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• 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 ...
• Texas Occupations Code Section 162.003 - Refusal To Certify; Revocation
  On a determination that a health organization is established, organized, or operated in violation of or with the intent to violate this subtitle, the board: ...
• Texas Occupations Code Section 162.051 - Authority To Form Certain Jointly Owned Entities
  (a) Except as provided by Section 165.155, a physician and an optometrist or therapeutic optometrist may, for a purpose described by Subsection (b), organize, jointly ...
• Texas Occupations Code Section 162.052 - Notice Of Certain Ownership Interests
  (a) In this section, "niche hospital" has the meaning assigned by Section 105.002. (b) A physician shall notify the Department of State Health Services of ...
• Texas Occupations Code Section 162.101 - Definition
  In this subchapter, "outpatient setting" means a facility, clinic, center, office, or other setting that is not part of a licensed hospital or a licensed ...
• Texas Occupations Code Section 162.102 - Rules
  (a) The board by rule shall establish the minimum standards for anesthesia services provided in an outpatient setting by a person licensed by the board. ...
• Texas Occupations Code Section 162.103 - Applicability
  Rules adopted by the board under this subchapter do not apply to: (1) an outpatient setting in which only local anesthesia, peripheral nerve blocks, or ...
• Texas Occupations Code Section 162.104 - Registration Required
  (a) The board shall require each physician who administers anesthesia or performs a surgical procedure for which anesthesia services are provided in an outpatient setting ...
• Texas Occupations Code Section 162.105 - Compliance With Anesthesia Rules
  (a) A physician who practices medicine in this state and who administers anesthesia or performs a surgical procedure for which anesthesia services are provided in ...
• Texas Occupations Code Section 162.106 - Inspections
  (a) The board may conduct inspections to enforce this subchapter, including inspections of an office site and of documents of a physician's practice that relate ...
• Texas Occupations Code Section 162.107 - Requests For Inspection And Advisory Opinion
  (a) The board may consider a request by a physician for an on-site inspection. The board, on payment of a fee established by the board, ...
• Texas Occupations Code Section 162.151 - Definitions
  In this subchapter: (1) "Core credentials data" means: (A) name and other demographic data; (B) professional education; (C) professional training; (D) licenses; and (E) Educational ...
• Texas Occupations Code Section 162.152 - Associations
  Each provision of this subchapter that applies to a health care entity also applies to an association that represents federally qualified health centers. For purposes ...
• Texas Occupations Code Section 162.153 - Standardized Credentials Verification Program
  (a) The board shall develop standardized forms and guidelines for and administer: (1) the collection, verification, correction, updating, modification, maintenance, and storage of information relating ...
• Texas Occupations Code Section 162.154 - Furnishing Of Data To Health Care Entity
  Not later than the 15th business day after the date the board receives a request for the data, the board shall make available to a ...
• Texas Occupations Code Section 162.155 - Review Of Data By Physician
  (a) Before releasing a physician's core credentials data from its data bank for the first time, the board shall provide to the affected physician 15 ...
• Texas Occupations Code Section 162.156 - Data Duplication Prohibited
  (a) A health care entity may not collect or attempt to collect duplicate core credentials data from a physician if the information is already on ...
• Texas Occupations Code Section 162.157 - Immunity
  A health care entity or its designated credentials verification organization is immune from liability arising from its reliance on data furnished by the board under ...
• Texas Occupations Code Section 162.158 - Rules
  The board shall adopt rules as necessary to develop and implement the standardized credentials verification program established by this subchapter. Added by Acts 2001, 77th ...
• Texas Occupations Code Section 162.159 - Confidentiality
  The information collected, maintained, or stored by the board under this subchapter is privileged and confidential and not subject to discovery, subpoena, or other means ...
• Texas Occupations Code Section 162.160 - Use Of Independent Contractor
  The board may contract with an independent contractor to collect, verify, maintain, store, or release information. The contract must provide for board oversight and for ...
• Texas Occupations Code Section 162.161 - Fees
  (a) The board shall prescribe and assess fees in amounts necessary to cover its cost of operating under and administering this subchapter. (b) The board ...
• Texas Occupations Code Section 162.162 - Gifts, Grants, And Donations
  In addition to any fees paid to the board or money appropriated to the board, the board may receive and accept a gift, grant, donation, ...
• Texas Occupations Code Section 162.201 - Employment Of Physician Permitted
  A private nonprofit medical school that is certified under Section 162.203, that is accredited by the Liaison Committee on Medical Education, and that was appropriated ...
• Texas Occupations Code Section 162.202 - Committee Established By School
  (a) A private medical school subject to this subchapter shall establish a committee consisting of at least five actively practicing physicians who provide care in ...
• Texas Occupations Code Section 162.203 - Certification Of School By Board
  (a) A private school that retains a physician's professional income under Section 162.201 must be certified by the board as being in compliance with this ...
• Texas Occupations Code Section 162.204 - Biennial Report
  A private medical school certified under Section 162.203 shall provide to the board a biennial report certifying that the school is in compliance with this ...
• Texas Occupations Code Section 162.205 - Suspension Or Revocation Of Certification
  If the board determines at any time that a private medical school certified under Section 162.203 has failed to comply with this subchapter, the board ...
• Texas Occupations Code Section 162.206 - Limitation On School's Authority
  A private medical school's authority to retain a physician's professional income does not apply to a physician providing care in a facility owned or operated ...
• Texas Occupations Code Section 162.207 - Application Of Subchapter
  This subchapter does not: (1) affect the reporting requirements under Section 160.003; or (2) apply to a private medical school certified under this subchapter if ...
• Texas Occupations Code Section 163.001 - Definitions
  In this chapter: (1) "Committee" means a district review committee. (2) "District" means a district established under Section 163.002. Acts 1999, 76th Leg., ch. 388, ...
• Texas Occupations Code Section 163.002 - Designation Of Districts
  (a) The board shall designate: (1) the number of districts; and (2) the geographic area of a district composed of various counties. (b) The board ...
• Texas Occupations Code Section 163.003 - Committee
  (a) A committee consists of seven members appointed by the governor, as follows: (1) three physician members who are doctors of medicine (M.D.); (2) one ...
• Texas Occupations Code Section 163.004 - Board Rules Regarding Committees
  The board may adopt rules reasonably necessary to implement this chapter relating to: (1) per diem and expenses of committee members; (2) matters to be ...
• Texas Occupations Code Section 163.0045 - Assistance To Board
  The board may request members of a committee to participate in an informal meeting under Section 164.003. A physician committee member who participates in an ...
• Texas Occupations Code Section 163.005 - Committee Authority Limited
  A committee may not finally dispose of a complaint against a person licensed by the board or issue a final order or rule. The board ...
• Texas Occupations Code Section 164.001 - Disciplinary Authority Of Board; Methods Of Discipline
  (a) Except for good cause shown, the board, on determining a violation of this subtitle or a board rule or for any cause for which ...
• Texas Occupations Code Section 164.002 - Board Disposition Of Complaints, Contested Cases, And Other Matters
  (a) Unless precluded by law, the board may dispose of any complaint or matter relating to this subtitle or of any contested case by a ...
• Texas Occupations Code Section 164.0025 - Delegation Of Certain Complaint Dispositions
  (a) The board may delegate to a committee of board employees the authority to dismiss or enter into an agreed settlement of a complaint that ...
• Texas Occupations Code Section 164.003 - Informal Proceedings
  (a) The board by rule shall adopt procedures governing: (1) informal disposition of a contested case under Section 2001.056, Government Code; and (2) informal proceedings ...
• Texas Occupations Code Section 164.0031 - Board Representation In Informal Proceedings
  (a) In an informal meeting under Section 164.003 or an informal hearing under Section 164.103, at least two panelists shall be appointed to determine whether ...
• Texas Occupations Code Section 164.0032 - Roles And Responsibilities Of Participants In Informal Proceedings
  (a) A board member or district review committee member that serves as a panelist at an informal meeting under Section 164.003 shall make recommendations for ...
• Texas Occupations Code Section 164.0035 - Dismissal Of Baseless Complaint
  If, during the 180-day period prescribed by Section 164.003(b)(1), the board determines that the complaint is a baseless or unfounded complaint, the board shall dismiss ...
• Texas Occupations Code Section 164.0036 - Notice Regarding Certain Complaints
  (a) If an informal meeting is not scheduled for a complaint before the 180th day after the date the board's official investigation of the complaint ...
• Texas Occupations Code Section 164.004 - Compliance With Due Process Requirements
  (a) Except in the case of a suspension under Section 164.059 or under the terms of an agreement between the board and a license holder, ...
• Texas Occupations Code Section 164.005 - Initiation Of Charges; Formal Complaint
  (a) In this section, "formal complaint" means a written statement made by a credible person under oath that is filed and presented by a board ...
• Texas Occupations Code Section 164.006 - Service Of Notice
  (a) Service of process to notify the respondent of a hearing about the charges against the person must be served in accordance with Chapter 2001, ...
• Texas Occupations Code Section 164.007 - Administrative Hearings; Confidentiality Issues
  (a) The board by rule shall adopt procedures governing formal disposition of a contested case under Chapter 2001, Government Code. A formal hearing shall be ...
• Texas Occupations Code Section 164.0071 - Hearings On Certain Complaints
  (a) In a formal hearing described by Section 164.007 in which the sole basis for disciplinary action is the basis described by Section 164.051(a)(7), the ...
• Texas Occupations Code Section 164.008 - Right To Counsel
  In a hearing involving a disciplinary action under this subtitle, the respondent is entitled to appear personally, by counsel, or both. Acts 1999, 76th Leg., ...
• Texas Occupations Code Section 164.009 - Judicial Review
  A person whose license to practice medicine has been revoked or who is subject to other disciplinary action by the board may appeal to a ...
• Texas Occupations Code Section 164.010 - Monitoring Of License Holder
  (a) The board by rule shall develop a system to monitor compliance with the requirements of this subtitle of license holders who are the subject ...
• Texas Occupations Code Section 164.011 - License Status Pending Appeal
  (a) The board's decision on a disciplinary matter may not be enjoined or stayed except on application to the appropriate court after notice to the ...
• Texas Occupations Code Section 164.051 - Grounds For Denial Or Disciplinary Action
  (a) The board may refuse to admit a person to its examination or refuse to issue a license to practice medicine and may take disciplinary ...
• Texas Occupations Code Section 164.052 - Prohibited Practices By Physician Or License Applicant
  (a) A physician or an applicant for a license to practice medicine commits a prohibited practice if that person: (1) submits to the board a ...
• Texas Occupations Code Section 164.053 - Unprofessional Or Dishonorable Conduct
  (a) For purposes of Section 164.052(a)(5), unprofessional or dishonorable conduct likely to deceive or defraud the public includes conduct in which a physician: (1) commits ...
• Texas Occupations Code Section 164.054 - Additional Requirements Regarding Drug Records
  (a) Each physician shall keep a record of the physician's purchase and disposal of drugs and controlled substances described by Section 164.053(a)(2) that includes: (1) ...
• Texas Occupations Code Section 164.055 - Prohibited Acts Regarding Abortion
  (a) The board may take an appropriate disciplinary action against a physician who violates Section 170.002, Health and Safety Code. The board may refuse to ...
• Texas Occupations Code Section 164.056 - Physical Or Mental Examination; Hearing
  (a) In enforcing Section 164.051(a)(4), the board, on probable cause, shall request the affected physician or applicant to submit to a mental or physical examination ...
• Texas Occupations Code Section 164.057 - Required Suspension Or Revocation Of License For Certain Offenses
  (a) The board shall suspend a physician's license on proof that the physician has been: (1) initially convicted of: (A) a felony; (B) a misdemeanor ...
