the woman of the health benefits for which the woman or the woman's child may be eligible under the state child health plan under Chapter 62, Health and Safety Code.
Added by Acts 2005, 79th Leg., Ch. 349 (S.B. 1188), Sec. 24, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 159 - Physician-Patient Communication › Section 159.011. Information About Embryo Donation

Sec. 159.011.  INFORMATION ABOUT EMBRYO DONATION.  (a)  In this section:
(1)  "Assisted reproduction" has the meaning assigned by Section 160.102, Family Code.
(2)  "Embryo donation" means the act of transferring to another person a human embryo for implantation in any person who is not a genetic parent of the human embryo or the spouse of a genetic parent of the human embryo.
(3)  "Human embryo" means a genetically complete living organism of the species Homo sapiens, from the single-cell fertilized egg to the blastocyst stage.
(b)  A physician who performs on a patient an assisted reproduction procedure that involves the creation of a human embryo shall inform the patient of the option of embryo donation for unused human embryos.
Added by Acts 2017, 85th Leg., R.S., Ch. 331 (H.B. 785), Sec. 1, eff. September 1, 2017.
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 160.001. Application of Federal Law

Sec. 160.001.  APPLICATION OF FEDERAL LAW.  The Health Care Quality Improvement Act of 1986 (42 U.S.C. Section 11101 et seq.) applies to a professional review action or medical peer review conducted by a professional review body or medical peer review committee in this state on or after September 1, 1987.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.