reglab/statecodes huggingface dataset:
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 152.054. Chief Operating Officer; Medical Director

Sec. 152.054.  CHIEF OPERATING OFFICER;  MEDICAL DIRECTOR.  (a)  The executive director may employ a chief operating officer to:
(1)  administer, implement, and monitor systems and necessary measures to promote the quality and efficiency of board operations;  and
(2)  perform other duties as assigned by the executive director.
(b)  If the executive director is not a physician licensed to practice in this state, the executive director shall appoint a medical director who is:
(1)  a physician licensed to practice in this state;  and
(2)  primarily responsible for implementing and maintaining policies, systems, and measures regarding clinical and professional issues and determinations.
(c)  The chief operating officer or medical director acts under the supervision and at the direction of the executive director.
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 152.055. Personnel

Sec. 152.055.  PERSONNEL.  (a)  The board shall employ, compensate, and provide persons as determined necessary by the board to administer this subtitle, including administrators, clerks, employees, consultants, and professionals.
(b)  The board shall reimburse those persons for actual and necessary expenses, including investigation expenses, travel expenses, and other incidental expenses, incurred in the performance of official duties as determined by the board.
(c)  An employee of the board may not be employed by or paid a fee for services provided by a statewide or 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.
(d)  A person is not eligible to serve as an employee of the board if the person is related within the second degree by affinity or within the third degree by consanguinity, as determined under Chapter 573, Government Code, to a person who is employed by or paid a fee for services provided by an organization described by Subsection (c).
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 152.056. Division of Responsibilities

Sec. 152.056.  DIVISION OF RESPONSIBILITIES.  The board shall develop and implement policies that clearly separate the policy-making responsibilities of the board and the management responsibilities of the executive director and the staff 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. 1.10, eff. September 1, 2005.
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 152.057. Qualifications and Standards of Conduct Information

Sec. 152.057.  QUALIFICATIONS AND STANDARDS OF CONDUCT INFORMATION.  The board shall provide, as often as necessary, to its members and employees information regarding their:
(1)  qualifications for office or employment under this subtitle;  and
(2)  responsibilities under applicable laws relating to standards of conduct for state officers or employees.
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 152.058. Career Ladder; Annual Performance Evaluations

Sec. 152.058.  CAREER LADDER;  ANNUAL PERFORMANCE EVALUATIONS.  (a)  The executive director or the executive director's designee shall develop an intra-agency career ladder program.  The program must require intra-agency posting of all nonentry-level positions concurrently with any public posting.
(b)  The board shall develop a system of annual performance evaluations of the board's employees based on measurable job tasks.  Any merit pay authorized by the board must be based on the system established under this subsection.
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 152.059. Equal Employment Opportunity Policy; Report

Sec. 152.059.  EQUAL EMPLOYMENT OPPORTUNITY POLICY;  REPORT.  (a)  The executive director or the executive director's designee shall prepare and maintain a written policy statement to assure implementation of an equal employment opportunity program under which all personnel decisions are made without regard to race, color, disability, sex, religion, age, or national origin.  The policy statement must include:
(1)  personnel policies, including policies relating to recruitment, evaluation, selection, appointment, training, and promotion of personnel, that are in compliance with requirements adopted under Chapter 21, Labor Code;
(2)  a comprehensive analysis of the board's workforce that meets federal and state guidelines;
(3)  procedures by which a determination can be made of significant underuse in the board's workforce of all persons for whom federal or state guidelines encourage a more equitable balance;  and
(4)  reasonable methods to appropriately address those areas of significant underuse.
(b)  A policy statement prepared under Subsection (a) must:
(1)  cover an annual period;
(2)  be updated annually and reviewed by the Commission on Human Rights for compliance with requirements adopted under Chapter 21, Labor Code;  and
(3)  be filed with the governor.
(c)  The governor shall deliver a biennial report to the legislature based on the information received under Subsection (b).  The report may be made separately or as a part of other biennial reports made to the legislature.
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 153 - Powers and Duties › Subchapter A. General Powers and Duties of Board › Section 153.001. Adoption of Rules