• Texas Occupations Code Section 164.058 - Required Suspension Of License Of Incarcerated Physician
  Regardless of the offense, the board shall suspend the license of a physician serving a prison term in a state or federal penitentiary during the ...
• Texas Occupations Code Section 164.059 - Temporary Suspension Or Restriction Of License
  (a) The president of the board shall appoint a three-member disciplinary panel consisting of board members to determine whether a person's license to practice medicine ...
• Texas Occupations Code Section 164.060 - Report Of Board Actions
  (a) Not later than the first working day after the date a board order is issued taking disciplinary action against a physician, the board shall ...
• Texas Occupations Code Section 164.061 - Surrender Of License
  (a) The board may accept the voluntary surrender of a license. (b) A surrendered license may not be returned unless the board determines, under board ...
• Texas Occupations Code Section 164.101 - Probation
  (a) The board on majority vote may probate an order canceling, revoking, or suspending a license or imposing any other method of discipline if the ...
• Texas Occupations Code Section 164.102 - Persons Ineligible For Probation
  (a) The board may not grant probation to a physician who constitutes, through the practice of medicine, a continuing threat to the public welfare. (b) ...
• Texas Occupations Code Section 164.103 - Rescission Of Probation
  (a) At any time during a probation term, on a showing of adequate grounds, the board may hold a hearing and, on proof of a ...
• Texas Occupations Code Section 164.151 - Application For License Reinstatement
  (a) On application, the board may reissue a license to practice medicine to a person whose license has been canceled, revoked, or suspended. (b) The ...
• Texas Occupations Code Section 164.152 - Application Period
  (a) A person may not apply for reinstatement of a license that was revoked before the first anniversary of the date on which the revocation ...
• Texas Occupations Code Section 164.153 - Certain Persons Ineligible For Reinstatement
  Except on an express determination based on substantial evidence contained in an investigative report indicating that reinstatement or reissue of the license is in the ...
• Texas Occupations Code Section 164.154 - Effect Of License Reinstatement On Certain Prosecutions Or Penalties
  If a physician has had charges filed against the physician during a period in which the physician's license was not in force or was suspended, ...
• Texas Occupations Code Section 164.201 - Review By Board If Three Or More Malpractice Claims
  The board shall review the medical competency of a physician against whom three or more expert reports under Section 74.351, Civil Practice and Remedies Code, ...
• Texas Occupations Code Section 164.202 - Rehabilitation Order
  (a) The board, through an agreed order or after a contested proceeding, may impose a nondisciplinary rehabilitation order on an applicant, as a prerequisite for ...
• Texas Occupations Code Section 164.203 - Effect Of Rehabilitation Order
  (a) A rehabilitation order imposed under Section 164.202 is a nondisciplinary private order. If entered by agreement, the order is: (1) an agreed disposition or ...
• Texas Occupations Code Section 164.204 - Audit Of Rehabilitation Order
  (a) The board shall maintain a rehabilitation order imposed under Section 164.202 in a confidential file. The file is subject to an independent audit by ...
• Texas Occupations Code Section 164.205 - Responsibilities Of Private Medical Associations
  (a) If a rehabilitation order imposed under Section 164.202 requires a license holder to participate in activities or programs provided by a local or statewide ...
• Texas Occupations Code Section 164.206 - Refund
  (a) Subject to Subsection (b), the board may order a license holder to pay a refund to a consumer as provided in an agreement resulting ...
• Texas Occupations Code Section 165.001 - Imposition Of Administrative Penalty
  The board by order may impose an administrative penalty against a person licensed or regulated under this subtitle who violates this subtitle or a rule ...
• Texas Occupations Code Section 165.002 - Procedure
  (a) The board by rule shall prescribe the procedure by which it may impose an administrative penalty. (b) A proceeding under this subchapter is subject ...
• Texas Occupations Code Section 165.003 - Amount Of Penalty
  (a) The amount of an administrative penalty may not exceed $5,000 for each violation. Each day a violation continues or occurs is a separate violation ...
• Texas Occupations Code Section 165.004 - Notice Of Violation And Penalty
  (a) If the board by order determines that a violation has occurred and imposes an administrative penalty, the board shall notify the affected person of ...
• Texas Occupations Code Section 165.005 - Options Following Decision: Pay Or Appeal
  (a) Not later than the 30th day after the date the board's order imposing the administrative penalty is final, the person shall: (1) pay the ...
• Texas Occupations Code Section 165.006 - Collection Of Penalty
  If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the executive director may refer the matter ...
• Texas Occupations Code Section 165.007 - Determination By Court
  (a) If on appeal the court sustains the determination that a violation occurred, the court may uphold or reduce the amount of the administrative penalty ...
• Texas Occupations Code Section 165.008 - Remittance Of Penalty And Interest
  (a) If after judicial review, the administrative penalty is reduced or not imposed by the court, the court shall, after the judgment becomes final: (1) ...
• Texas Occupations Code Section 165.051 - Injunction Authority
  In addition to any other action authorized by law, the board may institute an action in its own name to enjoin a violation of this ...
• Texas Occupations Code Section 165.052 - Cease And Desist Order
  (a) If it appears to the board that a person who is not licensed under this subtitle is violating this subtitle, a rule adopted under ...
• Texas Occupations Code Section 165.101 - Civil Penalty
  (a) If it appears that a person is in violation of or is threatening to violate this subtitle or a rule or order adopted by ...
• Texas Occupations Code Section 165.102 - Limitation On Civil Penalty
  The attorney general may not institute an action for a civil penalty against a person described by Section 151.053 or 151.054 if the person is ...
• Texas Occupations Code Section 165.103 - Recovery Of Expenses By Attorney General; Deposit
  (a) The attorney general may recover reasonable expenses incurred in obtaining a civil penalty under this subchapter, including: (1) court costs; (2) reasonable attorney's fees; ...
• Texas Occupations Code Section 165.151 - General Criminal Penalty
  (a) A person commits an offense if the person violates this subtitle or a rule of the board. (b) If another penalty is not specified ...
• Texas Occupations Code Section 165.152 - Practicing Medicine In Violation Of Subtitle
  (a) A person commits an offense if the person practices medicine in this state in violation of this subtitle. (b) Each day a violation continues ...
• Texas Occupations Code Section 165.153 - Criminal Penalties For Additional Harm
  (a) A person commits an offense if the person practices medicine without a license or permit and causes another person: (1) physical or psychological harm; ...
• Texas Occupations Code Section 165.1535 - Performing Surgery While Intoxicated
  (a) In this section, "intoxicated" has the meaning assigned by Section 49.01, Penal Code. (b) A person commits an offense if the person is licensed ...
• Texas Occupations Code Section 165.154 - Tampering With Governmental Record; Perjury Offenses
  (a) A person commits an offense if the person makes a false statement: (1) in the person's application for a license; or (2) under oath ...
• Texas Occupations Code Section 165.155 - Solicitation Of Patients; Penalty
  (a) A physician commits an offense if the physician employs or agrees to employ, pays or promises to pay, or rewards or promises to reward ...
• Texas Occupations Code Section 165.156 - Misrepresentation Regarding Entitlement To Practice Medicine
  A person, partnership, trust, association, or corporation commits an offense if the person, partnership, trust, association, or corporation, through the use of any letters, words, ...
• Texas Occupations Code Section 165.157 - Duty To Assist In Certain Prosecutions
  (a) The board and the board's employees shall assist the local prosecuting officers of each county in the enforcement of: (1) state laws prohibiting the ...
• Texas Occupations Code Section 165.158 - Unauthorized Release Of Confidential Information
  (a) A person commits an offense if the person unlawfully discloses confidential information described by Section 160.006 that is possessed by the board. (b) An ...
• Texas Occupations Code Section 165.159 - Practicing Medicine Without Registration
  (a) A person commits an offense if the person practices medicine without complying with the registration requirements imposed by this subtitle. (b) An offense under ...
• Texas Occupations Code Section 165.160 - Effect On Criminal Prosecution
  This subtitle does not bar a criminal prosecution for a violation of this subtitle or a rule adopted under this subtitle. Acts 1999, 76th Leg., ...
• Texas Occupations Code Section 201.001 - Definitions
  In this chapter: (1) "Board" means the Texas Board of Chiropractic Examiners. (2) "Chiropractor" means a person licensed to practice chiropractic by the board. Acts ...
• Texas Occupations Code Section 201.002 - Practice Of Chiropractic
  (a) In this section: (1) "Controlled substance" has the meaning assigned to that term by Section 481.002, Health and Safety Code. (2) "Dangerous drug" has ...
• Texas Occupations Code Section 201.003 - Applications And Exemptions
  (a) This chapter does not apply to a registered nurse licensed under Chapter 301, a vocational nurse licensed under Chapter 301, a person who provides ...
• Texas Occupations Code Section 201.004 - Application Of Sunset Act.
  The Texas Board of Chiropractic Examiners is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, ...
• Texas Occupations Code Section 201.051 - Board; Membership
  (a) The Texas Board of Chiropractic Examiners consists of nine members appointed by the governor with the advice and consent of the senate as follows: ...
• Texas Occupations Code Section 201.052 - Membership Eligibility
  (a) A person is not eligible to serve as a member of the board if the person: (1) is a member of the faculty or ...
• Texas Occupations Code Section 201.053 - Membership And Employee Restrictions
  (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 201.054 - Terms; Vacancy
  (a) Members of the board are appointed for staggered six-year terms. The terms of one-third of the members expire on February 1 of each odd-numbered ...
• Texas Occupations Code Section 201.055 - Officers
  (a) The governor shall designate a chiropractic member of the board as the board's president. The president serves in that capacity at the will of ...
• Texas Occupations Code Section 201.056 - 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 201.057 - Per Diem; Reimbursement
  (a) A board member is entitled to a per diem as set by the General Appropriations Act for each day the member engages in the ...
• Texas Occupations Code Section 201.058 - Meetings
  (a) The board shall hold regular meetings to examine applicants and transact business at least twice each year at the times and places determined by ...
• Texas Occupations Code Section 201.060 - Board Seal
  The seal of the board consists of a five-point star with the words, "The State of Texas," and the words, "Texas Board of Chiropractic Examiners," ...
• Texas Occupations Code Section 201.061 - Training.
  (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 201.101 - Division Of Responsibilities.
  The board shall develop and implement policies that clearly separate the policymaking responsibilities of the board and the management responsibilities of the executive director and ...
• Texas Occupations Code Section 201.102 - 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 chapter; ...
• Texas Occupations Code Section 201.103 - Career Ladder Program; 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 postings of all nonentry ...
• Texas Occupations Code Section 201.104 - Equal Employment Opportunity; Report
  (a) The executive director or the executive director's designee shall prepare and maintain a written policy statement to ensure implementation of an equal employment opportunity ...
• Texas Occupations Code Section 201.151 - General Powers And Duties
  The board shall administer the purposes of and enforce this chapter. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. ...
• Texas Occupations Code Section 201.152 - Rules
  (a) The board may adopt rules and bylaws: (1) necessary to: (A) perform the board's duties; and (B) regulate the practice of chiropractic; and (2) ...
• Texas Occupations Code Section 201.1525 - Rules Clarifying Scope Of Practice Of Chiropractic
  The board shall adopt rules clarifying what activities are included within the scope of the practice of chiropractic and what activities are outside of that ...
• Texas Occupations Code Section 201.1526 - Development Of Proposed Rules Regarding Scope Of Practice Of Chiropractic
  (a) This section applies to the process by which the board develops proposed rules under Section 201.1525 before the proposed rules are published in the ...
• Texas Occupations Code Section 201.153 - Fees
  (a) The board by rule shall set fees in amounts reasonable and necessary to cover the costs of administering this chapter. The board may not ...
