Texas Occupations Code

Legal Research Home > Texas Lawyer > Occupations Code > Texas Occupations Code

• Texas Occupations Code Section 1.001 - Purpose Of Code
  (a) This code is enacted as a part of the state's continuing statutory revision program, begun by the Texas Legislative Council in 1963 as directed ...
• Texas Occupations Code Section 1.002 - Construction Of Code
  Chapter 311, Government Code (Code Construction Act), applies to the construction of each provision in this code except as otherwise expressly provided by this code. ...
• Texas Occupations Code Section 1.003 - Reference In Law To Statute Revised By Code
  A reference in a law to a statute or a part of a statute revised by this code is considered to be a reference to ...
• Texas Occupations Code Section 51.001 - Definitions
  In this chapter: (1) "Commission" means the Texas Commission of Licensing and Regulation. (2) "Department" means the Texas Department of Licensing and Regulation. (3) "License" ...
• Texas Occupations Code Section 51.002 - Application Of Sunset Act
  The Texas Commission of Licensing and Regulation and the Texas Department of Licensing and Regulation are subject to Chapter 325, Government Code (Texas Sunset Act). ...
• Texas Occupations Code Section 51.003 - Applicability
  This chapter applies to each regulatory program administered by the department, including any program under which a license is issued by the department. Added by ...
• Texas Occupations Code Section 51.051 - Texas Department Of Licensing And Regulation
  (a) The Texas Department of Licensing and Regulation is the primary state agency responsible for the oversight of businesses, industries, general trades, and occupations that ...
• Texas Occupations Code Section 51.052 - Appointment Of Commission
  (a) The commission consists of seven members appointed by the governor with the advice and consent of the senate. (b) Appointments to the commission shall ...
• Texas Occupations Code Section 51.053 - Commission Membership; Eligibility
  (a) Each member of the commission must be a representative of the general public. (b) A person is not eligible for appointment as a member ...
• Texas Occupations Code Section 51.0535 - Conflict Of Interest
  (a) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to ...
• Texas Occupations Code Section 51.054 - Training
  (a) A person who is appointed to and qualifies for office as a member of the commission may not vote, deliberate, or be counted as ...
• Texas Occupations Code Section 51.055 - Terms; Vacancy
  (a) Members of the commission serve staggered six-year terms. The terms of two or three members expire on February 1 of each odd-numbered year. (b) ...
• Texas Occupations Code Section 51.056 - Presiding Officer
  (a) The governor shall designate a member of the commission as the presiding officer of the commission to serve in that capacity at the pleasure ...
• Texas Occupations Code Section 51.057 - Grounds For Removal
  (a) It is a ground for removal from the commission that a member: (1) does not have at the time of taking office the qualifications ...
• Texas Occupations Code Section 51.058 - Compensation; Reimbursement
  (a) A commission member may not receive compensation for service on the commission. (b) A commission member is entitled to reimbursement for actual and necessary ...
• Texas Occupations Code Section 51.059 - Meetings
  (a) The commission shall meet at least once in each quarter of the fiscal year. (b) The commission may meet at other times at the ...
• Texas Occupations Code Section 51.060 - Civil Liability
  A member of the commission is not liable in a civil action for an act performed in good faith while performing duties as a commission ...
• Texas Occupations Code Section 51.101 - Executive Director
  The commission shall appoint the executive director of the department. The executive director serves at the will of the commission. Acts 1999, 76th Leg., ch. ...
• Texas Occupations Code Section 51.103 - Executive Director Powers And Duties
  (a) The executive director shall: (1) perform any duties assigned by the commission and other duties specified by law; (2) administer and enforce the department's ...
• Texas Occupations Code Section 51.104 - Personnel
  The executive director may employ persons to perform the department's work and may prescribe their duties and compensation, subject to the personnel policies adopted by ...
• Texas Occupations Code Section 51.105 - Division Of Responsibilities
  The commission shall develop and implement policies that clearly separate the policy-making responsibilities of the commission and the management responsibilities of the executive director and ...
• Texas Occupations Code Section 51.106 - Information On Standards Of Conduct
  The executive director or the executive director's designee shall provide to members of the commission and to department employees, as often as necessary, information regarding ...
• Texas Occupations Code Section 51.107 - Career Ladder Program; Performance Evaluations
  (a) The executive director shall develop a career ladder program. The program must require intra-agency postings of all nonentry level positions concurrently with any public ...
• Texas Occupations Code Section 51.108 - Equal Employment Opportunity Policy
  (a) The executive director or the executive director's designee shall prepare and maintain a written policy statement that implements a program of equal employment opportunity ...
• Texas Occupations Code Section 51.109 - State Employee Incentive Program
  The executive director or the executive director's designee shall provide to department employees information and training on the benefits and methods of participation in the ...
• Texas Occupations Code Section 51.201 - General Powers And Duties Of Commission
  (a) The commission shall: (1) supervise the executive director's administration of the department; (2) formulate the policy objectives for the department; and (3) approve the ...
• Texas Occupations Code Section 51.202 - Fees
  (a) The commission shall set fees, in amounts reasonable and necessary to cover the costs of administering the programs or activities, for: (1) licenses issued ...
• Texas Occupations Code Section 51.203 - Rules Regarding Programs Regulated By Department
  The commission shall adopt rules as necessary to implement each law establishing a program regulated by the department. Acts 1999, 76th Leg., ch. 388, § ...
• Texas Occupations Code Section 51.204 - Rules Restricting Advertising Or Competitive Bidding
  (a) The commission may not adopt rules restricting advertising or competitive bidding by a license holder except to prohibit false, misleading, or deceptive practices. (b) ...
• Texas Occupations Code Section 51.207 - Use Of Technology
  The commission shall develop and implement a policy requiring the executive director and department employees to research and propose appropriate technological solutions to improve the ...
• Texas Occupations Code Section 51.208 - Negotiated Rulemaking And Alternative Dispute Resolution Procedures
  (a) The commission shall develop and implement a policy to encourage the use of: (1) negotiated rulemaking procedures under Chapter 2008, Government Code, for the ...
• Texas Occupations Code Section 51.251 - Public Interest Information
  (a) The department shall prepare information of public interest describing the functions of the commission and department and the procedures by which complaints are filed ...
• Texas Occupations Code Section 51.252 - Complaints
  (a) The executive director shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the ...
• Texas Occupations Code Section 51.253 - Public Participation
  (a) The commission shall develop and implement policies that provide the public with a reasonable opportunity to appear before the commission and to speak on ...
• Texas Occupations Code Section 51.301 - Imposition Of Penalty
  The executive director or commission may impose an administrative penalty against a person who violates: (1) a law establishing a regulatory program administered by the ...
• Texas Occupations Code Section 51.302 - Amount Of Penalty
  (a) If the relevant law establishing a program regulated by the department does not state the maximum amount of an administrative penalty under that law, ...
• Texas Occupations Code Section 51.3025 - Imposition Of Sanction
  A proceeding under this subchapter imposing an administrative penalty may be combined with a proceeding to impose an administrative sanction. If a sanction is imposed ...
• Texas Occupations Code Section 51.303 - Notice Of Violation And Penalty
  If, after investigation of a possible violation and the facts surrounding the possible violation, the department determines that a violation occurred, the department shall issue ...
• Texas Occupations Code Section 51.304 - Penalty To Be Paid Or Hearing Requested
  (a) Not later than the 20th day after the date the respondent receives the notice, the respondent may: (1) accept the department's determination and recommended ...
• Texas Occupations Code Section 51.305 - Hearing On Recommendations
  (a) If the respondent requests a hearing, the hearing shall be conducted by the State Office of Administrative Hearings. (b) The State Office of Administrative ...
• Texas Occupations Code Section 51.306 - Decision By Commission
  (a) Based on the findings of fact, conclusions of law, and proposal for decision, the commission by order may determine that: (1) a violation occurred ...
• Texas Occupations Code Section 51.307 - Options Following Decision: Pay Or Appeal
  (a) Not later than the 30th day after the date the commission's order becomes final, the respondent shall: (1) pay the penalty; or (2) file ...
• Texas Occupations Code Section 51.308 - Collection Of Penalty
  If the person on whom the administrative penalty is imposed violates Section 51.307(a), the department or the attorney general may bring an action to collect ...
• Texas Occupations Code Section 51.309 - Remittance Of Penalty And Interest
  (a) If, after judicial review, the administrative penalty is reduced or not imposed, the executive director shall: (1) remit to the person the appropriate amount, ...
• Texas Occupations Code Section 51.310 - Administrative Procedure
  (a) The executive director by rule shall prescribe procedures for the determination and appeal of a decision to impose an administrative penalty. (b) A proceeding ...