Sec. 153.001.  ADOPTION OF RULES.  The board may adopt rules and bylaws as necessary to:
(1)  govern its own proceedings;
(2)  perform its duties;
(3)  regulate the practice of medicine in this state;  and
(4)  enforce 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 153 - Powers and Duties › Subchapter A. General Powers and Duties of Board › Section 153.0015. Guidelines for Input in Rulemaking

Sec. 153.0015.  GUIDELINES FOR INPUT IN RULEMAKING.  (a)  The board shall adopt guidelines to establish procedures for receiving input during the rulemaking process from individuals and groups that have an interest in matters under the board's jurisdiction, including input from the Texas Physician Assistant Board and the Texas State Board of Acupuncture Examiners.  The guidelines must provide an opportunity for those individuals and groups to provide input before the board provides notice of the proposed rule under Section 2001.023, Government Code.
(b)  The guidelines adopted under this section shall also include procedures for the board to receive comments on rules recommended by the physician assistant board or acupuncture board for adoption by the board.
(c)  A rule adopted by the board may not be challenged on the grounds that the board did not comply with this section.  If the board was unable to solicit a significant amount of input from the public or affected persons early in the rulemaking process, the board shall state in writing the reasons why the board was unable to do so.
Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 1.11, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 153 - Powers and Duties › Subchapter A. General Powers and Duties of Board › Section 153.002. Rules Restricting Advertising or Competitive Bidding

Sec. 153.002.  RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING.  (a)  The board may not adopt rules restricting advertising or competitive bidding by a person regulated by the board except to prohibit false, misleading, or deceptive practices by the person.
(b)  The board may not include in its rules to prohibit false, misleading, or deceptive practices by a person regulated by the board a rule that:
(1)  restricts the use of any advertising medium;
(2)  restricts the person's personal appearance or the use of the person's voice in an advertisement;
(3)  relates to the size or duration of an advertisement by the person;  or
(4)  restricts the person's advertisement under a trade name.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 153 - Powers and Duties › Subchapter A. General Powers and Duties of Board › Section 153.003. Rules Regarding Maintenance of Patient Records

Sec. 153.003.  RULES REGARDING MAINTENANCE OF PATIENT RECORDS.  (a)  The board by rule shall establish the period for which patient records must be maintained.
(b)  The rules adopted under this section must prohibit a physician from destroying a medical record from the forensic medical examination of a sexual assault victim conducted under Subchapter G, Chapter 56A, Code of Criminal Procedure, until the 20th anniversary of the date the record was created.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 357 (H.B. 531), Sec. 2, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 14.002, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 206 (S.B. 1401), Sec. 24, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 153 - Powers and Duties › Subchapter A. General Powers and Duties of Board › Section 153.004. Rules Regarding Telemedicine Medical Services

Sec. 153.004.  RULES REGARDING TELEMEDICINE MEDICAL SERVICES.  (a)  In consultation with the Health and Human Services Commission and the commissioner of insurance, the board may adopt rules as necessary to:
(1)  ensure that appropriate care is provided to Medicaid and Medicare patients who receive telemedicine medical services;  and
(2)  prevent abuse and fraud in the use of telemedicine medical services for Medicaid and Medicare patients.
(b)  The rules adopted under Subsection (a)(2) may include rules relating to filing of claims and records required to be maintained in relation to telemedicine medical services.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1255, Sec. 10, eff. June 15, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 153 - Powers and Duties › Subchapter A. General Powers and Duties of Board › Section 153.0045. Rules on Consequences of Criminal Conviction

Sec. 153.0045.  RULES ON CONSEQUENCES OF CRIMINAL CONVICTION.  The board shall adopt rules and guidelines as necessary to comply with Chapter 53, except to the extent the requirements of this subtitle are stricter than the requirements of that chapter.
Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 1.12, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 153 - Powers and Duties › Subchapter A. General Powers and Duties of Board › Section 153.005. Executive Committee; Appointment of Other Committees