• Texas Occupations Code Section 201.154 - Certification For Manipulation Under Anesthesia Prohibited
  Notwithstanding any other provision of this chapter, the board may not adopt a process to certify chiropractors to perform manipulation under anesthesia. Acts 1999, 76th ...
• Texas Occupations Code Section 201.155 - 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 201.1555 - Fraud
  (a) The board shall strictly and vigorously enforce the provisions of this chapter prohibiting fraud. (b) The board shall adopt rules to prevent fraud in ...
• Texas Occupations Code Section 201.156 - 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 201.157 - Immunity
  In the absence of fraud, conspiracy, or malice, a member or employee of the board, a witness called to testify by the board, or a ...
• Texas Occupations Code Section 201.158 - Board Committees
  (a) The board may appoint committees from its own members. (b) A committee appointed from the members of the board shall: (1) consider matters referred ...
• Texas Occupations Code Section 201.159 - Records
  (a) The board shall preserve a record of its proceedings in a register that contains: (1) the name, age, place, and duration of residence of ...
• Texas Occupations Code Section 201.160 - Payment Of Other Expenses.
  The board shall pay the necessary expenses of an employee of the board incurred in the performance of the employee's duties. Acts 1999, 76th Leg., ...
• Texas Occupations Code Section 201.161 - Appropriation From State Treasury Prohibited
  The legislature may not appropriate money, other than fees, from the state treasury for an expenditure made necessary by this chapter. Acts 1999, 76th Leg., ...
• Texas Occupations Code Section 201.163 - Policy On Technological Solutions
  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 201.164 - 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 201.201 - 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 201.202 - 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 201.203 - Complaints
  (a) The board by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of ...
• Texas Occupations Code Section 201.204 - Records Of Complaints
  (a) The board shall keep an information file about each complaint filed with the board. The board's information file must be kept current and contain ...
• Texas Occupations Code Section 201.205 - General Rules Regarding Complaint Investigation And Disposition
  (a) The board shall adopt rules concerning the investigation of a complaint filed with the board. The rules adopted under this section must: (1) distinguish ...
• Texas Occupations Code Section 201.206 - Confidentiality Of Investigation Files
  (a) The board's investigation files are confidential, privileged, and not subject to discovery, subpoena, or any other means of legal compulsion for release other than ...
• Texas Occupations Code Section 201.207 - Inspections
  (a) The board, during reasonable business hours, may: (1) conduct an on-site inspection of a chiropractic facility to investigate a complaint filed with the board; ...
• Texas Occupations Code Section 201.208 - Cooperation With Texas Department Of Insurance
  (a) In this section, "department" means the Texas Department of Insurance. (b) This section applies only to information held by or for the department or ...
• Texas Occupations Code Section 201.209 - Information On Status Of Certain Investigations
  The board shall include in the annual financial report required by Section 2101.011, Government Code, information on all investigations conducted by the board with the ...
• Texas Occupations Code Section 201.251 - Appointment Of Peer Review Committees; Terms
  (a) The board shall appoint local chiropractic peer review committees. Members of a local chiropractic peer review committee serve staggered terms of three years, with ...
• Texas Occupations Code Section 201.252 - Committee Member Eligibility
  (a) Only a chiropractor who has completed a program of peer review training approved by the board is eligible to serve on a chiropractic peer ...
• Texas Occupations Code Section 201.253 - Executive Peer Review Committee
  (a) The board shall appoint an executive chiropractic peer review committee to direct the activities of the local committees. The executive peer review committee consists ...
• Texas Occupations Code Section 201.254 - Duties Of Peer Review Committee With Regard To Certain Disputes
  (a) Each local chiropractic peer review committee shall: (1) review and evaluate chiropractic treatment and services in disputes involving a chiropractor and a patient or ...
• Texas Occupations Code Section 201.2545 - Complaint Investigation By Peer Review Committee
  (a) The board may refer to a local chiropractic peer review committee for investigation a complaint regarding whether chiropractic treatment or services provided by a ...
• Texas Occupations Code Section 201.2546 - Immunity; Eligibility To Participate In Committee Activities
  (a) In the absence of fraud, conspiracy, or malice, a member of a peer review committee is not liable in a civil action for a ...
• Texas Occupations Code Section 201.255 - Request For Information; Report To Board On Disputes Mediated
  (a) The board may request from a chiropractic peer review committee information pertaining to actions taken by the peer review committee. (b) The executive chiropractic ...
• Texas Occupations Code Section 201.256 - Public Access To Information Regarding Peer Review Committees
  The board shall maintain on the board's Internet website information regarding local chiropractic peer review committees, including: (1) the services committees provide; and (2) the ...
• Texas Occupations Code Section 201.301 - License Required
  A person may not practice chiropractic unless the person holds a license issued by the board. Acts 1999, 76th Leg., ch. 388, § 1, eff. ...
• Texas Occupations Code Section 201.302 - Licensing Examination Application
  (a) An applicant for a license by examination must present satisfactory evidence to the board that the applicant: (1) is at least 18 years of ...
• Texas Occupations Code Section 201.303 - Educational Requirements
  (a) To comply with the requirements of Section 201.302, the applicant must submit to the board a transcript of credits that certifies that the applicant ...
• Texas Occupations Code Section 201.304 - Examination Requirements
  (a) To receive a license, an applicant for a license by examination must pass: (1) the required and optional parts of the examination given by ...
• Texas Occupations Code Section 201.305 - Examination Procedure
  (a) Each examination for a license to practice chiropractic shall be conducted in the English language and in a fair and impartial manner. (b) An ...
• Texas Occupations Code Section 201.306 - Examination Results
  (a) The board shall notify each applicant of the results of an examination given by the board not later than the 30th day after the ...
• Texas Occupations Code Section 201.307 - Reexamination
  (a) An applicant who fails to pass a required examination may take another examination. (b) The board by rule shall establish the number of times ...
• Texas Occupations Code Section 201.308 - Temporary License
  (a) The board by rule may provide for the issuance of a temporary license. (b) The board by rule shall provide a time limit for ...
• Texas Occupations Code Section 201.309 - License Issuance To Certain Out-Of-State Applicants
  The board shall issue a license to practice chiropractic to an out-of-state applicant who: (1) submits a written application to the board on a form ...
• Texas Occupations Code Section 201.311 - Inactive Status
  (a) The board by rule shall adopt a system by which a license holder may place the license on inactive status. A license holder must ...
• Texas Occupations Code Section 201.312 - Registration Of Facilities
  (a) The board by rule shall adopt requirements for registering chiropractic facilities as necessary to protect the public health, safety, and welfare. (b) The rules ...
• Texas Occupations Code Section 201.351 - Annual Registration
  A chiropractor may not practice chiropractic in this state unless the chiropractor annually registers with the board not later than January 1 of each year. ...
• Texas Occupations Code Section 201.352 - Application For Annual Registration
  (a) A person required to register shall: (1) file annually with the board a written application for registration; and (2) pay, with the application, an ...
• Texas Occupations Code Section 201.353 - License Expiration Date
  (a) The board by rule may adopt a system under which licenses expire on various dates during the year. (b) For a year in which ...
• Texas Occupations Code Section 201.354 - License Renewal
  (a) A person may renew an unexpired license by paying the required renewal fee to the board before the expiration date of the license. (b) ...
• Texas Occupations Code Section 201.355 - Renewal Of Expired License By Out-Of-State Practitioner
  (a) The board may renew without reexamination an expired license of a person who was licensed in this state, moved to another state or foreign ...
• Texas Occupations Code Section 201.356 - Continuing Education
  (a) The board by rule shall: (1) assess the continuing education needs of license holders; (2) adopt requirements for mandatory continuing education for license holders ...
• Texas Occupations Code Section 201.401 - Definition Of Patient
  In this subchapter, "patient" means any person who consults or is seen by a chiropractor to receive chiropractic care. Acts 1999, 76th Leg., ch. 388, ...
• Texas Occupations Code Section 201.402 - Patient Confidentiality
  (a) Communications between a chiropractor and a patient relating to or in connection with any professional services provided by a chiropractor to the patient are ...
• Texas Occupations Code Section 201.403 - Exceptions To Confidentiality For Administrative Procedure
  (a) Section 201.402 does not apply in a court or administrative proceeding: (1) brought by a patient against a chiropractor, including: (A) a malpractice proceeding; ...
• Texas Occupations Code Section 201.404 - Exceptions To Confidentiality For Other Circumstances
  (a) In circumstances other than court or administrative proceedings, exceptions to Section 201.402 exist only for: (1) a governmental agency, if the disclosure is required ...
• Texas Occupations Code Section 201.405 - Consent For Release
  (a) In this section, "chiropractic records" means any record relating to the history, diagnosis, treatment, or prognosis of a patient. (b) Consent for the release ...
• Texas Occupations Code Section 201.451 - Delegation To Assistants
  (a) The board by rule shall establish guidelines relating to the tasks and procedures that a chiropractor may delegate to an assistant. (b) A chiropractor ...
• Texas Occupations Code Section 201.452 - Use Of X-Ray
  (a) The board may require evidence of proper training and safety in the use of analytical and diagnostic x-ray in conformity with: (1) Chapter 401, ...
• Texas Occupations Code Section 201.453 - Malpractice Settlement Information And Expert Reports
  (a) The Texas Department of Insurance shall provide to the board any information received by the department regarding a settlement of a malpractice claim against ...
• Texas Occupations Code Section 201.501 - Disciplinary Powers Of Board
  (a) On a determination that a person has violated this chapter or a rule adopted by the board under this chapter, the board: (1) shall ...
• Texas Occupations Code Section 201.502 - Grounds For Refusal, Revocation, Or Suspension Of License
  (a) The board may refuse to admit a person to examinations and may revoke or suspend a license or place a license holder on probation ...
• Texas Occupations Code Section 201.5025 - Prohibited Practices By Chiropractor Or License Applicant
  (a) A chiropractor or an applicant for a license to practice chiropractic commits a prohibited practice if that person: (1) submits to the board a ...
• Texas Occupations Code Section 201.5026 - Unprofessional Or Dishonorable Conduct
  (a) For purposes of Section 201.5025(a)(3), unprofessional or dishonorable conduct that is likely to deceive or defraud the public includes conduct in which a chiropractor: ...
• Texas Occupations Code Section 201.503 - Schedule Of Sanctions
  (a) The board by rule shall adopt a schedule of the maximum amount of sanctions that may be assessed against a license holder for each ...
• Texas Occupations Code Section 201.504 - Informal Proceedings; Refunds
  (a) The board by rule shall adopt procedures governing: (1) informal disposition of a contested case under Section 2001.056, Government Code; and (2) an informal ...
• Texas Occupations Code Section 201.505 - Hearings
  (a) A person is entitled to a hearing before the board if the board proposes to: (1) refuse the person's application for a license; (2) ...
• Texas Occupations Code Section 201.506 - Enforcement Committee
  (a) The board shall appoint an enforcement committee to: (1) oversee and conduct the investigation of complaints filed with the board under this chapter; and ...
• Texas Occupations Code Section 201.5065 - Required Suspension Or Revocation Of License For Certain Offenses
  (a) The board shall suspend a chiropractor's license on proof that the chiropractor has been: (1) initially convicted of: (A) a felony; (B) a misdemeanor ...
• Texas Occupations Code Section 201.507 - Temporary License Suspension
  (a) The enforcement committee may temporarily suspend the license of a license holder on an emergency basis if the enforcement committee determines from the evidence ...
• Texas Occupations Code Section 201.508 - Powers Of District Courts; Duties Of District And County Attorneys
  (a) A district court may revoke or suspend a chiropractor's license on proof of a violation of the law relating to the practice of chiropractic. ...
• Texas Occupations Code Section 201.509 - Representation By Attorney General
  (a) The board may apply to the attorney general for representation by stating that the board previously requested the representation of a district or county ...