• Texas Occupations Code Section 51.351 - Inspections And Investigations
  (a) The department may conduct inspections or investigations as necessary to enforce the laws administered by the department. (b) The department, during reasonable business hours, ...
• Texas Occupations Code Section 51.352 - Injunctive Relief; Civil Penalty
  (a) The attorney general or the executive director may institute an action for injunctive relief to restrain a violation by and to collect a civil ...
• Texas Occupations Code Section 51.353 - Administrative Sanctions
  (a) The commission shall revoke, suspend, or refuse to renew a license or shall reprimand a license holder for a violation of this chapter, a ...
• Texas Occupations Code Section 51.354 - Right To Hearing; Administrative Procedure
  (a) A respondent is entitled to a hearing conducted by the State Office of Administrative Hearings if the executive director proposes to deny, suspend, or ...
• Texas Occupations Code Section 51.401 - License Expiration And Renewal
  (a) A person who is otherwise eligible to renew a license may renew an unexpired license by paying the required renewal fee to the department ...
• Texas Occupations Code Section 51.402 - Examinations
  (a) Not later than the 30th day after the date a person takes a license examination, the department shall notify the person of the results ...
• Texas Occupations Code Section 51.403 - Examination Fee Refund
  (a) The department may refund a license examination fee to a person who is unable to take the examination if the person: (1) provides reasonable ...
• Texas Occupations Code Section 51.404 - Endorsement; Reciprocity
  (a) The commission may waive any prerequisite to obtaining a license for an applicant after reviewing the applicant's credentials and determining that the applicant holds ...
• Texas Occupations Code Section 51.405 - Continuing Education
  The commission shall recognize, prepare, or administer continuing education programs for license holders. A license holder must participate in the programs to the extent required ...
• Texas Occupations Code Section 51.406 - Staggered Renewal Of Licenses
  The commission by rule may adopt a system under which licenses expire on various dates during the year. For the year in which the license ...
• Texas Occupations Code Section 51.451 - Definition
  In this subchapter, "licensing entity" means a department, commission, board, office, authority, or other agency or governmental entity of this state that issues an occupational ...
• Texas Occupations Code Section 51.452 - Telephone Information System
  The department shall establish and operate a toll-free telephone information system to provide assistance and referral services for persons who inquire about a program regulated ...
• Texas Occupations Code Section 52.001 - Transfer Of License Permitted
  Except as otherwise provided by law, a person who owns or holds a license to engage in an occupation issued in accordance with the laws ...
• Texas Occupations Code Section 52.002 - Authority To Engage In Occupation After Acquiring License
  A person who purchases or is assigned a license to engage in an occupation may engage in that occupation under the license during the unexpired ...
• Texas Occupations Code Section 52.003 - Multiple Holders Of Single License Prohibited
  This chapter does not permit two or more persons to engage in the same occupation under one license at the same time. Acts 1999, 76th ...
• Texas Occupations Code Section 52.004 - Sale Of Certain Licenses
  (a) A license held by a person to engage in an occupation is considered an asset of the person and may be sold in the ...
• Texas Occupations Code Section 53.001 - Applicability Of Certain Definitions
  The definitions provided by Chapter 2001, Government Code, apply to this chapter. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. ...
• Texas Occupations Code Section 53.002 - Applicability Of Chapter
  This chapter does not apply to: (1) the Supreme Court of Texas, a person licensed under the court's authority on behalf of the judicial department ...
• Texas Occupations Code Section 53.021 - Authority To Revoke, Suspend, Or Deny License
  (a) A licensing authority may suspend or revoke a license, disqualify a person from receiving a license, or deny to a person the opportunity to ...
• Texas Occupations Code Section 53.022 - Factors In Determining Whether Conviction Relates To Occupation
  In determining whether a criminal conviction directly relates to an occupation, the licensing authority shall consider: (1) the nature and seriousness of the crime; (2) ...
• Texas Occupations Code Section 53.023 - Additional Factors For Licensing Authority To Consider
  (a) In determining the fitness to perform the duties and discharge the responsibilities of the licensed occupation of a person who has been convicted of ...
• Texas Occupations Code Section 53.024 - Proceedings Governed By Administrative Procedure Act
  A proceeding before a licensing authority to establish factors required to be considered under this subchapter is governed by Chapter 2001, Government Code. Acts 1999, ...
• Texas Occupations Code Section 53.025 - Guidelines
  (a) Each licensing authority shall issue guidelines relating to the practice of the licensing authority under this chapter. The guidelines must state the reasons a ...
• Texas Occupations Code Section 53.051 - Notice
  A licensing authority that suspends or revokes a license or denies a person a license or the opportunity to be examined for a license because ...
• Texas Occupations Code Section 53.052 - Judicial Review
  (a) A person whose license has been suspended or revoked or who has been denied a license or the opportunity to take an examination under ...
• Texas Occupations Code Section 54.001 - Definitions
  In this chapter: (1) "Religious holy day" means a day on which the tenets of a religious organization prohibit the organization's members from participating in ...
• Texas Occupations Code Section 54.002 - Examination Scheduled On Religious Holy Day
  (a) Each state agency shall adopt a procedure to permit an examinee who wishes to observe a religious holy day on which the person's religious ...
• Texas Occupations Code Section 55.001 - Definitions
  In this chapter: (1) "License" means a license, certificate, registration, permit, or other form of authorization required by law or a state agency rule that ...
• Texas Occupations Code Section 55.002 - Exemption From Penalty For Failure To Renew License
  A state agency that issues a license shall adopt rules to exempt an individual who holds a license issued by the agency from any increased ...
• Texas Occupations Code Section 55.003 - Extension Of Certain Deadlines For Active Duty Military Personnel
  A person who holds a license, is a member of the state military forces or a reserve component of the armed forces of the United ...
• Texas Occupations Code Section 56.001 - Definitions
  In this chapter: (1) "Administering entity" means a governmental entity that administers a student loan, student loan repayment, or scholarship program. (2) "License" means a ...
• Texas Occupations Code Section 56.002 - Applicability
  This chapter applies only to the following licensing authorities: (1) Texas Board of Chiropractic Examiners; (2) State Board of Dental Examiners; (3) Texas State Board ...
• Texas Occupations Code Section 56.003 - Authority To Take Action In Event Of Default Or Breach
  On receipt of information from an administering entity that a person has defaulted on a student loan or has breached a student loan repayment contract ...
• Texas Occupations Code Section 56.004 - Rebuttable Presumption
  A determination by an administering entity that a person has defaulted on a student loan or has breached a student loan repayment contract or scholarship ...
• Texas Occupations Code Section 56.005 - Rescission Of Action
  A licensing authority may rescind any action taken under Section 56.003 on the receipt of information from an administering entity that the person against whom ...
• Texas Occupations Code Section 56.006 - Reinstatement Of Action
  A licensing authority may reinstate any action taken under Section 56.003 and may take other disciplinary action on the receipt of information from an administering ...
• Texas Occupations Code Section 57.001 - Definitions
  In this chapter: (1) "License" means a license, certificate, registration, permit, or other form of authorization required by law or a state agency rule that ...
• Texas Occupations Code Section 57.002 - Requirements For Governing Board Membership
  A person may not be required to be a member of a private trade association as a precondition to serving as a member of the ...
• Texas Occupations Code Section 58.001 - Definitions
  In this chapter: (1) "DNA" means deoxyribonucleic acid. (2) "Family health history" means a history taken by a physician or genetic professional to ascertain genetic ...
• Texas Occupations Code Section 58.051 - Certain Uses Of Genetic Information Prohibited
  A licensing authority may not deny an application for an occupational license, suspend, revoke, or refuse to renew an occupational license, or take any other ...
• Texas Occupations Code Section 58.052 - Destruction Of Sample Material; Exceptions
  A sample of genetic material obtained from an individual for a genetic test shall be destroyed promptly after the purpose for which the sample was ...
• Texas Occupations Code Section 58.101 - Disclosure Of Test Results To Individual Tested
  An individual who submits to a genetic test has the right to know the results of the test. On written request by the individual, the ...
• Texas Occupations Code Section 58.102 - Confidentiality Of Genetic Information
  (a) Except as provided by Section 58.103, genetic information is confidential and privileged regardless of the source of the information. (b) A person who holds ...
• Texas Occupations Code Section 58.103 - Exceptions To Confidentiality
  (a) Subject to Subchapter G, Chapter 411, Government Code, genetic information may be disclosed without an authorization under Section 58.104 if the disclosure is: (1) ...
• Texas Occupations Code Section 58.104 - Authorized Disclosure
  An individual or the legal representative of an individual may authorize disclosure of genetic information relating to the individual by a written authorization that includes: ...