Sec. 153.005.  EXECUTIVE COMMITTEE;  APPOINTMENT OF OTHER COMMITTEES.  (a)  Except as otherwise provided by this subtitle, the board may act under its rules through the executive director, the executive committee, or another committee.  Except as otherwise provided by this subtitle, the executive committee consists of the president, vice president, and secretary-treasurer of the board.
(b)  The board may appoint committees from its membership.  A committee appointed from the board membership shall:
(1)  consider matters relating to the enforcement of this subtitle and the rules adopted under this subtitle as referred to the committee;  and
(2)  make recommendations to the board regarding those matters.
(c)  Each committee must have at least one member who meets the qualifications for a physician member under Sections 152.002 and 152.003 and holds the degree of doctor of osteopathic medicine and one member who meets the qualifications for a public member under Section 152.003.  If a member appointed to a committee declines to accept the appointment or is determined to not be qualified under this subtitle to serve on the committee, the vacancy on the committee may be filled by any other board member regardless of qualification.
(d)  If members who meet the qualifications of Subsection (c) are not elected to the executive committee, the board shall appoint additional members to that committee so that at least one executive committee member meets the qualifications for a physician member under Sections 152.002 and 152.003 and holds the degree of doctor of osteopathic medicine and one executive committee member meets the qualifications for a public member under Section 152.003.
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 153 - Powers and Duties › Subchapter A. General Powers and Duties of Board › Section 153.006. Criminal Record Report

Sec. 153.006.  CRIMINAL RECORD REPORT.  (a)  The board may receive criminal record reports from any law enforcement agency or another source regarding a license holder or license applicant.
(b)  Each criminal record report received from the Department of Public Safety is for the exclusive use of the board and is privileged.  The report may not be released or otherwise disclosed to any person or agency by the board except on court order.
(c)  Repealed by Acts 2001, 77th Leg., ch. 1420, Sec. 14.023(d), eff. Sept. 1, 2001.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.023(d), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 153 - Powers and Duties › Subchapter A. General Powers and Duties of Board › Section 153.007. Authority to Issue Subpoena or Administer Oath; Subpoena Enforcement

Sec. 153.007.  AUTHORITY TO ISSUE SUBPOENA OR ADMINISTER OATH; SUBPOENA ENFORCEMENT.  (a)  The board may issue a subpoena or a subpoena duces tecum to compel the attendance of a witness and the production of books, records, and documents.  The board may administer oaths and take testimony regarding any matter within its jurisdiction.
(b)  The board may delegate the authority granted under Subsection (a) to the executive director or the secretary-treasurer of the board.
(c)  A subpoena issued at the request of the board staff may be served either personally by the board's investigators or by certified mail.
(d)  The board shall pay, for photocopies subpoenaed at the request of the board's staff, a reasonable fee in an amount not to exceed the amount the board may charge for copies of its records.
(e)  If a person fails to comply with a subpoena issued under this section, the board, acting through the attorney general, may file suit to enforce the subpoena in a district court in Travis County or in a county in which a hearing conducted by the board may be held.
(f)  On finding that good cause exists for issuing the subpoena, the court shall order the person to comply with the subpoena.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 534 (S.B. 315), Sec. 1, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 534 (S.B. 315), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 153 - Powers and Duties › Subchapter A. General Powers and Duties of Board › Section 153.008. Board Records

Sec. 153.008.  BOARD RECORDS.  (a)  The board shall maintain a record of its proceedings.  The record maintained under this subsection is public information.
(b)  The board's records must indicate whether an applicant was issued or denied a license.  The record constitutes prima facie evidence of each matter contained in the record.
(c)  A certified copy of a record maintained under this section, under the hand and seal of the executive director of the board, is admissible in evidence in all courts.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.023(a), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 153 - Powers and Duties › Subchapter A. General Powers and Duties of Board › Section 153.010. Adoption of Fee Schedule by Board Prohibited

Sec. 153.010.  ADOPTION OF FEE SCHEDULE BY BOARD PROHIBITED.  The board may not establish a fee schedule for medical services.
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 153 - Powers and Duties › Subchapter A. General Powers and Duties of Board › Section 153.011. Waiver of Fee or Penalty by Board Prohibited