• Texas Occupations Code Section 201.510 - Right To Appeal
  (a) A person whose license to practice chiropractic has been revoked or suspended or against whom the board has imposed an administrative penalty may appeal ...
• Texas Occupations Code Section 201.511 - Reissuance Of License
  (a) On application, the board may reissue a license to practice chiropractic to a person whose license has been canceled or suspended. (b) An applicant ...
• Texas Occupations Code Section 201.551 - Imposition Of Administrative Penalty
  The board may impose an administrative penalty on a person licensed or regulated under this chapter if the person violates this chapter or a rule ...
• Texas Occupations Code Section 201.552 - Amount Of Penalty
  (a) The amount of an administrative penalty may not exceed $1,000. (b) Each day a violation continues or occurs is a separate violation for purposes ...
• Texas Occupations Code Section 201.553 - Enforcement Committee Recommendations
  (a) On a determination by the enforcement committee that a violation of this chapter or a rule or order adopted under this chapter occurred, the ...
• Texas Occupations Code Section 201.554 - Penalty To Be Paid Or Hearing Requested
  (a) Not later than the 20th day after the date a person receives the notice under Section 201.553, the person may: (1) accept in writing ...
• Texas Occupations Code Section 201.555 - Hearing On Enforcement Committee Recommendations
  (a) If the person requests a hearing or fails to respond timely to the notice, the executive director shall set a hearing and give notice ...
• Texas Occupations Code Section 201.556 - Decision By Board
  (a) Based on the findings of fact, conclusions of law, and proposal for a decision, the board by order may determine that: (1) a violation ...
• Texas Occupations Code Section 201.557 - Options Following Decision: Pay Or Appeal
  (a) Not later than the 30th day after the date the board's order becomes final, the person shall: (1) pay the administrative penalty; (2) pay ...
• Texas Occupations Code Section 201.558 - Collection Of Penalty
  If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the executive director may, at the direction ...
• Texas Occupations Code Section 201.559 - Determination By Court
  (a) If a court sustains the finding that a violation occurred after the court reviews the order of the board imposing an administrative penalty, the ...
• Texas Occupations Code Section 201.560 - Remittance Of Penalty And Interest
  (a) If after judicial review, the administrative penalty is reduced or not imposed by the court, the court shall, after the judgment becomes final: (1) ...
• Texas Occupations Code Section 201.561 - Administrative Procedure
  All proceedings under this subchapter are subject to Chapter 2001, Government Code. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. ...
• Texas Occupations Code Section 201.601 - Injunctive Relief
  (a) The board may institute in the board's name an action to restrain a violation of this chapter. An action under this subsection is in ...
• Texas Occupations Code Section 201.6015 - Cease And Desist Order
  (a) If it appears to the board that a person is engaging in an act or practice that constitutes the practice of chiropractic without a ...
• Texas Occupations Code Section 201.602 - Monitoring License Holder
  The board by rule shall develop a system for monitoring compliance with the requirements of this chapter of a license holder who is the subject ...
• Texas Occupations Code Section 201.603 - Civil Penalty
  (a) A person who violates this chapter or a rule adopted by the board under this chapter is liable to the state for a civil ...
• Texas Occupations Code Section 201.604 - General Criminal Penalty
  A person commits an offense if the person violates this chapter. An offense under this section is a misdemeanor punishable by a fine of not ...
• Texas Occupations Code Section 201.605 - Criminal Penalty: Practice Without License
  (a) A person commits an offense if the person violates Section 201.301. (b) Except as provided by Subsection (c), an offense under this section is ...
• Texas Occupations Code Section 201.606 - Criminal Penalty: Providing Chiropractic Treatment Or Services While Intoxicated
  (a) In this section, "intoxicated" has the meaning assigned by Section 49.01, Penal Code. (b) A person commits an offense if the person is licensed ...
• Texas Occupations Code Section 202.001 - Definitions
  (a) In this chapter: (1) "Board" means the Texas State Board of Podiatric Medical Examiners. (2) "Executive director" means the employee of the board who ...
• Texas Occupations Code Section 202.002 - Application Of Sunset Act
  The Texas State Board of Podiatric Medical Examiners is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by ...
• Texas Occupations Code Section 202.003 - Application Of Chapter
  (a) This chapter does not apply to: (1) a physician licensed by the Texas State Board of Medical Examiners; (2) a surgeon of the United ...
• Texas Occupations Code Section 202.051 - Board Membership
  (a) The Texas State Board of Podiatric Medical Examiners consists of nine members appointed by the governor as follows: (1) six members who are reputable ...
• Texas Occupations Code Section 202.052 - Oath Of Office
  Before entering office, a board member shall qualify for office by filing with the secretary of state the constitutional oath taken by the board member. ...
• Texas Occupations Code Section 202.053 - Public Member Eligibility
  A person is not eligible for appointment as a public member of the board if the person or the person's spouse: (1) is registered, certified, ...
• Texas Occupations Code Section 202.054 - Membership And Employee Restrictions
  (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 202.055 - Terms
  Members of the board serve staggered six-year terms. At the expiration of the term of each member, the governor shall appoint a successor. Acts 1999, ...
• Texas Occupations Code Section 202.056 - 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 202.057 - Per Diem; Reimbursement
  (a) Each board member is entitled to a per diem as set by legislative appropriation for each day the member engages in the business of ...
• Texas Occupations Code Section 202.058 - Officers
  (a) The governor shall designate a member of the board as the president of the board to serve in that capacity at the pleasure of ...
• Texas Occupations Code Section 202.059 - Meetings
  (a) The board shall hold regular meetings at least twice a year and special meetings as necessary. The board shall hold the meetings at times ...
• Texas Occupations Code Section 202.060 - Location Of Offices
  The board shall maintain offices in Austin. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. ...
• Texas Occupations Code Section 202.061 - Training
  (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 202.101 - Division Of Responsibilities
  The board shall develop and implement policies that clearly separate the policymaking responsibilities of the board and the management responsibilities of the executive director and ...
• Texas Occupations Code Section 202.102 - Qualifications And Standards Of Conduct
  The board shall provide, as often as necessary, to its members and employees information regarding their: (1) qualifications for office or employment under this chapter; ...
• Texas Occupations Code Section 202.103 - Career Ladder Program; 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 non-entry-level ...
• Texas Occupations Code Section 202.104 - 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 202.151 - General Rulemaking Authority
  The board shall adopt reasonable or necessary rules and bylaws consistent with the law regulating the practice of podiatry, the law of this state, and ...
• Texas Occupations Code Section 202.152 - Rules Regarding Advertising And 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 202.1525 - Rules On Consequences Of Criminal Conviction
  (a) The board shall adopt rules necessary to comply with Chapter 53. (b) In its rules under this section, the board shall list the specific ...
• Texas Occupations Code Section 202.153 - Fees
  (a) The board by rule shall establish fees in amounts reasonable and necessary to cover the cost of administering this chapter. The board may not ...
• Texas Occupations Code Section 202.154 - Committees
  The board may appoint committees from its own membership. The duties of a committee are to: (1) consider matters relating to the enforcement of the ...
• Texas Occupations Code Section 202.1545 - Advisory Committee Membership
  (a) This section does not apply to a committee created under Section 202.154 exclusively composed of board members. (b) A board member is not eligible ...
• Texas Occupations Code Section 202.155 - Contracts With Other State Agencies
  The board may contract with the Texas State Board of Medical Examiners or any other appropriate state agency to provide some or all of the ...
• Texas Occupations Code Section 202.156 - Board Records
  (a) The board shall keep correct records of the board's proceedings and of all money received or spent by the board. The records shall be ...
• Texas Occupations Code Section 202.157 - Board Proceedings
  (a) The board is not bound by the strict rules of procedure or by the laws of evidence in the conduct of its proceedings, but ...
• Texas Occupations Code Section 202.158 - 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 202.159 - Annual Report Regarding Funds
  (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 202.160 - 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 202.161 - 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 202.162 - 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 202.163 - Negotiated Rulemaking And Alternative Dispute Resolution Procedures
  (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 202.201 - Public Interest Information
  (a) The board shall prepare information of public interest describing the functions of the board and the board's procedures by which complaints are filed with ...
• Texas Occupations Code Section 202.202 - Complaints
  (a) The board by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of ...
• Texas Occupations Code Section 202.203 - Complaint Records
  (a) The board shall maintain a system to promptly and efficiently act on complaints filed with the board. The board shall maintain information about parties ...
• Texas Occupations Code Section 202.204 - General Rules Regarding Complaint Investigation And Disposition
  (a) The board shall adopt rules concerning the investigation of a complaint filed with the board. The rules adopted under this subsection must: (1) distinguish ...
• Texas Occupations Code Section 202.205 - 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 202.251 - License Required
  A person may not practice podiatry or hold the person out as a podiatrist unless the person is licensed under this chapter. Acts 1999, 76th ...
• Texas Occupations Code Section 202.252 - License Application
  (a) A person who desires to practice podiatry in this state shall apply in writing to the board for a license on a form prescribed ...
• Texas Occupations Code Section 202.253 - Grounds For Denial Of License
  (a) The board may refuse to admit a person to an examination, and may refuse to issue a license to practice podiatry to a person, ...
• Texas Occupations Code Section 202.254 - Examination
  (a) Except as provided by Section 202.261, each applicant for a license to practice podiatry in this state must pass an examination approved by the ...
• Texas Occupations Code Section 202.255 - Examination Results
  (a) The board shall notify each examinee of the results of the examination not later than the 30th day after the date a licensing examination ...
• Texas Occupations Code Section 202.256 - Reexamination
  (a) An applicant who fails an examination and is refused a license based on that failure may retake the examination. The applicant must pay the ...
• Texas Occupations Code Section 202.257 - Issuance Of License
  The board shall issue a license to each applicant who possesses the qualifications required for a license and passes the examination. Acts 1999, 76th Leg., ...
• Texas Occupations Code Section 202.258 - Refusal Of Admittance To Examination
  An applicant who is refused admittance to examination may try the issue in a district court in Travis County. Acts 1999, 76th Leg., ch. 388, ...
• Texas Occupations Code Section 202.259 - Temporary License
  (a) The board by rule may adopt a procedure for the issuance of a temporary license to an applicant other than an applicant for a ...
• Texas Occupations Code Section 202.260 - Provisional License
  (a) On application, the board shall grant a provisional license to practice podiatry to an applicant who: (1) is licensed in good standing as a ...
• Texas Occupations Code Section 202.261 - Limited License For Podiatry Faculty Members
  (a) The board may issue a license to practice podiatry without administering the examination under Section 202.254 to a podiatrist who: (1) at the time ...
• Texas Occupations Code Section 202.262 - Display Of License
  (a) A person licensed under this chapter must conspicuously display both the license and an annual renewal certificate for the current year of practice at ...
• Texas Occupations Code Section 202.263 - Issuance Of Duplicate Or Amended License
  (a) If a license issued by the board is lost, destroyed, or stolen from the person to whom it was issued, the license holder shall ...
• Texas Occupations Code Section 202.264 - Inactive Status
  The board by rule may provide for the license of a person under this chapter to be placed on inactive status. Rules adopted under this ...
• Texas Occupations Code Section 202.301 - Annual License Renewal
  (a) The board by rule may adopt a system under which licenses expire on various dates during the year, and the dates for sending notice ...
• Texas Occupations Code Section 202.302 - Renewal Of Expired License By Out-Of-State Practitioner
  (a) The board may renew without reexamination an expired license of a person who was licensed in this state, moved to another state, and is ...
• Texas Occupations Code Section 202.303 - Practice Without Renewing License
  A person who practices podiatry without an annual renewal certificate for the current year is considered to be practicing without a license and is subject ...