• Texas Occupations Code Section 58.105 - Civil Penalty
  (a) A person who discloses genetic information in violation of Sections 58.102-58.104 is liable for a civil penalty not to exceed $10,000. (b) The attorney ...
• Texas Occupations Code Section 59.001 - Confidentiality Of Social Security Number
  The social security number of an applicant for or holder of a license, certificate of registration, or other legal authorization issued by a licensing agency ...
• Texas Occupations Code Section 101.001 - Health Professions Council
  In this chapter, "council" means the Health Professions Council. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. ...
• Texas Occupations Code Section 101.002 - Composition Of Council
  The council consists of 14 members, with one member appointed by each of the following: (1) the Texas Board of Chiropractic Examiners; (2) the State ...
• Texas Occupations Code Section 101.003 - Officers
  The council shall elect from the council's members a presiding officer and assistant presiding officer to conduct the business of the council. Acts 1999, 76th ...
• Texas Occupations Code Section 101.004 - Compensation Of Members
  A member of the council is not entitled to receive compensation or a per diem for the member's service on the council. Acts 1999, 76th ...
• Texas Occupations Code Section 101.005 - Council Staff
  The council may employ staff or designate staff for the council from the employees of the regulatory agencies listed in Section 101.002 as necessary for ...
• Texas Occupations Code Section 101.006 - Budget
  The council shall adopt an annual budget that is funded by a prorated assessment paid by the regulatory agencies listed in Section 101.002. Acts 1999, ...
• Texas Occupations Code Section 101.007 - Duties Of Council
  The council shall: (1) administer the functions provided by this chapter; and (2) provide a means for the regulatory agencies represented on the council to ...
• Texas Occupations Code Section 101.051 - Telephone Complaint System
  The council shall establish and operate a toll-free telephone complaint system to provide assistance and referral services for persons making a complaint relating to a ...
• Texas Occupations Code Section 101.0515 - Applicability Of Subchapter
  This subchapter does not apply to the Texas Funeral Service Commission. Added by Acts 2001, 77th Leg., ch. 682, § 1.02, eff. Sept. 1, 2001. ...
• Texas Occupations Code Section 101.052 - Telephone Listing
  A state agency that regulates a health profession shall list the toll-free telephone number of the complaint system with the agency's regular telephone number. Acts ...
• Texas Occupations Code Section 101.053 - Confidentiality
  A complaint, adverse report, or other information regarding the content of a complaint in the possession of the council or its employee or agent relating ...
• Texas Occupations Code Section 101.101 - Training Program
  (a) The council shall establish a training program for the governing bodies of state agencies that regulate health professions. (b) Before a member of a ...
• Texas Occupations Code Section 101.102 - Program Requirements
  The training program must provide information to a participant regarding: (1) the enabling legislation that created the governing body to which the member is appointed; ...
• Texas Occupations Code Section 101.151 - Annual Report
  (a) The council shall prepare an annual report that includes: (1) a statistical compilation of enforcement actions taken by a regulatory agency listed in Section ...
• Texas Occupations Code Section 101.201 - False, Misleading, Or Deceptive Advertising
  (a) A person may not use advertising that is false, misleading, deceptive, or not readily subject to verification. (b) False, misleading, or deceptive advertising or ...
• Texas Occupations Code Section 101.202 - Failure To Provide Billing Information
  On the written request of a patient, a health care professional shall provide, in plain language, a written explanation of the charges for professional services ...
• Texas Occupations Code Section 101.203 - Overcharging Or Overtreating
  A health care professional may not violate Section 311.0025, Health and Safety Code. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. ...
• Texas Occupations Code Section 101.204 - Remedies
  (a) A violation of this subchapter is subject to action by the appropriate health licensing agency as a ground for revocation or denial of a ...
• Texas Occupations Code Section 101.251 - Civil Penalty
  (a) A person who violates this chapter is liable to the state for a civil penalty in an amount not to exceed $1,000 for each ...
• Texas Occupations Code Section 101.252 - Injunction
  (a) The attorney general or the appropriate health licensing agency may bring an action for an injunction to stop a violation or threatened violation of ...
• Texas Occupations Code Section 101.253 - Remedies Not Exclusive
  The remedies provided by this chapter are in addition to any other remedy provided by law, including rules. Acts 1999, 76th Leg., ch. 388, § ...
• Texas Occupations Code Section 101.301 - General Provisions
  (a) In this subchapter: (1) "Consumers as a class" means five or more individuals whose complaints are of the same or similar regulatory and factual ...
• Texas Occupations Code Section 101.302 - Executive Committee; Director
  (a) The governor shall appoint an executive committee consisting of at least three members who are public members of the governing bodies of licensing agencies. ...
• Texas Occupations Code Section 101.303 - Administrative Attachment To Council; Reimbursement
  The office is located in the council but may not interfere with the other duties of the council. The office shall reimburse the council from ...
• Texas Occupations Code Section 101.304 - Public Information Provided By Office; Standard Complaint Form
  (a) The office shall provide to the public information about the complaint process at each licensing agency. (b) The office shall conduct a public awareness ...
• Texas Occupations Code Section 101.305 - Powers And Duties Of Office
  (a) The office shall: (1) establish, in consultation with and on the approval of the council, protocols for interaction with licensing agencies; (2) serve as ...
• Texas Occupations Code Section 101.306 - Monitoring Of Agencies
  (a) The office shall review and evaluate rules proposed for adoption by the licensing agencies and changes made to the statutes that govern the operation ...
• Texas Occupations Code Section 101.307 - Funding Of Office
  (a) To provide funding sufficient for the office to exercise the powers and duties prescribed by this subchapter: (1) the initial licensing or registration fee ...
• Texas Occupations Code Section 102.001 - Soliciting Patients; Offense
  (a) A person commits an offense if the person knowingly offers to pay or agrees to accept, directly or indirectly, overtly or covertly any remuneration ...
• Texas Occupations Code Section 102.002 - Rebuttable Presumption
  It is a rebuttable presumption that a person violated Section 102.001 if: (1) the person refers or accepts a referral of a patient to an ...
• Texas Occupations Code Section 102.003 - Federal Law; Construction
  Section 102.001 permits any payment, business arrangement, or payment practice permitted by 42 U.S.C. Section 1320a-7b(b) or any regulation adopted under that law. Acts 1999, ...
• Texas Occupations Code Section 102.004 - Applicability To Advertising
  Section 102.001 does not prohibit advertising, unless the advertising is: (1) false, misleading, or deceptive; or (2) not readily subject to verification, if the advertising ...
• Texas Occupations Code Section 102.005 - Applicability To Certain Entities
  Section 102.001 does not apply to: (1) a licensed insurer; (2) a governmental entity, including: (A) an intergovernmental risk pool established under Chapter 172, Local ...
• Texas Occupations Code Section 102.006 - Failure To Disclose; Offense
  (a) A person commits an offense if: (1) the person, in a manner otherwise permitted under Section 102.001, accepts remuneration to secure or solicit a ...
• Texas Occupations Code Section 102.007 - Applicability
  (a) This subchapter does not apply to a health care information service that: (1) provides its services to a consumer only by telephone communication on ...
• Texas Occupations Code Section 102.008 - Disciplinary Action
  A violation of Section 102.001 or 102.006 is grounds for disciplinary action by the regulatory agency that issued a license, certification, or registration to the ...
• Texas Occupations Code Section 102.009 - Injunction
  (a) The attorney general or the appropriate district or county attorney, in the name of the state, may institute and conduct an action in a ...
• Texas Occupations Code Section 102.010 - Civil Penalties
  (a) A person who violates this subchapter is subject to a civil penalty of not more than $10,000 for each day of violation and each ...
• Texas Occupations Code Section 102.011 - Suit For Injunctive Relief Or Assessment Of Civil Penalty
  (a) The party bringing a suit under this subchapter may: (1) combine a suit to assess and recover civil penalties with a suit for injunctive ...
• Texas Occupations Code Section 102.051 - Soliciting Patients; Offense
  (a) A person commits an offense if the person: (1) practices the art of healing with or without the use of medicine; and (2) employs ...
• Texas Occupations Code Section 102.052 - Applicability To Physicians.
  This subchapter does not apply to a practitioner of medicine subject to regulation under Subtitle B. Acts 1999, 76th Leg., ch. 388, § 1, eff. ...
• Texas Occupations Code Section 102.053 - Exception For Certain Advertising
  Section 102.051 does not prohibit: (1) placement in a newspaper of an advertisement of the person's profession, business, or place of business; or (2) advertisement ...
• Texas Occupations Code Section 102.054 - Accessibility And Use Of Witness Testimony
  (a) A person is not exempt from giving testimony in a proceeding to enforce Section 102.051. (b) The testimony a person gives in a proceeding ...