Sec. 153.011.  WAIVER OF FEE OR PENALTY BY BOARD PROHIBITED.  The board may not waive collection of a fee or penalty assessed under this subtitle.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 153 - Powers and Duties › Subchapter A. General Powers and Duties of Board › Section 153.012. Board Duties Regarding Complaints

Sec. 153.012.  BOARD DUTIES REGARDING COMPLAINTS.  (a)  The board by rule shall:
(1)  adopt a form to standardize information concerning complaints made to the board;  and
(2)  prescribe information to be provided to a person when the person files a complaint with the board.
(b)  The board shall provide reasonable assistance to a person who wishes to file a complaint with 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 153 - Powers and Duties › Subchapter A. General Powers and Duties of Board › Section 153.013. Representation by Attorney General

Sec. 153.013.  REPRESENTATION BY ATTORNEY GENERAL.  The board shall be represented in court proceedings by the attorney general.
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 153 - Powers and Duties › Subchapter A. General Powers and Duties of Board › Section 153.014. Information Provided to License Holders

Sec. 153.014.  INFORMATION PROVIDED TO LICENSE HOLDERS.  At least once each biennium, the board shall provide to license holders information on:
(1)  prescribing and dispensing pain medications, with particular emphasis on Schedule II and Schedule III controlled substances;
(2)  abusive and addictive behavior of certain persons who use prescription pain medications;
(3)  common diversion strategies employed by certain persons who use prescription pain medications, including fraudulent prescription patterns;  and
(4)  the appropriate use of pain medications and the differences between addiction, pseudo-addiction, tolerance, and physical dependence.
Added by Acts 2003, 78th Leg., ch. 1163, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 153 - Powers and Duties › Subchapter A. General Powers and Duties of Board › Section 153.015. Poison Control Center Information

Sec. 153.015.  POISON CONTROL CENTER INFORMATION.  The board shall provide to license holders information regarding the services provided by poison control centers.
Added by Acts 2003, 78th Leg., ch. 1163, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 153 - Powers and Duties › Subchapter A. General Powers and Duties of Board › Section 153.016. Expert Testimony

Sec. 153.016.  EXPERT TESTIMONY.  A member of the board may not serve as an expert witness in a suit involving a health care liability claim against a physician for injury to or death of a patient.
Added by Acts 2007, 80th Leg., R.S., Ch. 880 (H.B. 1973), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 153 - Powers and Duties › Subchapter B. Fees and Funds › Section 153.051. Fees; Budget

Sec. 153.051.  FEES;  BUDGET.  (a)  The board by rule shall set reasonable and necessary fees in amounts sufficient to cover the cost of administering this subtitle.
(b)  The board may not adjust a fee established on or before September 1, 1993, to an amount less than the amount of the fee on September 1, 1993.
(c)  The board shall by annual budget determine the manner of handling the funds received under this subtitle and the purposes for which those funds may be used.  The budgeted expenses authorized by the board shall be paid from the funds received by the board and are not a charge on the general revenue of the state.
(d)  The board may not set, charge, collect, receive, or deposit any of the following fees in excess of:
(1)  $900 for a license;
(2)  $400 for a first registration permit;
(3)  $200 for a temporary license;
(4)  $400 for renewal of a registration permit;
(5)  $200 for a physician-in-training permit;
(6)  $600 for the processing of an application and the issuance of a registration for anesthesia in an outpatient setting;
(7)  $200 for an endorsement to other state medical boards;
(8)  $200 for a duplicate license;
(9)  $700 for a reinstated license after cancellation for cause; or
(10)  $15 for a surcharge under Section 153.053 to administer the Texas Physician Health Program, due at the time of license issuance and registration permit renewal.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.024(b), eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 202, Sec. 2, eff. June 10, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1345 (S.B. 292), Sec. 2(b), eff. September 1, 2009.
Acts 2023, 88th Leg., R.S., Ch. 827 (H.B. 1998), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 153 - Powers and Duties › Subchapter B. Fees and Funds › Section 153.052. Deposit and Expenditure of Receipts