• Texas Occupations Code Section 202.304 - Renewal After Military Service
  (a) Except as provided by Subsection (c), this section applies to a podiatrist whose license has been suspended or revoked, or whose annual renewal certificate ...
• Texas Occupations Code Section 202.305 - Continuing Education
  (a) The board shall develop a mandatory continuing education program. In developing its program, the board shall: (1) establish by rule the minimum hours of ...
• Texas Occupations Code Section 202.351 - Podiatry Services For Certain Health Organizations
  A licensed podiatrist may contract with a health organization approved by the Texas State Board of Medical Examiners under Chapter 162 to provide podiatry services ...
• Texas Occupations Code Section 202.352 - Board Approval Of Names Under Which Podiatrist May Practice
  (a) The board may adopt rules establishing standards or guidelines for the name, including a trade name or assumed name, under which a podiatrist may ...
• Texas Occupations Code Section 202.353 - Malpractice Claim Reports
  (a) An insurer who delivers or issues for delivery in this state professional liability insurance coverage to a podiatrist who practices in this state shall ...
• Texas Occupations Code Section 202.401 - Definitions
  In this subchapter: (1) "Patient" means a person who consults or is seen by a podiatrist to receive podiatric care. (2) "Podiatric record" means a ...
• Texas Occupations Code Section 202.402 - Scope Of Privilege
  (a) A communication that relates to or is in connection with professional services provided by a podiatrist for a patient is confidential and privileged and ...
• Texas Occupations Code Section 202.403 - Claim Of Privilege
  (a) The privilege of confidentiality under this subchapter may be claimed by the patient or by a podiatrist acting on the patient's behalf. (b) A ...
• Texas Occupations Code Section 202.404 - Exceptions To Privilege And Confidentiality In Certain Proceedings
  (a) The privilege and confidentiality requirements under this subchapter do not apply in a court or administrative proceeding if: (1) the proceeding is brought by ...
• Texas Occupations Code Section 202.405 - Other Exceptions To Privilege And Confidentiality Requirements
  (a) The privilege and confidentiality requirements of this subchapter do not apply to, and a podiatrist may disclose information made confidential under this subchapter to: ...
• Texas Occupations Code Section 202.406 - Consent For Release Of Confidential Information
  (a) Consent for the release of information made confidential under this subchapter must be made in writing and signed by: (1) the patient; (2) the ...
• Texas Occupations Code Section 202.407 - Disclosure Of Released Information
  A person who receives information made confidential by this subchapter may disclose the information to another person only to the extent consistent with the authorized ...
• Texas Occupations Code Section 202.451 - Definitions
  In this subchapter: (1) "Podiatric medical society or association" means a membership organization of podiatrists: (A) incorporated under the Texas Non-Profit Corporation Act (Article 1396-1.01 ...
• Texas Occupations Code Section 202.452 - Disclosure Of Communications Made To Peer Review Committee
  (a) Written or oral communications made to a podiatric peer review committee and the records and proceedings of a peer review committee may be disclosed ...
• Texas Occupations Code Section 202.453 - Information Provided To Affected Podiatrist
  A podiatric peer review committee that takes action that could result in censure or suspension, restriction, limitation, or revocation of a license by the board ...
• Texas Occupations Code Section 202.454 - Confidentiality Requirements
  (a) Except as otherwise provided by this subchapter, the proceedings and records of a podiatric peer review committee are confidential and all communications made to ...
• Texas Occupations Code Section 202.455 - Privilege Of Confidentiality; Waiver
  (a) The records or determinations of a podiatric peer review committee or communications made to a committee are not subject to subpoena or discovery and ...
• Texas Occupations Code Section 202.456 - Immunity
  (a) Except for an action involving fraud, conspiracy, or malice, a podiatric peer review committee is immune from liability and may not be subject to ...
• Texas Occupations Code Section 202.457 - Claims For Defense Costs
  A podiatric peer review committee, a person participating in peer review, or another entity named as a defendant in a civil action filed as a ...
• Texas Occupations Code Section 202.501 - Board Disciplinary Powers; Administrative Procedure
  (a) The board shall revoke or suspend a license, place on probation a person whose license has been suspended, or reprimand a license holder for ...
• Texas Occupations Code Section 202.5015 - Certain Conduct Constituting Chapter Violation
  A license holder who engages in conduct described by Section 202.253 violates this chapter. Added by Acts 2001, 77th Leg., ch. 1259, § 2, eff. ...
• Texas Occupations Code Section 202.502 - Revocation And Suspension Of License For Drug-Related Felony Conviction
  (a) The board shall suspend a person's license after an administrative hearing conducted in accordance with Chapter 2001, Government Code, in which the board determines ...
• Texas Occupations Code Section 202.503 - Probation; Hearing
  (a) The board, on majority vote, may probate an order revoking or suspending a podiatrist's license conditioned on the podiatrist conforming to any order or ...
• Texas Occupations Code Section 202.504 - Reissuance Of License
  (a) On application, the board may reissue a license to practice podiatry to a person whose license has been revoked or suspended. (b) A person ...
• Texas Occupations Code Section 202.505 - Reexamination If License Suspended Or Revoked
  The board may refuse to reinstate a license or to issue a new license until a podiatrist has passed the regular license examination if the ...
• Texas Occupations Code Section 202.506 - Application To Certain Drug Offenses
  A person convicted of a felony under Chapter 481 or 483, Health and Safety Code, or Section 485.033, Health and Safety Code, is not eligible ...
• Texas Occupations Code Section 202.507 - Subpoena Authority
  (a) The board may request and, if necessary, compel by subpoena: (1) the attendance or examination under oath of witnesses; and (2) the production of ...
• Texas Occupations Code Section 202.508 - Informal Proceedings
  (a) The board by rule shall adopt procedures governing: (1) informal disposition of a contested case under Section 2001.056, Government Code; and (2) informal proceedings ...
• Texas Occupations Code Section 202.5085 - Refund
  (a) Subject to Subsection (b), the board may order a person licensed under this chapter to pay a refund to a consumer as provided in ...
• Texas Occupations Code Section 202.509 - Disclosure Of Investigative Information
  (a) A complaint, report, investigation file, or other investigative information in the possession of or received or gathered by the board or an employee or ...
• Texas Occupations Code Section 202.510 - Temporary Suspension Of License
  (a) The president of the board shall appoint a disciplinary panel consisting of three board members to determine whether a person's license to practice podiatry ...
• Texas Occupations Code Section 202.551 - Imposition Of Penalty
  The board may impose an administrative penalty against a person licensed or regulated under this chapter who violates this chapter or a rule or order ...
• Texas Occupations Code Section 202.552 - Amount Of Penalty
  (a) The amount of an administrative penalty may not exceed $5,000. Each day a violation continues or occurs is a separate violation for purposes of ...
• Texas Occupations Code Section 202.553 - Report And Notice Of Violation And Penalty
  (a) The executive director, on determining that a violation has occurred, may issue to the board a report that states the facts on which the ...
• Texas Occupations Code Section 202.554 - Penalty To Be Paid Or Hearing Requested
  (a) Not later than the 20th day after the date the person receives the notice under Section 202.553, the person may: (1) accept in writing ...
• Texas Occupations Code Section 202.555 - Hearing
  (a) If the person requests a hearing or fails to respond timely to the notice, the executive director shall: (1) set a hearing; and (2) ...
• Texas Occupations Code Section 202.556 - Decision By Board
  (a) Based on the findings of fact, conclusions of law, and proposal for a decision, the board by order may determine that: (1) a violation ...
• Texas Occupations Code Section 202.557 - Options Following Decision: Pay Or Appeal
  (a) Not later than the 30th day after the date the board's order is final, the person shall: (1) pay the administrative penalty; (2) pay ...
• Texas Occupations Code Section 202.558 - Collection Of Penalty
  If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the executive director may refer the matter ...
• Texas Occupations Code Section 202.559 - 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 202.560 - Remittance Of Penalty And Interest
  (a) If after judicial review, the administrative penalty is reduced or not imposed by the court, the court shall, after judgment becomes final: (1) order ...
• Texas Occupations Code Section 202.561 - Administrative Procedure
  A proceeding under this subchapter is subject to Chapter 2001, Government Code. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. ...
• Texas Occupations Code Section 202.601 - Injunction
  (a) In addition to any other action, proceeding, or remedy authorized by law, the board may institute an action in its own name to enjoin ...
• Texas Occupations Code Section 202.6015 - Cease And Desist Order
  (a) If it appears to the board that a person who is not licensed under this chapter is violating or has violated this chapter, a ...
• Texas Occupations Code Section 202.602 - Monitoring And Inspection Of License Holder
  (a) The board by rule shall develop a system to monitor a podiatrist's compliance with this chapter. The system must include: (1) procedures for determining ...
• Texas Occupations Code Section 202.603 - Prosecution Of Violation
  The board shall take action to ensure the prosecution of each person who violates this chapter and may incur reasonably necessary related expenses. Acts 1999, ...
• Texas Occupations Code Section 202.604 - Civil Penalty: Use Of Trade Name; Injunction
  (a) A person who violates Section 202.352 or a rule adopted or a determination made by the board under that section is subject to a ...
• Texas Occupations Code Section 202.605 - General Criminal Penalty: Practicing Without License
  (a) A person commits an offense if the person professes to be a podiatrist or practices or assumes the duties incident to the practice of ...
• Texas Occupations Code Section 202.606 - Criminal Penalty: Amputation Of Foot
  (a) A podiatrist commits an offense if the podiatrist amputates a human foot. (b) An offense under this section is punishable by: (1) a fine ...
• Texas Occupations Code Section 203.001 - Short Title
  This chapter may be cited as the Texas Midwifery Act. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. ...
• Texas Occupations Code Section 203.002 - Definitions
  In this chapter: (1) Repealed by Acts 2005, 79th Leg., ch. 1240, § 56(1). (2) "Certified nurse-midwife" means a person who is: (A) a registered ...
• Texas Occupations Code Section 203.003 - Findings
  The legislature finds: (1) a parent has the responsibility and right to give birth where and with whom the parent chooses; (2) childbirth is a ...
• Texas Occupations Code Section 203.004 - Applicability
  This chapter does not apply to: (1) a certified nurse-midwife, a physician, or another health care professional licensed by the state and operating within the ...
• Texas Occupations Code Section 203.005 - Effect On Local Ordinances
  This chapter does not prohibit a municipality from adopting a local ordinance or rule to regulate the practice of midwifery in the municipality if the ...
• Texas Occupations Code Section 203.006 - Application Of Sunset Act
  The midwifery board is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the midwifery board ...
• Texas Occupations Code Section 203.051 - Midwifery Board
  The commissioner shall appoint a midwifery board that reports directly to the commissioner. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. ...
• Texas Occupations Code Section 203.052 - Appointment Of Midwifery Board
  (a) The midwifery board consists of nine members appointed as follows: (1) five licensed midwife members each of whom has at least three years' experience ...
• Texas Occupations Code Section 203.053 - Eligibility Of Public Members
  A person is not eligible for appointment as a public member of the midwifery board if the person or the person's spouse: (1) is registered, ...
• Texas Occupations Code Section 203.054 - Membership And Employee Restrictions
  (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 203.055 - Terms
  Members of the midwifery board serve for staggered terms of six years. The terms of three members expire on January 31 of each odd-numbered year. ...
• Texas Occupations Code Section 203.056 - Officers
  The commissioner shall designate a public member of the midwifery board as the presiding officer of the midwifery board to serve in that capacity at ...
• Texas Occupations Code Section 203.057 - Grounds For Removal
  (a) It is a ground for removal from the midwifery board that a member: (1) does not have at the time of taking office the ...
• Texas Occupations Code Section 203.058 - Reimbursement
  A midwifery board member may receive reimbursement for travel expenses as provided by the General Appropriations Act. Acts 1999, 76th Leg., ch. 388, § 1, ...