• Texas Occupations Code Section 103.001 - Right To Object
  A physician, nurse, staff member, or employee of a hospital or other health care facility who objects to directly or indirectly performing or participating in ...
• Texas Occupations Code Section 103.002 - Discrimination Prohibited
  (a) A hospital or health care facility may not discriminate against a physician, nurse, staff member, or employee, or an applicant for one of those ...
• Texas Occupations Code Section 103.003 - Remedies
  A person whose rights under this chapter are violated may sue a hospital, health care facility, or educational institution in district court in the county ...
• Texas Occupations Code Section 103.004 - Duty Of Certain Private Entities To Make Facilities Available
  A private hospital or private health care facility is not required to make its facilities available for the performance of an abortion unless a physician ...
• Texas Occupations Code Section 104.001 - Short Title
  This chapter may be cited as the Healing Art Identification Act. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. ...
• Texas Occupations Code Section 104.002 - Healing Art
  The healing art includes any system, treatment, operation, diagnosis, prescription, or practice to ascertain, cure, relieve, adjust, or correct a human disease, injury, or unhealthy ...
• Texas Occupations Code Section 104.003 - Required Identification
  (a) A person subject to this section who uses the person's name on a written or printed professional identification, including a sign, pamphlet, stationery, or ...
• Texas Occupations Code Section 104.004 - Other Persons Using Title "Doctor"
  In using the title "doctor" as a trade or professional asset or on any manner of professional identification, including a sign, pamphlet, stationery, or letterhead, ...
• Texas Occupations Code Section 104.005 - Enforcement
  (a) On the request of a healing art licensing board listed in Section 104.003, the district or county attorney shall file and prosecute appropriate judicial ...
• Texas Occupations Code Section 104.006 - Applicability To Established Church
  This chapter does not affect the use of the principles or teachings of an established church in ministering, without the use of any drug or ...
• Texas Occupations Code Section 104.007 - Penalties
  (a) A person who violates this chapter commits an offense. An offense under this section is a misdemeanor punishable by: (1) on conviction of a ...
• Texas Occupations Code Section 105.001 - Definition
  In this chapter, "health care provider" means a person who furnishes services under a license, certificate, registration, or other authority issued by this state or ...
• Texas Occupations Code Section 105.002 - Unprofessional Conduct
  (a) A health care provider commits unprofessional conduct if the health care provider, in connection with the provider's professional activities: (1) knowingly presents or causes ...
• Texas Occupations Code Section 106.001 - Effect Of Internet Activity
  (a) In this section: (1) "Licensing authority" means a department, commission, board, office, or other agency of the state or a political subdivision of the ...
• Texas Occupations Code Section 107.001 - Short Title
  This chapter may be cited as the Intractable Pain Treatment Act. ...
• Texas Occupations Code Section 107.002 - Definitions
  In this chapter: (1) "Board" means the Texas State Board of Medical Examiners. (2) "Intractable pain" means a state of pain for which: (A) the ...
• Texas Occupations Code Section 107.003 - Nonapplicability Of Chapter To Certain Chemically Dependent Persons
  Except as provided by Subchapter C, this chapter does not apply to a person being treated by a physician for chemical dependency because of the ...
• Texas Occupations Code Section 107.051 - Authority To Prescribe Or Administer Dangerous Drug Or Controlled Substance
  Notwithstanding any other law, a physician may prescribe or administer a dangerous drug or controlled substance to a person in the course of the physician's ...
• Texas Occupations Code Section 107.052 - Limitations On Prescription Or Administration Of Dangerous Drug Or Controlled Substance
  This chapter does not authorize a physician to prescribe or administer to a person a dangerous drug or controlled substance: (1) for a purpose that ...
• Texas Occupations Code Section 107.053 - Limitation On Authority Of Hospital Or Other Health Care Facility Regarding Use Of Dangerous Drug Or Controlled Substance
  A hospital or other health care facility may not prohibit or restrict the use of a dangerous drug or controlled substance prescribed or administered by ...
• Texas Occupations Code Section 107.101 - Patient
  In this subchapter, "patient" includes a person who: (1) is currently abusing a dangerous drug or controlled substance; (2) is not currently abusing such a ...
• Texas Occupations Code Section 107.102 - Authority To Treat
  This chapter authorizes a physician to treat a patient with an acute or chronic painful medical condition with a dangerous drug or controlled substance to ...
• Texas Occupations Code Section 107.103 - Duty To Monitor Patient
  A physician who treats a patient under this subchapter shall monitor the patient to ensure that a prescribed dangerous drug or controlled substance is used ...
• Texas Occupations Code Section 107.104 - Documentation And Consultation Required
  To ensure that a prescribed dangerous drug or controlled substance is not diverted to another use and to ensure the appropriateness of the treatment of ...
• Texas Occupations Code Section 107.151 - Disciplinary Action Prohibited
  A physician is not subject to disciplinary action by the board for prescribing or administering a dangerous drug or controlled substance in the course of ...
• Texas Occupations Code Section 107.152 - Authority Of Board To Revoke Or Suspend License
  (a) This chapter does not affect the authority of the board to revoke or suspend the license of a physician who: (1) prescribes, administers, or ...
• Texas Occupations Code Section 108.001 - Definition
  In this chapter, "board" means the Texas State Board of Medical Examiners. Added by Acts 2003, 78th Leg., ch. 1276, § 14.003(a), eff. Sept. 1, ...
• Texas Occupations Code Section 108.002 - License Suspension On Conviction; Revocation
  (a) The board shall suspend a license issued by the board if it is determined at an administrative hearing that the license holder has been ...
• Texas Occupations Code Section 108.003 - License Reinstatement Or Reissuance
  (a) The board may not reinstate or reissue a license suspended or revoked under Section 108.002 unless an express determination is made that the reinstatement ...
• Texas Occupations Code Section 109.001 - Definitions
  In this chapter: (1) "Administration of criminal justice" and "criminal justice agency" have the meanings assigned by Article 60.01, Code of Criminal Procedure. (2) "Local ...
• Texas Occupations Code Section 109.002 - Purpose Of Releasing Information
  A person who is required by this chapter to release or obtain information may do so only for the administration of criminal justice. Added by ...
• Texas Occupations Code Section 109.003 - Immunity From Damages
  A person who releases or obtains information as authorized by this chapter is not liable for damages arising from the release of the information. Added ...
• Texas Occupations Code Section 109.051 - Release By Persons Providing Mental Health Or Medical Services
  (a) Information concerning the treatment of a sex offender may be released by a person who: (1) is licensed or certified in this state to ...
• Texas Occupations Code Section 109.052 - Release By Criminal Justice Agency
  A criminal justice agency, on request or in the normal course of official business, shall release information concerning the treatment of a sex offender to: ...
• Texas Occupations Code Section 109.053 - Release By Local Law Enforcement Authority
  A local law enforcement authority, on request or in the normal course of official business, shall release information concerning the treatment of a sex offender ...
• Texas Occupations Code Section 109.054 - Treatment Information
  In this subchapter, information concerning the treatment of a sex offender includes: (1) criminal history; (2) the discharge summary; (3) the official offense report; (4) ...
• Texas Occupations Code Section 110.001 - Definitions
  In this chapter: (1) "Board" means the Texas Board of Health. (2) "Council" means the Council on Sex Offender Treatment. (3) "Department" means the Texas ...
• Texas Occupations Code Section 110.051 - Council; Membership
  (a) The council is within the department. (b) The council consists of seven part-time members, appointed by the governor with the advice and consent of ...
• Texas Occupations Code Section 110.052 - Public Membership Eligibility
  A person is not eligible for appointment as a public member if: (1) the person meets the requirements for a license as a sex offender ...
• Texas Occupations Code Section 110.053 - Membership And Employee Restrictions
  (a) In this section, "Texas trade association" means a nonprofit, cooperative, and voluntarily joined association of business or professional competitors in this state designed to ...
• Texas Occupations Code Section 110.054 - Terms
  Members of the council serve staggered six-year terms. The terms of two or three members expire on February 1 of each odd-numbered year. Added by ...
• Texas Occupations Code Section 110.055 - Presiding Officer
  The governor shall designate a member of the council as the presiding officer of the council to serve in that capacity at the pleasure of ...
• Texas Occupations Code Section 110.056 - Grounds For Removal
  (a) It is a ground for removal from the council that a member: (1) does not have at the time of appointment the qualifications required ...
• Texas Occupations Code Section 110.057 - Meetings
  (a) The council shall meet at least four times each year. (b) The council may hold additional meetings at the call of the presiding officer ...
• Texas Occupations Code Section 110.058 - Compensation; Reimbursement
  (a) A council member may not receive compensation for performing the duties of the council. (b) A council member is entitled to reimbursement for travel ...
• Texas Occupations Code Section 110.059 - Training
  (a) To be eligible to take office as a member of the council, a person appointed to the council must complete at least one course ...