Sec. 153.052.  DEPOSIT AND EXPENDITURE OF RECEIPTS.  (a)  The board shall deposit all receipts collected by the board in the state treasury.
(b)  The money collected by the board may be spent only as provided by the General Appropriations Act, this subtitle, or other applicable law for the:
(1)  enforcement of this subtitle;
(2)  prohibition of the unlawful practice of medicine;
(3)  dissemination of information to prevent the violation of the laws;  and
(4)  prosecution of those who violate the laws.
(c)  Distributions may be made only on the written approval of the executive director of the board or the executive director's designated representative.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.024(c), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 153 - Powers and Duties › Subchapter B. Fees and Funds › Section 153.053. Surcharge to Administer Texas Physician Health Program

Sec. 153.053.  SURCHARGE TO ADMINISTER TEXAS PHYSICIAN HEALTH PROGRAM.  (a)  The board shall collect an additional surcharge not to exceed $15 for each of the following fees:
(1)  first registration permit; and
(2)  renewal of a registration permit.
(b)  The board shall deposit each surcharge collected under this section to the credit of the Texas physician health program account. The Texas physician health program account is a special account in the general revenue fund.  Money in the special account shall be appropriated only to the board to pay for administration of the Texas Physician Health Program under Chapter 167, including paying for an initial evaluation by the program's medical director or the director's designee. Money in the special account may not be used to pay for program participant costs incurred for monitoring or for a program participant's own medical costs, including any further required evaluations, primary treatment, or continuing care.
Added by Acts 2023, 88th Leg., R.S., Ch. 827 (H.B. 1998), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 153 - Powers and Duties › Subchapter B. Fees and Funds › Section 153.0535. Surcharge for Registration Permit

Sec. 153.0535.  SURCHARGE FOR REGISTRATION PERMIT.  (a)  The board shall collect an additional $80 surcharge for each of the following fees:
(1)  first registration permit;  and
(2)  renewal of a registration permit.
(b)  The board shall deposit each surcharge collected to the credit of the public assurance account. The public assurance account is an account in the general revenue fund that shall be appropriated only to the board to pay for the board's licensure and enforcement programs, including the expert physician panel.
Added by Acts 2003, 78th Leg., ch. 202, Sec. 4, eff. June 10, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 448 (H.B. 7), Sec. 30, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 153 - Powers and Duties › Subchapter B. Fees and Funds › Section 153.054. Charges for Certain Records and Other Material

Sec. 153.054.  CHARGES FOR CERTAIN RECORDS AND OTHER MATERIAL.  The board may set and collect a fee for:
(1)  each copy made of a record in the office of the board;  or
(2)  any material published by the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.024(d), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 153 - Powers and Duties › Subchapter B. Fees and Funds › Section 153.055. Surcharge for Certain Searches Related to License Status

Sec. 153.055.  SURCHARGE FOR CERTAIN SEARCHES RELATED TO LICENSE STATUS.  (a)  The board shall set and collect an additional surcharge to cover the cost of administering a continuous query on the National Practitioner Data Bank as required by Section 154.006(m).  The surcharge shall be collected from each license holder for:
(1)  issuance of a first registration permit; and
(2)  renewal of a registration permit.
(b)  The board shall deposit each surcharge collected under this section to the credit of the public assurance account described by Section 153.0535(b).
Added by Acts 2023, 88th Leg., R.S., Ch. 827 (H.B. 1998), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 153 - Powers and Duties › Subchapter B. Fees and Funds › Section 153.056. Report on Pending Complaints

Sec. 153.056.  REPORT ON PENDING COMPLAINTS.  The board shall include with its annual financial report information regarding any investigations that remain pending after one year, including the reasons the investigations remain pending.  Information in the report under this section may not identify a patient for any purpose unless proper consent to the release is given by the patient.
Added by Acts 2003, 78th Leg., ch. 202, Sec. 5, eff. June 10, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 153 - Powers and Duties › Subchapter B. Fees and Funds › Section 153.057. Use of Technology

Sec. 153.057.  USE OF TECHNOLOGY.  The board shall implement a policy requiring the board to use appropriate technological solutions to improve the board's ability to perform its functions.  The policy must ensure that the public is able to interact with the board on the Internet.
Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 1.13, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 153 - Powers and Duties › Subchapter B. Fees and Funds › Section 153.058. Negotiated Rulemaking and Alternative Dispute Resolution Policy