• Texas Occupations Code Section 203.059 - Meetings
  (a) The midwifery board shall meet at least semiannually. (b) The midwifery board shall meet at other times at the call of the midwifery board ...
• Texas Occupations Code Section 203.060 - Training
  (a) A person who is appointed to and qualifies for office as a member of the midwifery board may not vote, deliberate, or be counted ...
• Texas Occupations Code Section 203.101 - Program Coordinator
  The department shall, after consultation with the midwifery board, employ a coordinator for the midwifery program and the staff necessary to administer the program. Acts ...
• Texas Occupations Code Section 203.102 - Duties Of Program Coordinator
  The program coordinator shall supervise the staff in the performance of administrative duties, including: (1) keeping the minutes of midwifery board meetings; and (2) maintaining: ...
• Texas Occupations Code Section 203.103 - Division Of Responsibilities
  The midwifery board shall develop and implement policies that clearly define the respective responsibilities of the midwifery board and the staff of the midwifery board. ...
• Texas Occupations Code Section 203.104 - Equal Employment Opportunity Policy; Report
  (a) The program coordinator or the program coordinator's designee shall prepare and maintain a written policy statement to ensure implementation of an equal employment opportunity ...
• Texas Occupations Code Section 203.151 - Rulemaking Authority Of Midwifery Board
  (a) Subject to the approval of the executive commissioner, the midwifery board shall: (1) adopt substantive and procedural rules necessary for the licensing of midwives; ...
• Texas Occupations Code Section 203.1515 - Rules On Consequences Of Criminal Conviction
  (a) Subject to the approval of the executive commissioner, the midwifery board shall adopt rules necessary to comply with Chapter 53. (b) In its proposed ...
• Texas Occupations Code Section 203.152 - Fees
  (a) Subject to the approval of the executive commissioner, the midwifery board by rule shall establish reasonable and necessary fees that, in the aggregate, produce ...
• Texas Occupations Code Section 203.153 - Manuals
  (a) Subject to the approval of the department, the midwifery board shall issue basic information manuals for the practice of midwifery. The midwifery board shall ...
• Texas Occupations Code Section 203.154 - Annual Report; Reports On Midwifery
  (a) The department 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 203.155 - Complaint Procedure And Investigation
  (a) The midwifery board shall adopt rules concerning the investigation of a complaint filed with the midwifery board. (b) The rules adopted under Subsection (a) ...
• Texas Occupations Code Section 203.156 - Duties Of Midwifery Board And Department
  (a) Repealed by Acts 2005, 79th Leg., ch. 1240, § 56(2). (b) The department, with the recommendation of the midwifery board, shall: (1) implement rules ...
• Texas Occupations Code Section 203.157 - Roster; Notice To County Officials
  (a) The department shall maintain a roster of each person licensed as a midwife in this state. (b) The roster shall contain for each person ...
• Texas Occupations Code Section 203.158 - Rules Restricting Advertising Or Competitive Bidding
  (a) The midwifery board may not propose rules restricting advertising or competitive bidding by a licensed midwife except to prohibit false, misleading, or deceptive practices. ...
• Texas Occupations Code Section 203.159 - Board Committees
  (a) The midwifery board may appoint committees to assist the midwifery board with its functions under this chapter. (b) Only a member of the midwifery ...
• Texas Occupations Code Section 203.160 - Use Of Technology
  Subject to the approval of the executive commissioner, the midwifery board shall implement a policy requiring the midwifery board to use appropriate technological solutions to ...
• Texas Occupations Code Section 203.161 - Negotiated Rulemaking And Alternative Dispute Resolution Policy
  (a) Subject to the approval of the executive commissioner, the midwifery board shall develop and implement a policy to encourage the use of: (1) negotiated ...
• Texas Occupations Code Section 203.201 - Public Interest Information
  (a) The midwifery board shall prepare information of public interest describing the functions of the midwifery board and the procedures by which complaints are filed ...
• Texas Occupations Code Section 203.202 - Complaints
  (a) The midwifery board by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number ...
• Texas Occupations Code Section 203.2021 - Complaint Committee
  The midwifery board shall appoint at least one public member of the midwifery board to any midwifery board committee established to review a complaint filed ...
• Texas Occupations Code Section 203.203 - Public Participation
  (a) The midwifery board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the midwifery board and to ...
• Texas Occupations Code Section 203.251 - License Required
  (a) A person may not practice midwifery unless the person holds a license issued under this chapter. (b) The department shall provide a license to ...
• Texas Occupations Code Section 203.252 - Qualifications For Initial License
  (a) A person qualifies to become a licensed midwife under this chapter if the person provides the program coordinator with documentary evidence that the person ...
• Texas Occupations Code Section 203.253 - License Application
  A person who practices midwifery must apply to the department to be licensed as a midwife. The application must: (1) be accompanied by a nonrefundable ...
• Texas Occupations Code Section 203.254 - Basic Midwifery Education
  Subject to the approval of the executive commissioner, the midwifery board shall establish requirements for basic midwifery education. Acts 1999, 76th Leg., ch. 388, § ...
• Texas Occupations Code Section 203.255 - Examination
  (a) The midwifery board, with the approval of the executive commissioner, shall: (1) adopt a comprehensive midwifery examination for persons regulated under this chapter that ...
• Texas Occupations Code Section 203.2555 - Jurisprudence Examination
  (a) The midwifery board shall develop and administer at least twice each calendar year a jurisprudence examination to determine an applicant's knowledge of this chapter, ...
• Texas Occupations Code Section 203.2556 - Examination Results
  (a) The midwifery board shall notify each examinee of the examination results not later than the 30th day after the date on which the examination ...
• Texas Occupations Code Section 203.256 - Training In Newborn Screening And Basic Life Support Cardiopulmonary Resuscitation
  A person who practices midwifery in this state must provide the program coordinator with satisfactory evidence that the person: (1) is trained to perform the ...
• Texas Occupations Code Section 203.301 - Application For License Renewal
  An applicant for renewal of a license under this chapter must apply biennially as provided in Section 203.253. Acts 1999, 76th Leg., ch. 388, § ...
• Texas Occupations Code Section 203.302 - Procedure For Renewal
  (a) A licensed midwife is responsible for renewing a license before the expiration date of the license. A person whose license has expired may not ...
• Texas Occupations Code Section 203.303 - Staggered Renewal Dates
  (a) The midwifery board by rule may adopt a system under which licenses expire on various dates during the year. (b) For the year in ...
• Texas Occupations Code Section 203.304 - Continuing Midwifery Education
  (a) Subject to the approval of the executive commissioner, the midwifery board shall establish requirements for continuing midwifery education, including a minimum number of hours ...
• Texas Occupations Code Section 203.305 - Required Attendance At Specific Midwifery Education Courses
  The midwifery board may assess the continuing education needs of licensed midwives and may require licensed midwives to attend continuing midwifery education courses specified by ...
• Texas Occupations Code Section 203.306 - Grounds For Refusing Renewal
  The midwifery board may refuse to renew the license of a person who fails to pay an administrative penalty imposed under Subchapter J, unless enforcement ...
• Texas Occupations Code Section 203.351 - Informed Choice And Disclosure Requirements
  (a) A midwife shall disclose in oral and written form to a prospective client the limitations of the skills and practices of a midwife. (b) ...
• Texas Occupations Code Section 203.352 - Prenatal And Certain Medical Care Encouraged
  A midwife shall encourage a client to seek: (1) prenatal care; and (2) medical care through consultation or referral, as specified by midwifery board rules, ...
• Texas Occupations Code Section 203.353 - Prevention Of Ophthalmia Neonatorum
  Unless the newborn child is immediately transferred to a hospital because of an emergency, a midwife who attends the birth of the child shall comply ...
• Texas Occupations Code Section 203.354 - Newborn Screening
  (a) Each midwife who attends the birth of a child shall cause the newborn screening tests to be performed on blood specimens taken from the ...
• Texas Occupations Code Section 203.355 - Support Services
  (a) In this section: (1) "Clinical services" include prenatal, postpartum, child health, and family planning services. (2) "Local health unit" means a division of a ...
• Texas Occupations Code Section 203.356 - Immunity
  (a) A physician, a registered nurse, or other person who, on the order of a physician, instructs a midwife in the approved techniques for collecting ...
• Texas Occupations Code Section 203.357 - Additional Information Required
  (a) The midwifery board may require information in addition to that required by Section 203.253 if it determines the additional information is necessary and appropriate ...
• Texas Occupations Code Section 203.401 - Prohibited Practices
  A midwife may not: (1) provide midwifery care in violation of midwifery board rule, except in an emergency that poses an immediate threat to the ...
• Texas Occupations Code Section 203.402 - Prohibited Representation
  A midwife may not: (1) except as provided by Section 203.403, use in connection with the midwife's name a title, abbreviation, or designation tending to ...
• Texas Occupations Code Section 203.403 - Prohibited Use Of Title
  (a) A midwife certified by the North American Registry of Midwives who uses "certified" as part of the midwife's title in an identification statement or ...
• Texas Occupations Code Section 203.404 - Grounds For Disciplinary Action
  (a) The midwifery board may discipline a licensed midwife, refuse to renew a midwife's license, or refuse to issue a license to an applicant if ...
• Texas Occupations Code Section 203.405 - Emergency Suspension
  (a) The midwifery board or a three-member committee of midwifery board members designated by the midwifery board shall temporarily suspend the license of a licensed ...
• Texas Occupations Code Section 203.406 - Refund
  (a) Subject to Subsection (b), the midwifery board may order a licensed midwife to pay a refund to a consumer as provided in an agreement ...
• Texas Occupations Code Section 203.451 - Imposition Of Administrative Penalty
  The midwifery board may impose an administrative penalty on a person who violates this chapter or a rule adopted under this chapter. Acts 1999, 76th ...
• Texas Occupations Code Section 203.452 - Amount Of Administrative Penalty
  (a) The amount of the administrative penalty may not exceed $5,000 for each violation. Each day a violation continues is a separate violation. (b) The ...
• Texas Occupations Code Section 203.453 - Notice Of Violation And Penalty
  (a) If, after investigation of a possible violation and the facts surrounding that possible violation, the midwifery board or its designee determines that a violation ...
• Texas Occupations Code Section 203.454 - Penalty To Be Paid Or Hearing Requested
  (a) Not later than the 20th day after the date the person receives the notice under Section 203.453, the person may: (1) accept the midwifery ...
• Texas Occupations Code Section 203.455 - Hearing
  (a) If the person timely requests a hearing, the midwifery board or its designee shall set a hearing and give written notice of the hearing ...
• Texas Occupations Code Section 203.456 - Decision By Midwifery Board
  (a) Based on the findings of fact, conclusions of law, and proposal for decision, the midwifery board by order may determine that: (1) a violation ...
• Texas Occupations Code Section 203.457 - Options Following Decision: Pay Or Appeal
  (a) Not later than the 30th day after the date the midwifery board's order becomes final, the person shall: (1) pay the administrative penalty; (2) ...
• Texas Occupations Code Section 203.458 - Collection Of Penalty
  (a) If the person on whom the administrative penalty is imposed does not comply with Section 203.457, the penalty may be collected. (b) The midwifery ...
• Texas Occupations Code Section 203.459 - Determination By Court
  (a) If a 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 203.460 - Remittance Of Penalty And Interest
  (a) If, after judicial review, the administrative penalty is reduced or not imposed by the court, the court shall: (1) order the midwifery board to ...
• Texas Occupations Code Section 203.461 - Administrative Procedure
  A proceeding under this subchapter to impose an administrative penalty is subject to Chapter 2001, Government Code. Acts 1999, 76th Leg., ch. 388, § 1, ...