• Texas Occupations Code Section 110.101 - Executive Director
  The commissioner of public health shall employ an executive director, chosen with the advice and consent of the council, who is the executive head of ...
• Texas Occupations Code Section 110.102 - Staff
  The executive director shall employ staff necessary to administer the council's duties. Added by Acts 2003, 78th Leg., ch. 1276, § 14.005(a), eff. Sept. 1, ...
• Texas Occupations Code Section 110.103 - Division Of Responsibilities
  The council shall develop and implement policies that clearly separate the policymaking responsibilities of the council and the management responsibilities of the executive director and ...
• Texas Occupations Code Section 110.104 - Qualifications And Standards Of Conduct Information
  The executive director or the executive director's designee shall provide, as often as necessary, to council members and employees information regarding their: (1) qualifications for ...
• Texas Occupations Code Section 110.151 - Treatment For Sex Offenders
  The council shall: (1) develop treatment strategies for sex offenders by evaluating in-state and out-of-state programs for sex offender treatment; (2) set standards for treatment ...
• Texas Occupations Code Section 110.152 - List And License Requirements
  The council shall: (1) maintain a list of sex offender treatment providers under Section 110.161; and (2) develop and implement by rule under Subchapter G: ...
• Texas Occupations Code Section 110.153 - Collection And Dissemination Of Information
  The council shall collect and disseminate information about available sex offender treatment programs to: (1) judicial officers; (2) community supervision or parole workers; (3) appropriate ...
• Texas Occupations Code Section 110.154 - Distribution Of Money
  The council shall distribute money appropriated to the council by the legislature for that purpose to political subdivisions, private organizations, or other persons to be ...
• Texas Occupations Code Section 110.155 - Agency Assistance
  The council shall advise and assist agencies in coordinating procedures to provide treatment services. The treatment services may include community-based programs. Added by Acts 2003, ...
• Texas Occupations Code Section 110.156 - Adjudication Information
  (a) The council shall establish a uniform method of obtaining adjudication information. The uniform method must require that: (1) a complete set of fingerprints, the ...
• Texas Occupations Code Section 110.157 - Continuing Education Programs
  The council shall design and conduct continuing education programs for sex offender treatment providers. Added by Acts 2003, 78th Leg., ch. 1276, § 14.005(a), eff. ...
• Texas Occupations Code Section 110.158 - Rulemaking
  The council may adopt rules consistent with this chapter. In adopting rules, the council shall: (1) consider the rules and procedures of the board and ...
• Texas Occupations Code Section 110.159 - Collection Of Fees
  (a) The council shall: (1) charge and collect reasonable fees in amounts necessary to cover the costs of administering this chapter; and (2) send all ...
• Texas Occupations Code Section 110.160 - Biennial Report
  (a) The council shall file biennially a report with the governor, lieutenant governor, and speaker of the house of representatives about the activities of the ...
• Texas Occupations Code Section 110.161 - Publication Of List
  (a) The council shall prepare annually a list of sex offender treatment providers. (b) The council by rule shall establish procedures for developing and distributing ...
• Texas Occupations Code Section 110.162 - Confidentiality Required
  The council and the staff and consultants employed by the council shall keep confidential any record relating to the identity, examination, diagnosis, prognosis, or treatment ...
• Texas Occupations Code Section 110.163 - Grants And Donations
  The council may apply for and accept on behalf of the state a grant or donation from any source to be used by the council ...
• Texas Occupations Code Section 110.201 - Interagency Advisory Committee
  The interagency advisory committee shall advise the council on administering the council's duties under this chapter. Added by Acts 2003, 78th Leg., ch. 1276, § ...
• Texas Occupations Code Section 110.202 - Advisory Committee Membership
  (a) The executive head of each of the following agencies or that person's designated representative shall serve as a member of the interagency advisory committee: ...
• Texas Occupations Code Section 110.203 - Meetings
  The interagency advisory committee shall meet at the call of its presiding officer or at the request of the council. Added by Acts 2003, 78th ...
• Texas Occupations Code Section 110.204 - Agency Cooperation
  Each state agency or division of an agency represented on the interagency advisory committee shall cooperate with the council at the request of the council. ...
• Texas Occupations Code Section 110.251 - Public Interest Information
  (a) The council shall prepare information of public interest describing the functions of the council and the procedures by which complaints are filed with and ...
• Texas Occupations Code Section 110.252 - Public Participation
  (a) The council shall develop and implement policies that provide the public with a reasonable opportunity to appear before the council and to speak on ...
• Texas Occupations Code Section 110.253 - Complaints
  The council by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the ...
• Texas Occupations Code Section 110.254 - Record Of Complaints
  (a) The council shall keep an information file about each written complaint filed with the council that the council has authority to resolve. The information ...
• Texas Occupations Code Section 110.255 - Complaint Investigation; Subpoenas
  (a) In an investigation of a complaint filed with the council, the council may request that the commissioner of public health or the commissioner's designee ...
• Texas Occupations Code Section 110.256 - Confidentiality
  (a) Except as provided by Subsection (b), all information and materials subpoenaed or compiled by the council in connection with a complaint and investigation are ...
• Texas Occupations Code Section 110.301 - License Required
  (a) A person may not provide a rehabilitation service or act as a sex offender treatment provider unless the person is licensed under this chapter. ...
• Texas Occupations Code Section 110.302 - License Requirements
  (a) The council by rule shall develop procedures and eligibility and other requirements for issuance of a license under this chapter, including, if appropriate, requirements ...
• Texas Occupations Code Section 110.303 - License Of Out-Of-State Applicants
  The council may waive any prerequisite to a license for an applicant after reviewing the applicant's credentials and determining that the applicant holds a valid ...
• Texas Occupations Code Section 110.304 - Conviction Or Deferred Adjudication Information
  The council may receive from a law enforcement agency information about the conviction or deferred adjudication of a person who has applied for a license ...
• Texas Occupations Code Section 110.305 - License Expiration
  (a) The council by rule may adopt a system under which licenses expire on various dates during the year. (b) For the year in which ...
• Texas Occupations Code Section 110.306 - License Renewal Required
  A person whose license has expired may not engage in activities that require a license until the license is renewed. Added by Acts 2003, 78th ...
• Texas Occupations Code Section 110.307 - Procedure For Renewal
  (a) Not later than the 30th day before the expiration date of a person's license, the council shall send written notice of the license expiration ...
• Texas Occupations Code Section 110.308 - Renewal Of Expired License By Out-Of-State Practitioner.
  A person whose license has been expired for one year or longer may renew the license without complying with the requirements of Section 110.307(d) by ...
• Texas Occupations Code Section 110.309 - Denial Of License
  The council may deny an application for a license if: (1) the council determines that a previous criminal conviction or deferred adjudication indicates the applicant ...
• Texas Occupations Code Section 110.351 - Disciplinary Powers Of Council
  The council shall revoke, suspend, or refuse to renew a license, place on probation a person whose license has been suspended, or reprimand a person ...
• Texas Occupations Code Section 110.352 - Probation
  If the suspension of a person's license is probated, the council may require the person to: (1) report regularly to the council on matters that ...
• Texas Occupations Code Section 110.353 - Disciplinary Hearing
  (a) If the council proposes to revoke, suspend, or refuse to renew a person's license, the person is entitled to a hearing conducted by the ...
• Texas Occupations Code Section 110.354 - Emergency Suspension
  (a) The council or a three-member committee of council members designated by the council shall temporarily suspend the license of a person licensed under this ...
• Texas Occupations Code Section 110.401 - Offense
  (a) A person commits an offense if the person violates Section 110.301. (b) An offense under this section is a Class A misdemeanor. Added by ...
• Texas Occupations Code Section 110.402 - Offense: Release Of Adjudication Information
  (a) A person commits an offense if the person releases or discloses in violation of Section 110.156 adjudication information received by the council. (b) An ...
• Texas Occupations Code Section 110.451 - Imposition Of Administrative Penalty
  The council may impose an administrative penalty on a person licensed under this chapter who violates this chapter or a rule or order adopted under ...
• Texas Occupations Code Section 110.452 - Amount Of Administrative Penalty
  (a) The amount of the administrative penalty may not be less than $50 or more than $5,000 for each violation. Each day a violation continues ...
• Texas Occupations Code Section 110.453 - Report And Notice Of Violation And Penalty
  (a) If the executive director determines that a violation occurred, the executive director may issue to the council a report stating: (1) the facts on ...
• Texas Occupations Code Section 110.454 - Penalty To Be Paid Or Hearing Requested
  (a) Within 20 days after the date the person receives the notice, the person in writing may: (1) accept the determination and recommended administrative penalty ...