Sec. 153.058.  NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION POLICY.  (a)  The board shall develop and implement a policy to encourage the use of:
(1)  negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of any rules by the board; and
(2)  appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the board's jurisdiction.
(b)  The board's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.
(c)  The board shall designate a trained person to:
(1)  coordinate the implementation of the policy adopted under Subsection (a);
(2)  serve as a resource for any training needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and
(3)  collect data concerning the effectiveness of those procedures, as implemented by the board.
Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 1.13, eff. September 1, 2005.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1231 (H.B. 1504), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 154 - Public Interest Information and Complaint Procedures › Subchapter A. Public Interest Information › Section 154.001. Public Interest Information

Sec. 154.001.  PUBLIC INTEREST INFORMATION.  (a)  The board shall prepare information of public interest describing the functions of the board and the procedures by which complaints are filed with and resolved by the board.
(b)  The board shall make the information available to the public and appropriate state agencies.
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 154 - Public Interest Information and Complaint Procedures › Subchapter A. Public Interest Information › Section 154.002. Information for Public Dissemination

Sec. 154.002.  INFORMATION FOR PUBLIC DISSEMINATION.  (a)  The board shall prepare:
(1)  an alphabetical list of the names of the license holders;
(2)  an alphabetical list of the names of the license holders by the county in which the license holder's principal place of practice is located;
(3)  a summary of the board's functions;
(4)  a copy of this subtitle and a list of other laws relating to the practice of medicine;
(5)  a copy of the board's rules;
(6)  a statistical report each fiscal year to the legislature and the public that provides aggregate information about all complaints received by the board categorized by type of complaint, including administrative, quality of care, medical error, substance abuse, other criminal behavior, and the disposition of those complaints by category;  and
(7)  other information considered appropriate by the board.
(b)  The board shall provide:
(1)  a copy of the information prepared under Subsection (a) to each person who requests a copy;  and
(2)  copies of the information prepared under Subsection (a) to each public library in this state that requests the copies.
(c)  The board shall make available on the board's Internet website a consumer guide to health care.  The board shall include information in the guide concerning the billing and reimbursement of health care services provided by physicians, including information that advises consumers that:
(1)  the charge for a health care service or supply will vary based on:
(A)  the person's medical condition;
(B)  any unknown medical conditions of the person;
(C)  the person's diagnosis and recommended treatment protocols; and
(D)  other factors associated with performance of the health care service;
(2)  the charge for a health care service or supply may differ from the amount to be paid by the consumer or the consumer's third-party payor;
(3)  the consumer may be personally liable for payment for the health care service or supply depending on the consumer's health benefit plan coverage; and
(4)  the consumer should contact the consumer's health benefit plan for accurate information regarding the plan structure, benefit coverage, deductibles, copayments, coinsurance, and other plan provisions that may impact the consumer's liability for payment for the health care services or supplies.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 202, Sec. 6, eff. June 10, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 997 (S.B. 1731), Sec. 7, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 154 - Public Interest Information and Complaint Procedures › Subchapter A. Public Interest Information › Section 154.003. Information for Physicians

Sec. 154.003.  INFORMATION FOR PHYSICIANS.  (a)  The board shall disseminate at least twice a year and at other times determined necessary by the board information of significant interest to the physicians of this state.  The information must include summaries of:
(1)  disciplinary orders made against physicians licensed in this state;
(2)  board activities and functions;
(3)  pertinent changes in this subtitle or board rules;  and
(4)  attorney general opinions.
(b)  The requirements of this section are in addition to the reporting requirements imposed under Section 164.060.
(c)  The board shall disseminate the information to:
(1)  each physician practicing in this state;
(2)  each health care entity and other board-designated health care institution operating in this state;
(3)  each member of a health-related legislative committee;
(4)  a member of the public who submits a written request;  and
(5)  public libraries throughout this state.
(d)  Except as provided by this subsection, the board shall publish information regarding errors in and reversals of disciplinary actions taken by the board.  The information to be published under this subsection includes instances in which a disciplinary action initiated by the board is overturned by a court.  The board shall disseminate the information under this subsection in the same format, size, style, and manner as the information regarding the original action by the board was disseminated.  The board may not publish information under this subsection if the physician who was the subject of the disciplinary action requests that the information not be published.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 1.14, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 154 - Public Interest Information and Complaint Procedures › Subchapter A. Public Interest Information › Section 154.004. Disclosure of Disciplinary Orders