• Texas Occupations Code Section 203.501 - Civil Penalty
  (a) A person is liable for a civil penalty if the person is required to be licensed under this chapter and the person knowingly or ...
• Texas Occupations Code Section 203.502 - Injunctions
  (a) In this section, "health authority" means a physician who administers state and local laws regulating public health under Chapter 121, Health and Safety Code. ...
• Texas Occupations Code Section 203.503 - Venue
  (a) Venue for a civil action brought under Section 203.451 or 203.452 is in the county in which the defendant resides or in the county ...
• Texas Occupations Code Section 203.504 - Criminal Penalty
  (a) A person commits an offense if the person is required to be licensed under this chapter and the person knowingly practices midwifery without a ...
• Texas Occupations Code Section 203.505 - Cease And Desist Order
  (a) If it appears to the midwifery board that a person who is not licensed under this chapter is violating this chapter, a rule adopted ...
• Texas Occupations Code Section 204.001 - Short Title
  This chapter may be cited as the Physician Assistant Licensing Act. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. ...
• Texas Occupations Code Section 204.002 - Definitions
  In this chapter: (1) "Medical board" means the Texas Medical Board. (2) "Physician assistant board" means the Texas Physician Assistant Board. Acts 1999, 76th Leg., ...
• Texas Occupations Code Section 204.003 - Applicability
  (a) A person is not required to hold a license issued under this chapter to practice as: (1) a technician, assistant, or employee of a ...
• Texas Occupations Code Section 204.051 - Texas Physician Assistant Board
  (a) The Texas Physician Assistant Board is an advisory board to the Texas State Board of Medical Examiners. (b) A reference in any other law ...
• Texas Occupations Code Section 204.052 - Appointment Of Board
  (a) The physician assistant board consists of nine members appointed by the governor with the advice and consent of the senate as follows: (1) three ...
• Texas Occupations Code Section 204.053 - Membership Eligibility And Restrictions
  (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 204.054 - Terms; Vacancies
  (a) Members of the physician assistant board are appointed for staggered six-year terms. The terms of three members expire on February 1 of each odd-numbered ...
• Texas Occupations Code Section 204.055 - Officers
  The governor shall designate a member of the physician assistant board as the presiding officer of the board to serve in that capacity at the ...
• Texas Occupations Code Section 204.056 - Grounds For Removal
  (a) It is a ground for removal from the physician assistant board that a member: (1) does not have at the time of taking office ...
• Texas Occupations Code Section 204.057 - Per Diem
  A member of the physician assistant board is entitled to receive a per diem as set by legislative appropriation for each day that the member ...
• Texas Occupations Code Section 204.058 - Open Meetings; Administrative Procedure Law
  Except as otherwise provided by this chapter, the physician assistant board is subject to Chapters 551 and 2001, Government Code. Acts 1999, 76th Leg., ch. ...
• Texas Occupations Code Section 204.059 - Training
  (a) A person who is appointed to and qualifies for office as a member of the physician assistant board may not vote, deliberate, or be ...
• Texas Occupations Code Section 204.101 - General Powers And Duties Of Board
  The physician assistant board shall: (1) adopt rules that are reasonable and necessary for the performance of the physician assistant board's duties under this chapter, ...
• Texas Occupations Code Section 204.1015 - Guidelines For Early Involvement In Rulemaking Process
  (a) The physician assistant board shall adopt guidelines to establish procedures for receiving input during the rulemaking process from individuals and groups that have an ...
• Texas Occupations Code Section 204.102 - Powers And Duties Of Medical Board Relating To Physician Assistants
  (a) The medical board shall adopt rules consistent with this chapter to regulate physician assistants and physicians who supervise physician assistants. (b) The medical board, ...
• Texas Occupations Code Section 204.103 - Fees
  The physician assistant board shall establish and collect fees in amounts that are reasonable and necessary to cover the cost of administering this chapter. Acts ...
• Texas Occupations Code Section 204.104 - Rural Physician Assistant Loan Reimbursement Program
  (a) A program shall be established to provide student loan reimbursement for graduates of physician assistant training programs from any state who practice in rural ...
• Texas Occupations Code Section 204.105 - Rules On Consequences Of Criminal Conviction
  The physician assistant board shall adopt rules and guidelines as necessary to comply with Chapter 53, except to the extent the requirements of this chapter ...
• Texas Occupations Code Section 204.106 - Division Of Responsibilities
  Subject to the advice and approval of the medical board, the physician assistant board shall develop and implement policies that clearly separate the policy-making responsibilities ...
• Texas Occupations Code Section 204.107 - Public Participation
  Subject to the advice and approval of the medical board, the physician assistant board shall develop and implement policies that provide the public with a ...
• Texas Occupations Code Section 204.108 - Records Of Complaints
  (a) The physician assistant board shall maintain a system to promptly and efficiently act on complaints filed with the physician assistant board. The board shall ...
• Texas Occupations Code Section 204.109 - Use Of Technology
  Subject to the advice and approval of the medical board, the physician assistant board shall implement a policy requiring the physician assistant board to use ...
• Texas Occupations Code Section 204.110 - Negotiated Rulemaking And Alternative Dispute Resolution Policy
  (a) Subject to the advice and approval of the medical board, the physician assistant board shall develop and implement a policy to encourage the use ...
• Texas Occupations Code Section 204.151 - License Required
  A person may not practice as a physician assistant in this state unless the person holds a physician assistant license issued under this chapter. Acts ...
• Texas Occupations Code Section 204.152 - Issuance Of License
  (a) The physician assistant board shall issue a license to an applicant who: (1) meets the eligibility requirements of Section 204.153; (2) submits an application ...
• Texas Occupations Code Section 204.153 - Eligibility Requirements
  (a) To be eligible for a license under this chapter, an applicant must: (1) successfully complete an educational program for physician assistants or surgeon assistants ...
• Texas Occupations Code Section 204.154 - Exemptions From Licensing Requirement For Certain Physician Assistants
  A person is not required to hold a license issued under this chapter to practice as: (1) a physician assistant student enrolled in a physician ...
• Texas Occupations Code Section 204.155 - Temporary License
  (a) The physician assistant board may issue a temporary license to an applicant who: (1) meets all the qualifications for a license under this chapter ...
• Texas Occupations Code Section 204.156 - License Renewal
  (a) On notification from the physician assistant board, a person who holds a license under this chapter may renew the license by: (1) paying the ...
• Texas Occupations Code Section 204.1562 - Continuing Medical Education Requirements
  (a) The physician assistant board by rule shall adopt, monitor, and enforce a reporting program for the continuing medical education of license holders. The physician ...
• Texas Occupations Code Section 204.1565 - Informal Continuing Medical Education
  (a) In this section, "site serving a medically underserved population" has the meaning assigned by Section 157.052. (b) The physician assistant board by rule shall ...
• Texas Occupations Code Section 204.157 - Inactive Status
  (a) A person licensed under this chapter may place the person's license on inactive status by applying to the physician assistant board. A person whose ...
• Texas Occupations Code Section 204.201 - Notice Of Intent To Practice
  (a) Before beginning practice, each physician assistant licensed under this chapter shall submit on a form prescribed by the physician assistant board notice of the ...
• Texas Occupations Code Section 204.202 - Scope Of Practice
  (a) The practice of a physician assistant includes providing medical services delegated by a supervising physician that are within the education, training, and experience of ...
• Texas Occupations Code Section 204.203 - Identification Requirements
  A physician assistant shall: (1) keep the physician assistant's license available for inspection at the physician assistant's primary place of business; and (2) when engaged ...
• Texas Occupations Code Section 204.204 - Supervision Requirements
  (a) A physician assistant shall be supervised by a supervising physician. A physician assistant may have more than one supervising physician. The supervising physician oversees ...
• Texas Occupations Code Section 204.2045 - Services Performed During Disaster
  (a) The supervision and delegation requirements of this chapter and Subtitle B do not apply to medical tasks performed by a physician assistant during a ...
• Texas Occupations Code Section 204.205 - Requirements For Supervising Physician
  A supervising physician must: (1) hold an unrestricted and active license as a physician in this state; (2) notify the medical board of the physician's ...
• Texas Occupations Code Section 204.206 - Establishment Of Certain Functions And Standards
  Each physician assistant and the physician assistant's supervising physician shall ensure that: (1) the physician assistant's scope of function is identified; (2) delegation of medical ...
• Texas Occupations Code Section 204.207 - Assumption Of Professional Liability
  (a) Each supervising physician retains legal responsibility for a physician assistant's patient care activities, including the provision of care and treatment to a patient in ...
• Texas Occupations Code Section 204.208 - Duty To Report; Medical Peer Review
  (a) A medical peer review committee in this state, physician assistant, physician assistant student, or physician lawfully practicing medicine in this state shall report relevant ...
• Texas Occupations Code Section 204.251 - Complaint Information And Status
  (a) The physician assistant board shall keep information on file about each complaint filed with the board. (b) If a written complaint is filed with ...
• Texas Occupations Code Section 204.2511 - Conduct Of Investigation
  The physician assistant board shall complete a preliminary investigation of a complaint filed with the physician assistant board not later than the 30th day after ...
• Texas Occupations Code Section 204.252 - License Holder Access To Complaint Information
  (a) The physician assistant board shall provide a license holder who is the subject of a formal complaint filed under this chapter with access to ...
• Texas Occupations Code Section 204.253 - Health Care Entity Request For Information
  On the written request of a health care entity, the physician assistant board shall provide to the entity: (1) information about a complaint filed against ...
• Texas Occupations Code Section 204.254 - Confidentiality Of Investigative Information
  A complaint, adverse report, investigation file, other report, or other investigative information in the possession of or received or gathered by the physician assistant board ...
• Texas Occupations Code Section 204.255 - Permitted Disclosure Of Investigative Information
  (a) Investigative information in the possession of a physician assistant board employee or agent that relates to the discipline of a license holder may be ...
• Texas Occupations Code Section 204.301 - Disciplinary Authority Of Board
  (a) Except as provided by Section 204.305, on a determination that an applicant or license holder committed an act described in Section 204.302, 204.303, or ...
• Texas Occupations Code Section 204.3011 - Delegation Of Certain Complaint Dispositions
  (a) The physician assistant board may delegate to a committee of medical board employees the authority to dismiss or enter into an agreed settlement of ...
• Texas Occupations Code Section 204.302 - Conduct Related To Fraud Or Misrepresentation
  The physician assistant board may take action under Section 204.301 against an applicant or license holder who: (1) fraudulently or deceptively obtains or attempts to ...
• Texas Occupations Code Section 204.303 - Conduct Related To Violation Of Law
  (a) The physician assistant board may take action under Section 204.301 against an applicant or license holder who: (1) violates this chapter or a rule ...
• Texas Occupations Code Section 204.304 - Conduct Indicating Lack Of Fitness
  (a) The physician assistant board may take action under Section 204.301 against an applicant or license holder who: (1) habitually uses drugs or intoxicating liquors ...
• Texas Occupations Code Section 204.3045 - Physical Or Mental Examination
  (a) The physician assistant board shall adopt guidelines, in conjunction with persons interested in or affected by this section, to enable the physician assistant board ...
• Texas Occupations Code Section 204.305 - Rehabilitation Order
  (a) The physician assistant board, through an agreed order or after a contested proceeding, may impose a rehabilitation order on an applicant, as a prerequisite ...
• Texas Occupations Code Section 204.306 - Effect Of Rehabilitation Order
  (a) A rehabilitation order imposed under Section 204.305 is a nondisciplinary private order. If entered by agreement, the order is an agreed disposition or settlement ...
• Texas Occupations Code Section 204.307 - Audit Of Rehabilitation Order
  (a) The physician assistant board shall keep a rehabilitation order imposed under Section 204.305 in a confidential file. The file is subject to an independent ...