• Texas Occupations Code Section 110.455 - Hearing
  (a) If the person requests a hearing, the executive director shall set a hearing and give written notice of the hearing to the person. (b) ...
• Texas Occupations Code Section 110.456 - Decision By Council
  (a) Based on the findings of fact, conclusions of law, and proposal for decision, the council by order may determine that: (1) a violation occurred ...
• Texas Occupations Code Section 110.457 - Options Following Decision: Pay Or Appeal
  (a) Within 30 days after the date the council's order becomes final, the person shall: (1) pay the administrative penalty; or (2) file a petition ...
• Texas Occupations Code Section 110.458 - Collection Of Penalty
  (a) If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the penalty may be collected. (b) ...
• Texas Occupations Code Section 110.459 - Determination By Court
  (a) If the court sustains the determination that a violation occurred, the court may uphold or reduce the amount of the administrative penalty and order ...
• Texas Occupations Code Section 110.460 - Remittance Of Penalty And Interest
  (a) If the person paid the administrative penalty and if the amount of the penalty is reduced or the penalty is not upheld by the ...
• Texas Occupations Code Section 110.461 - Administrative Procedure
  A proceeding under this subchapter is a contested case under Chapter 2001, Government Code. Added by Acts 2005, 79th Leg., ch. 728, § 15.004(d), eff. ...
• Texas Occupations Code Section 110.501 - Dynamic Risk Assessment
  Text of section effective until September 1, 2007 (a) This section applies only to adult sex offenders who are treated in a county with ...
• Texas Occupations Code Section 110.502 - Report And Study On Pilot Program
  Text of section effective until December 1, 2009 (a) Not later than November 1, 2006, the council shall report to the criminal justice division ...
• Texas Occupations Code Section 110.503 - Expiration Date
  Text of section effective until December 1, 2009 This subchapter expires December 1, 2009. Added by Acts 2005, 79th Leg., ch. 1089, § 29, ...
• Texas Occupations Code Section 111.001 - Definitions
  In this chapter: (1) "Health professional" and "physician" have the meanings assigned by Section 1455.001, Insurance Code. (2) "Telehealth service" and "telemedicine medical service" have ...
• Texas Occupations Code Section 111.002 - Informed Consent
  A treating physician or health professional who provides or facilitates the use of telemedicine medical services or telehealth services shall ensure that the informed consent ...
• Texas Occupations Code Section 111.003 - Confidentiality
  A treating physician or health professional who provides or facilitates the use of telemedicine medical services or telehealth services shall ensure that the confidentiality of ...
• Texas Occupations Code Section 111.004 - Rules
  The Texas State Board of Medical Examiners, in consultation with the commissioner of insurance, as appropriate, may adopt rules necessary to: (1) ensure that patients ...
• Texas Occupations Code Section 112.001 - Definitions
  In this chapter: (1) "Health care practitioner" means an individual issued a license, certificate, registration, title, permit, or other authorization to engage in a health ...
• Texas Occupations Code Section 112.002 - Applicability
  This chapter applies only to licensing entities and health care practitioners under Chapters 401, 453, and 454 and Subtitles B, C, D, E, F, and ...
• Texas Occupations Code Section 112.051 - Reduced License Requirements For Retired Health Care Practitioners Performing Charity Work
  (a) Each licensing entity shall adopt rules providing for reduced fees and continuing education requirements for a retired health care practitioner whose only practice is ...
• Texas Occupations Code Section 151.001 - Short Title
  This subtitle may be cited as the Medical Practice Act. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. ...
• Texas Occupations Code Section 151.002 - Definitions
  (a) In this subtitle: (1) "Board" means the Texas Medical Board. (2) "Continuing threat to the public welfare" means a real danger to the health ...
• Texas Occupations Code Section 151.003 - Legislative Findings
  The legislature finds that: (1) the practice of medicine is a privilege and not a natural right of individuals and as a matter of public ...
• Texas Occupations Code Section 151.004 - Application Of Sunset Act
  The Texas Medical Board is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board ...
• Texas Occupations Code Section 151.005 - Governmental Discrimination Prohibited
  (a) A program supported in whole or in part by the state or by a political subdivision of the state may not discriminate against a ...
• Texas Occupations Code Section 151.051 - Discrimination Based On Type Of Academic Medical Degree Or Certain Religious Tenets Prohibited
  (a) A hospital, institution, or program that is licensed by the state, is operated by the state or a political subdivision of the state, or ...
• Texas Occupations Code Section 151.052 - Exemptions
  (a) This subtitle does not apply to: (1) a dentist, licensed under the laws of this state, engaged strictly in the practice of dentistry; (2) ...
• Texas Occupations Code Section 151.053 - Application To Certain Persons Providing Nutritional Advice
  (a) This subtitle does not prohibit a person from giving advice regarding the use and role of food and food ingredients, including dietary supplements. (b) ...
• Texas Occupations Code Section 151.054 - Application To Self-Care
  (a) This subtitle does not prohibit: (1) a person from providing or seeking advice or information relating to that person's self-care; or (2) the dissemination ...
• Texas Occupations Code Section 151.055 - Application To Certain Independent Contractor Agreements
  This subtitle does not prohibit a hospital from entering into an independent contractor agreement with a physician to provide services at the hospital or at ...
• Texas Occupations Code Section 151.056 - Application To Telemedicine
  (a) A person who is physically located in another jurisdiction but who, through the use of any medium, including an electronic medium, performs an act ...
• Texas Occupations Code Section 152.001 - Texas Medical Board
  (a) The Texas Medical Board is an agency of the executive branch of state government with the power to regulate the practice of medicine. (b) ...
• Texas Occupations Code Section 152.002 - Board Membership
  (a) The board consists of 19 members appointed by the governor with the advice and consent of the senate as follows: (1) twelve members who ...
• Texas Occupations Code Section 152.003 - Additional Membership Requirements
  (a) In this section: (1) "Direct provider of health care" includes: (A) an athletic trainer; (B) a chiropractor; (C) a dentist; (D) a hospital administrator; ...
• Texas Occupations Code Section 152.004 - Membership And Employee Restrictions
  (a) In this section, "Texas trade association" means a cooperative and voluntarily joined association of business or professional competitors in this state designed to assist ...
• Texas Occupations Code Section 152.0041 - Restriction On Use Of Information
  A board member who is a physician or a physician acting as an agent of the board, including a member of an expert physician panel ...
• Texas Occupations Code Section 152.005 - Terms; Vacancy
  (a) Members of the board serve staggered six-year terms. (b) If a vacancy occurs during a member's term, the governor shall appoint a person to ...
• Texas Occupations Code Section 152.006 - Grounds For Removal
  (a) It is a ground for removal from the board that a member: (1) does not have at the time of taking office the qualifications ...
• Texas Occupations Code Section 152.007 - Per Diem
  (a) Each board member is entitled to receive a per diem as set by legislative appropriation for each day that the member engages in the ...
• Texas Occupations Code Section 152.008 - Officers
  Not later than December after each regular session of the legislature, the governor shall appoint from the members of the board a president, to serve ...
• Texas Occupations Code Section 152.009 - Meetings; Quorum Requirements
  (a) The board shall conduct regular meetings at least four times a year at the times and places the board considers most convenient for applicants ...
• Texas Occupations Code Section 152.010 - Training; Guidelines
  (a) A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as ...
• Texas Occupations Code Section 152.051 - Executive Director
  (a) The board shall appoint an executive director. The executive director serves as the chief executive and administrative officer of the board. (b) The executive ...
• Texas Occupations Code Section 152.052 - Executive Director Powers And Duties
  The executive director shall administer and enforce this subtitle under the supervision and at the direction of the board. Acts 1999, 76th Leg., ch. 388, ...
• Texas Occupations Code Section 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 ...
• Texas Occupations Code Section 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 ...
• Texas Occupations Code Section 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 ...
• Texas Occupations Code Section 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; ...
• Texas Occupations Code Section 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 ...
• Texas Occupations Code Section 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 ...
• Texas Occupations Code Section 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 ...
• Texas Occupations Code Section 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 ...
• Texas Occupations Code Section 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 ...
• Texas Occupations Code Section 153.003 - Rules Regarding Maintenance Of Patient Records
  The board by rule shall establish the period for which patient records must be maintained. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. ...
• Texas Occupations Code Section 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 ...
• Texas Occupations Code Section 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 ...
• Texas Occupations Code Section 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. ...
• Texas Occupations Code Section 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 ...
• Texas Occupations Code Section 153.007 - Authority To Issue Subpoena Or Administer Oath
  (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, ...
• Texas Occupations Code Section 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 ...
• Texas Occupations Code Section 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, § 1, eff. Sept. 1, 1999. ...
• Texas Occupations Code Section 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, § 1, eff. Sept. ...