Sec. 154.004.  DISCLOSURE OF DISCIPLINARY ORDERS.  (a)  On written request the board shall make available to the general public on payment of a reasonable fee to cover expenses and to appropriate state agencies information that includes:
(1)  a summary of any previous disciplinary order by the board against a specific physician licensed in this state;
(2)  the date of the order;  and
(3)  the current status of the order.
(b)  If the board is not required under other state law to establish a toll-free telephone number, the board shall establish an eight-hour toll-free telephone number to make the information required by this section immediately available to any caller.
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 154 - Public Interest Information and Complaint Procedures › Subchapter A. Public Interest Information › Section 154.005. Public Participation

Sec. 154.005.  PUBLIC PARTICIPATION.  (a)  The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the board's jurisdiction.
(b)  The board shall prepare and maintain a written plan that describes how a person who does not speak English may be provided reasonable access to the board's programs.
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 154 - Public Interest Information and Complaint Procedures › Subchapter B. Complaint Procedures › Section 154.051. Complaint Initiation

Sec. 154.051.  COMPLAINT INITIATION.  (a)  The board by rule shall establish methods by which members of the public and license holders are notified of the name, mailing address, and telephone number of the board for the purpose of directing complaints to the board.  The board may provide for that notice:
(1)  on each registration form, application, or written contract for services of a person or entity regulated under this subtitle;
(2)  on a sign prominently displayed in the place of business of each person or entity regulated under this subtitle;  or
(3)  in a bill for service provided by a person or entity regulated under this subtitle.
(b)  The board shall list with its regular telephone number any toll-free telephone number established under other state law that may be called to present a complaint about a health professional.
(c)  A person, including a partnership, association, corporation, or other entity, may file a complaint against a license holder with the board.  The board may file a complaint on its own initiative.
(d)  The board may not consider or act on a complaint involving care provided more than seven years before the date on which the complaint is received by the board unless the care was provided to a minor or the care involves a complaint under Subsection (d-1).  If the care was provided to a minor, the board may not consider or act on a complaint involving the care after the later of:
(1)  the date the minor is 21 years of age; or
(2)  the seventh anniversary of the date of the care.
(d-1)  The board may not consider or act on a complaint involving an alleged violation of Section 22.011(b)(12), Penal Code, that occurred more than seven years before the date on which the complaint is received by the board or more than 2 years from the date the complainant knew or should have known of the facts giving rise to the complaint, whichever is later.
(e)  On receipt of a complaint, the board may consider a previously investigated complaint to determine whether there is a pattern of practice violating this subtitle.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1349 (H.B. 680), Sec. 1, eff. September 1, 2011.
Acts 2021, 87th Leg., R.S., Ch. 620 (S.B. 1895), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 154 - Public Interest Information and Complaint Procedures › Subchapter B. Complaint Procedures › Section 154.052. Records of Complaints

Sec. 154.052.  RECORDS OF COMPLAINTS.  The board shall maintain a system to promptly and efficiently act on complaints filed with the board.  The board shall maintain information about:
(1)  the parties to the complaint;
(2)  the subject matter of the complaint;
(3)  a summary of the results of the review or investigation of the complaint; and
(4)  the disposition of the complaint.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 1.15, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 154 - Public Interest Information and Complaint Procedures › Subchapter B. Complaint Procedures › Section 154.053. Notification Concerning Complaint