• Texas Occupations Code Section 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 ...
• Texas Occupations Code Section 153.013 - Representation By Attorney General
  The board shall be represented in court proceedings by the attorney general. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. ...
• Texas Occupations Code Section 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 ...
• Texas Occupations Code Section 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, § ...
• Texas Occupations Code Section 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 ...
• Texas Occupations Code Section 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 ...
• Texas Occupations Code Section 153.053 - Surcharge For Certain Fees
  (a) The board shall collect a fee surcharge as follows: (1) $200 for the license fee; (2) $400 for the first registration permit; (3) $400 ...
• Texas Occupations Code Section 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 ...
• Texas Occupations Code Section 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 ...
• Texas Occupations Code Section 153.055 - Annual Report
  (a) The board shall file annually with the governor and the presiding officer of each house of the legislature a complete and detailed written report ...
• Texas Occupations Code Section 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 ...
• Texas Occupations Code Section 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 ...
• Texas Occupations Code Section 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 ...
• Texas Occupations Code Section 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 ...
• Texas Occupations Code Section 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 ...
• Texas Occupations Code Section 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 ...
• Texas Occupations Code Section 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 ...
• Texas Occupations Code Section 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 ...
• Texas Occupations Code Section 154.006 - Physician Profiles
  (a) The board shall create a profile of each physician licensed under this subtitle. The profile must: (1) include the information required by Subsection (b); ...
• Texas Occupations Code Section 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 ...
• Texas Occupations Code Section 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 ...
• Texas Occupations Code Section 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 ...
• Texas Occupations Code Section 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 ...
• Texas Occupations Code Section 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 ...
• Texas Occupations Code Section 154.056 - General Rules Regarding Complaint Investigation; Disposition
  (a) The board shall adopt rules concerning the investigation and review of a complaint filed with the board. The rules adopted under this section must: ...
• Texas Occupations Code Section 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 ...
• Texas Occupations Code Section 154.057 - Conduct Of Investigation; Use Of Investigators As Peace Officers
  (a) Except as otherwise provided by this subchapter, each investigation of a complaint filed under this subtitle shall be conducted by the board or by ...
• Texas Occupations Code Section 154.058 - Determination Of Medical Competency
  (a) Each complaint against a physician that requires a determination of medical competency shall be reviewed initially by a board member, consultant, or employee with ...
• Texas Occupations Code Section 155.001 - License Required
  A person may not practice medicine in this state unless the person holds a license issued under this subtitle. Acts 1999, 76th Leg., ch. 388, ...
• Texas Occupations Code Section 155.002 - Issuance Of License
  (a) The board, at its sole discretion, may issue a license to practice medicine to a person who: (1) submits to the board a license ...
• Texas Occupations Code Section 155.003 - General Eligibility Requirements
  (a) To be eligible for a license under this chapter, an applicant must present proof satisfactory to the board that the applicant: (1) is at ...
• Texas Occupations Code Section 155.0031 - Application Procedures And Requirements
  (a) An application for a license must be in writing and on forms prescribed by the board. The board may allow or require applicants, by ...
• Texas Occupations Code Section 155.004 - Additional Eligibility Requirements For Graduates Of Certain Foreign Medical Schools
  A license applicant who is a graduate of a medical school that is located outside the United States and Canada must present proof satisfactory to ...
• Texas Occupations Code Section 155.005 - Eligibility Requirements Of Foreign Medical School Students In Fifth Pathway Program
  (a) To be eligible for a license under this chapter, an applicant who has been a student of a foreign medical school must present proof ...
• Texas Occupations Code Section 155.006 - Issuance Of Limited License
  (a) The board may adopt rules and prescribe fees related to the issuance of a license under this section that is limited in scope to ...
• Texas Occupations Code Section 155.007 - Application Process
  (a) The executive director shall review each application for a license and shall: (1) recommend to the board each applicant eligible for a license; and ...
• Texas Occupations Code Section 155.008 - Criminal Record Check
  The board may submit to the Department of Public Safety a complete set of fingerprints of each license applicant, and the department shall classify and ...
• Texas Occupations Code Section 155.009 - Limited License For Practice Of Administrative Medicine
  (a) The board shall adopt rules for the issuance of a license that limits the license holder to the practice of administrative medicine. The board's ...
• Texas Occupations Code Section 155.051 - Examination Required
  (a) Except as provided by Subsection (b), an applicant for a license to practice medicine in this state must pass each part of an examination ...
• Texas Occupations Code Section 155.0511 - Examinations Administered Or Accepted By Board
  The board may administer or accept the following examinations for licensing as determined by rule: (1) a state board licensing examination; (2) the Medical Council ...
• Texas Occupations Code Section 155.052 - General Examination Procedures
  (a) Each examination administered to evaluate basic medical knowledge and clinical competency must be prepared by a national testing service or the board and validated ...
• Texas Occupations Code Section 155.053 - Public Member Participation In Examination
  (a) A public member of the board may not participate in the preparation of an examination used to examine the academic and professional credentials of ...
• Texas Occupations Code Section 155.054 - Examination Subjects
  (a) Each license examination must include subjects generally taught by medical schools, a knowledge of which is commonly and generally required of each candidate for ...
• Texas Occupations Code Section 155.055 - Notice Of Examination Results
  The board shall notify each examinee of the results of a licensing examination not later than the 120th day after the date the examination is ...
• Texas Occupations Code Section 155.056 - Examination Attempt Limits
  (a) An applicant must pass each part of an examination within three attempts. (b) The board shall adopt rules that prescribe how the limit on ...
• Texas Occupations Code Section 155.057 - Preservation Of Examination Materials
  The board shall preserve all examination questions, answers, and grades as directed by board rule until the first anniversary of the date of the examination. ...
• Texas Occupations Code Section 155.058 - Application Of Open Records And Open Meetings Law To Examination Procedures
  (a) The following are exempt from Chapters 551 and 552, Government Code: (1) examination questions that may be used in the future; (2) examinations; and ...
• Texas Occupations Code Section 155.1025 - Expedited Process For Certain Applicants
  (a) The board shall adopt rules for expediting any application for a license under this subtitle made by a person who is licensed to practice ...
• Texas Occupations Code Section 155.104 - Temporary Licenses
  (a) The board may adopt rules and set fees relating to granting temporary licenses and extending the expiration dates of temporary licenses. The board by ...
• Texas Occupations Code Section 155.105 - Physician-In-Training Permit
  (a) The board as provided by board rule may issue a physician-in-training permit to a physician not otherwise licensed by the board who is participating ...
• Texas Occupations Code Section 155.106 - Certification Of License To Other States
  On the request of a license holder, the board shall issue a certificate that endorses the license issued by the board to other states. The ...
• Texas Occupations Code Section 155.107 - Certification Of Examination Grades
  On the request of a license holder, the board shall issue certification of state board examination grades to the Federation of State Medical Boards of ...
• Texas Occupations Code Section 155.151 - Duplicate License
  (a) If a license issued under this subtitle is lost or destroyed, the license holder may apply to the board for a duplicate license. The ...
• Texas Occupations Code Section 155.152 - Issuance Of New License On Change Of Name
  The board may issue a new license to a license holder if the license holder changes the license holder's name. Acts 1999, 76th Leg., ch. ...
• Texas Occupations Code Section 156.001 - Registration Requirements And Procedures
  (a) Each person licensed to practice medicine in this state must register with the board every two years. The initial registration permit shall be issued ...
• Texas Occupations Code Section 156.002 - Exemption For Certain Physicians
  (a) The board by rule may exempt a retired physician from the registration permit fee requirement. (b) A physician licensed by the board whose only ...
• Texas Occupations Code Section 156.003 - Staggered Renewal System
  (a) The board by rule may adopt a system under which registration permits expire on various dates during the two-year registration period. (b) For the ...
• Texas Occupations Code Section 156.004 - Notice Of Expiration
  The board shall send a registration permit renewal application notice to each physician at the physician's last known address according to the board's records at ...
• Texas Occupations Code Section 156.005 - Renewal Of Certain Registration Permits
  (a) If a person's registration permit has been expired for 90 days or less, the person may renew the permit by submitting to the board ...
• Texas Occupations Code Section 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 ...
• Texas Occupations Code Section 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 ...
• Texas Occupations Code Section 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, § 1, ...
• Texas Occupations Code Section 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 ...
• Texas Occupations Code Section 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 ...
• Texas Occupations Code Section 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 ...
• Texas Occupations Code Section 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 ...
• Texas Occupations Code Section 156.055 - Continuing Education In Pain Treatment
  A physician licensed under this subtitle who submits an application for renewal of a license that designates a direct patient care practice and whose practice ...
• Texas Occupations Code Section 156.056 - Certain Volunteer Services
  (a) In this section, "site serving a medically underserved population" has the meaning assigned by Section 157.052. (b) The board by rule shall permit a ...
• Texas Occupations Code Section 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 ...
• Texas Occupations Code Section 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 ...
• Texas Occupations Code Section 157.002 - General Delegation Of Administration And Provision Of Dangerous Drugs
  (a) In this section: (1) "Administering" means the direct application of a drug to the body of a patient by injection, inhalation, ingestion, or any ...
• Texas Occupations Code Section 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 ...
• Texas Occupations Code Section 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 ...
• Texas Occupations Code Section 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 ...
• Texas Occupations Code Section 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 ...
• Texas Occupations Code Section 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, § 1, eff. Sept. ...
• Texas Occupations Code Section 157.051 - Definitions
  In this subchapter: (1) "Advanced practice nurse" has the meaning assigned to that term by Section 301.152. The term includes an advanced nurse practitioner. (2) ...
• Texas Occupations Code Section 157.0511 - Prescription Drug Orders
  (a) A physician's authority to delegate the carrying out or signing of a prescription drug order under this subchapter is limited to: (1) dangerous drugs; ...
• Texas Occupations Code Section 157.052 - Prescribing At Sites Serving Certain Medically Underserved Populations
  (a) In this section: (1) "Health manpower shortage area" means: (A) an urban or rural area of this state that: (i) is not required to ...
• Texas Occupations Code Section 157.053 - Prescribing At Physician Primary Practice Sites
  (a) In this section, "primary practice site" means: (1) the practice location of a physician at which the physician spends the majority of the physician's ...
• Texas Occupations Code Section 157.054 - Prescribing At Facility-Based Practice Sites
  (a) A physician licensed by the board may delegate, to one or more physician assistants or advanced practice nurses acting under adequate physician supervision whose ...
• Texas Occupations Code Section 157.0541 - Prescribing At Alternate Sites
  (a) In this section, "alternate site" means a practice site: (1) where services similar to the services provided at the delegating physician's primary practice site ...
• Texas Occupations Code Section 157.0542 - Board Waiver Of Delegation Requirements
  (a) On determining that the conditions of Subsection (b) have been met, the board may waive or modify any of the site or supervision requirements ...
• Texas Occupations Code Section 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 nurse and physician ...
• Texas Occupations Code Section 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; ...
• Texas Occupations Code Section 157.057 - Additional Implementation Methods
  The board may adopt additional methods to implement: (1) a physician's prescription; or (2) the delegation of the signing of a prescription under a physician's ...
• Texas Occupations Code Section 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 ...
• Texas Occupations Code Section 157.059 - Delegation Regarding Certain Obstetrical Services
  (a) In this section, "provide" means to supply, for a term not to exceed 48 hours, one or more unit doses of a controlled substance ...
• Texas Occupations Code Section 157.060 - Physician Liability For Delegated Act
  Unless the physician has reason to believe the physician assistant or advanced practice nurse lacked the competency to perform the act, a physician is not ...
• Texas Occupations Code Section 157.101 - Delegation To Pharmacist
  (a) In this section, "pharmacist" has the meaning assigned by Section 551.003. (b) A physician may delegate to a properly qualified and trained pharmacist acting ...
• Texas Occupations Code Section 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. ...
• Texas Occupations Code Section 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 ...
• Texas Occupations Code Section 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 ...
• Texas Occupations Code Section 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 ...
• Texas Occupations Code Section 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 ...
• Texas Occupations Code Section 159.003 - Exceptions To Confidentiality In Court Or Administrative Proceedings
  (a) An exception to the privilege of confidentiality in a court or administrative proceeding exists: (1) in a proceeding brought by a patient against a ...
• Texas Occupations Code Section 159.004 - Exceptions To Confidentiality In Other Situations
  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, ...
• Texas Occupations Code Section 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 ...
• Texas Occupations Code Section 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 ...
• Texas Occupations Code Section 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 ...
• Texas Occupations Code Section 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 ...
• Texas Occupations Code Section 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 ...
• Texas Occupations Code Section 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 ...
• Texas Occupations Code Section 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 ...
• Texas Occupations Code Section 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 ...
• Texas Occupations Code Section 160.002 - Report Of Medical Peer Review
  (a) A medical peer review committee or health care entity shall report in writing to the board the results and circumstances of a medical peer ...
• Texas Occupations Code Section 160.003 - Report By Certain Practitioners
  (a) This section applies to: (1) a medical peer review committee in this state; (2) a physician licensed in this state or otherwise lawfully practicing ...
• Texas Occupations Code Section 160.004 - Report Regarding Certain Impaired Physicians
  (a) This section applies to: (1) a committee of a professional medical society or association operating under written bylaws approved by the policymaking body or ...
• Texas Occupations Code Section 160.005 - Report Confidential; Communication Not Privileged
  (a) A report made under this subchapter is confidential and is not subject to disclosure under Chapter 552, Government Code. (b) In a proceeding brought ...
• Texas Occupations Code Section 160.006 - Board Confidentiality
  (a) A record, report, or other information received and maintained by the board under this subchapter or Subchapter B, including any material received or developed ...
• Texas Occupations Code Section 160.007 - Confidentiality Relating To Medical Peer Review Committee
  (a) Except as otherwise provided by this subtitle, each proceeding or record of a medical peer review committee is confidential, and any communication made to ...
• Texas Occupations Code Section 160.008 - Use Of Certain Confidential Information
  (a) This section applies to a person participating in peer review, a medical peer review committee, or a health care entity named as a defendant ...
• Texas Occupations Code Section 160.009 - Compliance With Subpoena
  (a) The governing body and medical staff of each health care entity and any other person shall comply with a subpoena for documents or information ...
• Texas Occupations Code Section 160.010 - Immunity From Civil Liability
  (a) The following are immune from civil liability: (1) a person who, in good faith, reports or furnishes information to a medical peer review committee ...
• Texas Occupations Code Section 160.011 - Not State Action
  The reporting or assistance provided for in this subchapter does not constitute state action on the reporting or assisting medical peer review committee or its ...
• Texas Occupations Code Section 160.012 - Discipline Or Discrimination Prohibited
  (a) A person may not suspend, terminate, or otherwise discipline or discriminate against a person who reports to the board under this subtitle. (b) A ...
• Texas Occupations Code Section 160.013 - Expungement Of Report Made In Bad Faith
  If a court makes a final determination that a report or complaint made to the board was made in bad faith, the complaint shall be ...
• Texas Occupations Code Section 160.014 - Action By Health Care Entity Not Precluded
  The filing of a report with the board under this subchapter, or an investigation or disposition by the board, does not in itself preclude any ...
• Texas Occupations Code Section 160.015 - Immunity Of Hospital District Or Hospital Authority
  This subchapter does not impose liability or waive immunity for a hospital district or hospital authority that has common law, statutory, or other immunity. Added ...
• Texas Occupations Code Section 160.051 - Definitions
  In this subchapter: (1) "Commissioner" means the commissioner of insurance. (2) "Insurer" means an insurer or other entity that provides medical professional liability insurance covering ...
• Texas Occupations Code Section 160.052 - Report From Insurer Or Physician
  (a) Each insurer shall submit to the board the report or other information described by Section 160.053 at the time prescribed. The insurer shall provide ...
• Texas Occupations Code Section 160.053 - Contents Of Report; Additional Information
  (a) Not later than the 30th day after the date an insurer receives from an insured a complaint filed in a lawsuit, a settlement of ...
• Texas Occupations Code Section 160.054 - Report Not Evidence
  In the trial of an action against a physician based on the physician's conduct in providing or failing to provide a medical or health care ...
• Texas Occupations Code Section 160.055 - Sanctions For Failure To Report
  The commissioner may impose sanctions authorized by Chapter 82, Insurance Code, on an insurer who fails to report information as required by this subchapter. Acts ...
• Texas Occupations Code Section 160.056 - Civil Liability
  A person or entity is not liable for any action taken by the person or entity under this subchapter, and a cause of action does ...
• Texas Occupations Code Section 160.101 - Report By Court To Department Of Public Safety
  (a) This section applies to a person known to be a physician who is licensed or otherwise lawfully practicing in this state or applying to ...
• Texas Occupations Code Section 160.102 - Report By Court To Board
  Not later than the 30th day after the date a court finds that a physician is mentally ill or mentally incompetent, the clerk of the ...
• Texas Occupations Code Section 162.001 - Certification By Board
  (a) The board by rule shall certify a health organization that: (1) applies for certification on a form approved by the board; and (2) presents ...
• Texas Occupations Code Section 162.002 - Limitation On Physician Fees
  A physician who provides professional medical services for a health organization certified under Section 162.001(c) shall provide those services free of charge, or at a ...
• Tex