Sec. 154.053.  NOTIFICATION CONCERNING COMPLAINT.  (a)  The board shall notify a physician who is the subject of a complaint filed with the board that a complaint has been filed and shall notify the physician of the nature of the complaint unless the notice would jeopardize an investigation.
(b)  Each party shall be notified of the projected time requirements for pursuing the complaint.  Each party to the complaint must be notified of a change in the schedule not later than the 14th day after the date the change is made unless the notice would jeopardize an investigation.
(c)  The board shall periodically notify the parties to the complaint of the status of the complaint until final disposition unless the notice would jeopardize an investigation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 1.16, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 154 - Public Interest Information and Complaint Procedures › Subchapter B. Complaint Procedures › Section 154.0535. Requirements for Certain Complaints

Sec. 154.0535.  REQUIREMENTS FOR CERTAIN COMPLAINTS.  (a)  In this section:
(1)  "Anonymous complaint" means a complaint that lacks sufficient information to identify the source or the name of the person who filed the complaint.
(2)  "Insurance agent" means a person licensed under Chapter 4054, Insurance Code.
(3)  "Insurer" means an insurance company or other entity authorized to engage in the business of insurance under Subtitle C, Title 6, Insurance Code.
(4)  "Third-party administrator" means a person required to have a certificate of authority under Chapter 4151, Insurance Code.
(b)  The board may not accept anonymous complaints.
(c)  Notwithstanding any confidentiality requirements under Chapter 552, Government Code, this subtitle, or rules adopted under this subtitle, a complaint filed with the board by an insurance agent, insurer, pharmaceutical company, or third-party administrator against a physician must include the name and address of the insurance agent, insurer, pharmaceutical company, or third-party administrator filing the complaint.  Not later than the 15th day after the date the complaint is filed with the board, the board shall notify the physician who is the subject of the complaint of the name and address of the insurance agent, insurer, pharmaceutical company, or third-party administrator who filed the complaint, unless the notice would jeopardize an investigation.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1349 (H.B. 680), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 154 - Public Interest Information and Complaint Procedures › Subchapter B. Complaint Procedures › Section 154.054. Complaint Information to Health Care Entity

Sec. 154.054.  COMPLAINT INFORMATION TO HEALTH CARE ENTITY.  On written request, the board shall provide information to a health care entity regarding:
(1)  a complaint filed against a license holder that was resolved after investigation by:
(A)  a disciplinary order of the board;  or
(B)  an agreed settlement;  and
(2)  the basis of and current status of any complaint under active investigation that has been assigned by the executive director to a person authorized by the board to pursue legal action.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 202, Sec. 8, eff. June 10, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 154 - Public Interest Information and Complaint Procedures › Subchapter B. Complaint Procedures › Section 154.055. Release of Complaint Information to Legislative Committee

Sec. 154.055.  RELEASE OF COMPLAINT INFORMATION TO LEGISLATIVE COMMITTEE.  (a)  On request from a legislative committee created under Subchapter B, Chapter 301, Government Code, the board shall release all information regarding a complaint against a physician to aid in a legitimate legislative inquiry.  The board may release the information only to the members of the committee.
(b)  In complying with a request under Subsection (a), the board may not identify the complainant or the patient and may reveal the identity of the affected physician only to the members of the committee.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 154 - Public Interest Information and Complaint Procedures › Subchapter B. Complaint Procedures › Section 154.0561. Procedures for Expert Physician Review

Sec. 154.0561.  PROCEDURES FOR EXPERT PHYSICIAN REVIEW.  (a)  A physician on the expert physician panel authorized by Section 154.056(e) who is selected to review a complaint shall:
(1)  determine whether the physician who is the subject of the complaint has violated the standard of care applicable to the circumstances; and
(2)  issue a preliminary written report of that determination.
(b)  A second expert physician reviewer shall review the first physician's preliminary report and other information associated with the complaint.  If the second expert physician agrees with the first expert physician, the first physician shall issue a final written report on the matter.
(c)  If the second expert physician does not agree with the conclusions of the first expert physician, a third expert physician reviewer shall review the preliminary report and information and decide between the conclusions reached by the first two expert physicians.  The final written report shall be issued by the third physician or the physician with whom the third physician concurs.
(d)  In reviewing a complaint, the expert physician reviewers assigned to examine the complaint may consult and communicate with each other about the complaint in formulating their opinions and reports.
Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 1.18, eff. September 1, 2005.