• Texas Occupations Code Section 204.3075 - Responsibilities Of Private Associations
  (a) If a rehabilitation order imposed under Section 204.305 requires a license holder to participate in activities or programs provided by a local or statewide ...
• Texas Occupations Code Section 204.308 - Subpoena
  (a) The executive director or the secretary-treasurer of the medical board may issue a subpoena or subpoena duces tecum for the physician assistant board to: ...
• Texas Occupations Code Section 204.309 - Protection Of Patient Identity
  In a disciplinary investigation or proceeding conducted under this chapter, the physician assistant board shall protect the identity of each patient whose medical records are ...
• Texas Occupations Code Section 204.310 - Required Suspension Of License Of Incarcerated Physician Assistant
  Regardless of the offense, the physician assistant board shall suspend the license of a physician assistant serving a prison term in a state or federal ...
• Texas Occupations Code Section 204.311 - Temporary Suspension
  (a) The presiding officer of the physician assistant board, with board approval, shall appoint a three-member disciplinary panel consisting of board members to determine whether ...
• Texas Occupations Code Section 204.312 - Informal Proceedings
  (a) The physician assistant board by rule shall adopt procedures governing: (1) informal disposition of a contested case under Section 2001.056, Government Code; and (2) ...
• Texas Occupations Code Section 204.313 - Physician Assistant Board Representation In Informal Proceedings
  (a) In an informal meeting under Section 204.312, at least two panelists shall be appointed to determine whether an informal disposition is appropriate. (b) Notwithstanding ...
• Texas Occupations Code Section 204.314 - Roles And Responsibilities Of Participants In Informal Proceedings
  (a) A physician assistant board member that serves as a panelist at an informal meeting under Section 204.312 shall make recommendations for the disposition of ...
• Texas Occupations Code Section 204.3145 - Limit On Access To Investigation Files
  The physician assistant board shall prohibit or limit access to an investigation file relating to a license holder in an informal proceeding in the manner ...
• Texas Occupations Code Section 204.315 - Surrender Of License
  (a) The physician assistant board may accept the voluntary surrender of a license. (b) A surrendered license may not be returned to the license holder ...
• Texas Occupations Code Section 204.316 - Refund
  (a) Subject to Subsection (b), the physician assistant board may order a license holder to pay a refund to a consumer as provided in an ...
• Texas Occupations Code Section 204.317 - Modification Of Findings Or Rulings By Administrative Law Judge
  The physician assistant board may change a finding of fact or conclusion of law or vacate or modify an order of an administrative law judge ...
• Texas Occupations Code Section 204.318 - Expert Immunity
  An expert who assists the physician assistant board is immune from suit and judgment and may not be subjected to a suit for damages for ...
• Texas Occupations Code Section 204.351 - Administrative Penalty
  (a) The physician assistant board by order may impose an administrative penalty against a person licensed under this chapter who violates this chapter or a ...
• Texas Occupations Code Section 204.352 - Criminal Penalty
  (a) A person commits an offense if, without holding a license issued under this chapter, the person: (1) holds the person out as a physician ...
• Texas Occupations Code Section 204.353 - Cease And Desist Order
  (a) If it appears to the physician assistant board that a person who is not licensed under this chapter is violating this chapter, a rule ...
• Texas Occupations Code Section 205.001 - Definitions
  In this chapter: (1) "Acudetox specialist" means a person certified under Section 205.303. (2) "Acupuncture" means: (A) the nonsurgical, nonincisive insertion of an acupuncture needle ...
• Texas Occupations Code Section 205.003 - Exemption; Limitation
  (a) This chapter does not apply to a health care professional licensed under another statute of this state and acting within the scope of the ...
• Texas Occupations Code Section 205.051 - Board; Membership
  (a) The Texas State Board of Acupuncture Examiners consists of nine members appointed by the governor with the advice and consent of the senate as ...
• Texas Occupations Code Section 205.052 - Public Member Eligibility
  A person is not eligible for appointment as a public member of the acupuncture board if the person or the person's spouse: (1) is registered, ...
• Texas Occupations Code Section 205.053 - Membership And Employee Restrictions
  (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 205.054 - Terms; Vacancies
  (a) Members of the acupuncture board serve staggered six-year terms. The terms of three members expire on January 31 of each odd-numbered year. (b) A ...
• Texas Occupations Code Section 205.055 - Presiding Officer
  The governor shall designate an acupuncturist member of the acupuncture board as presiding officer. The presiding officer serves in that capacity at the will of ...
• Texas Occupations Code Section 205.056 - Grounds For Removal
  (a) It is a ground for removal from the acupuncture board that a member: (1) does not have at the time of appointment the qualifications ...
• Texas Occupations Code Section 205.057 - Training
  (a) A person who is appointed to and qualifies for office as a member of the acupuncture board may not vote, deliberate, or be counted ...
• Texas Occupations Code Section 205.058 - Qualifications And Standards Of Conduct Information
  The executive director or the executive director's designee shall provide, as often as necessary, to members of the acupuncture board information regarding their: (1) qualifications ...
• Texas Occupations Code Section 205.059 - Compensation; Per Diem
  An acupuncture board member may not receive compensation for service on the acupuncture board but is entitled to receive a per diem as set by ...
• Texas Occupations Code Section 205.060 - Application Of Open Meetings, Open Records, And Administrative Procedure Laws
  Except as provided by this chapter, the acupuncture board is subject to Chapters 551, 552, and 2001, Government Code. Acts 1999, 76th Leg., ch. 388, ...
• Texas Occupations Code Section 205.101 - General Powers And Duties Of Acupuncture Board
  (a) Subject to the advice and approval of the medical board, the acupuncture board shall: (1) establish qualifications for an acupuncturist to practice in this ...
• Texas Occupations Code Section 205.102 - Assistance By Medical Board
  (a) The medical board shall provide administrative and clerical employees as necessary to enable the acupuncture board to administer this chapter. (b) Subject to the ...
• Texas Occupations Code Section 205.103 - Fees
  The medical board shall set and collect fees in amounts that are reasonable and necessary to cover the costs of administering and enforcing this chapter ...
• Texas Occupations Code Section 205.104 - Rules Restricting Advertising Or Competitive Bidding
  (a) The medical board may not adopt rules under this chapter restricting advertising or competitive bidding by a license holder except to prohibit false, misleading, ...
• Texas Occupations Code Section 205.1041 - Guidelines For Early Involvement In Rulemaking Process
  (a) The acupuncture board shall develop guidelines to establish procedures for receiving input during the rulemaking process from individuals and groups that have an interest ...
• Texas Occupations Code Section 205.1045 - Rules On Consequences Of Criminal Conviction
  The acupuncture board shall adopt rules and guidelines as necessary to comply with Chapter 53, except to the extent the requirements of this chapter are ...
• Texas Occupations Code Section 205.105 - Annual Report
  (a) The medical board shall prepare annually a complete and detailed written report accounting for all funds received and disbursed by the medical board under ...
• Texas Occupations Code Section 205.106 - Use Of Technology
  Subject to the advice and approval of the medical board, the acupuncture board shall implement a policy requiring the acupuncture board to use appropriate technological ...
• Texas Occupations Code Section 205.107 - Negotiated Rulemaking And Alternative Dispute Resolution Policy
  (a) Subject to the advice and approval of the medical board, the acupuncture board shall develop and implement a policy to encourage the use of: ...
• Texas Occupations Code Section 205.151 - Public Interest Information
  (a) The acupuncture board shall prepare information of public interest describing the functions of the acupuncture board and the procedures by which complaints are filed ...
• Texas Occupations Code Section 205.152 - Complaints
  (a) The acupuncture board by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number ...
• Texas Occupations Code Section 205.1521 - Conduct Of Investigation
  The acupuncture board shall complete a preliminary investigation of a complaint received by the acupuncture board not later than the 30th day after the date ...
• Texas Occupations Code Section 205.153 - Public Participation
  (a) Subject to the advice and approval of the medical board, the acupuncture board shall develop and implement policies that provide the public with a ...
• Texas Occupations Code Section 205.201 - License Required
  Except as provided by Section 205.303, a person may not practice acupuncture in this state unless the person holds a license to practice acupuncture issued ...
• Texas Occupations Code Section 205.202 - Issuance Of License
  (a) The acupuncture board shall issue a license to practice acupuncture in this state to a person who meets the requirements of this chapter and ...
• Texas Occupations Code Section 205.203 - License Examination
  (a) An applicant for a license to practice acupuncture must pass an acupuncture examination and a jurisprudence examination approved by the acupuncture board as provided ...
• Texas Occupations Code Section 205.204 - Application For Examination
  An application for examination must be: (1) in writing on a form prescribed by the acupuncture board; (2) verified by affidavit; (3) filed with the ...
• Texas Occupations Code Section 205.2045 - Appearance Of Applicant Before Acupuncture Board
  An applicant for a license to practice acupuncture may not be required to appear before the acupuncture board or a committee of the acupuncture board ...
• Texas Occupations Code Section 205.205 - Examination Results
  (a) Not later than the 30th day after the date a licensing examination is administered under this chapter, the acupuncture board shall notify each examinee ...
• Texas Occupations Code Section 205.206 - Acupuncture Schools
  (a) A reputable acupuncture school, in addition to meeting standards set by the acupuncture board, must: (1) maintain a resident course of instruction equivalent to ...
• Texas Occupations Code Section 205.207 - Reciprocal License
  The medical board may waive any license requirement for an applicant after reviewing the applicant's credentials and determining that the applicant holds a license from ...
• Texas Occupations Code Section 205.208 - Temporary License
  (a) The acupuncture board may, through the executive director, issue a temporary license to practice acupuncture to an applicant who: (1) submits an application on ...
• Texas Occupations Code Section 205.251 - Annual Renewal Required
  (a) The medical board by rule shall provide for the annual renewal of a license to practice acupuncture. (b) The medical board by rule may ...
• Texas Occupations Code Section 205.252 - Notice Of License Expiration
  Not later than the 30th day before the expiration date of a person's license, the medical board shall send written notice of the impending license ...
• Texas Occupations Code Section 205.253 - Procedure For 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 medical ...
• Texas Occupations Code Section 205.254 - Renewal Of Expired License By Out-Of-State Practitioner
  (a) The medical board may renew without reexamination the license of a person who was licensed to practice acupuncture in this state, moved to another ...
• Texas Occupations Code Section 205.255 - Continuing Education
  (a) The acupuncture board by rule may require a license holder to complete a certain number of hours of continuing education courses approved by the ...
• Texas Occupations Code Section 205.301 - Referral By Other Health Care Practitioner Required
  (a) A license holder may perform acupuncture on a person only if the person was: (1) evaluated by a physician or dentist, as appropriate, for ...
• Texas Occupations Code Section 205.302 - Authorized Practice Without Referral
  (a) After notice and public hearing, the medical board shall determine by rule whether an acupuncturist may treat a patient for alcoholism or chronic pain ...
• Texas Occupations Code Section 205.303 - Acudetox Specialist
  (a) The medical board may certify a person as an acudetox specialist under this section if the person: (1) provides to the medical board documentation ...
• Texas Occupations Code Section 205.304 - Professional Review Action
  Sections 160.002, 160.003, 160. 006, 160.007(d), 160.013, 160.014, and 160.015 apply to professional review actions relating to the practice of acupuncture by an acupuncturist or ...
• Texas Occupations Code Section 205.305 - License Holder Information
  (a) Each license holder shall file with the acupuncture board: (1) the license holder's mailing address; (2) the address of the license holder's residence; (3) ...
• Texas Occupations Code Section 205.351 - Grounds For License Denial Or Disciplinary Action
  (a) A license to practice acupuncture may be denied or, after notice and hearing, a license holder may be subject to disciplinary action under Section ...
• Texas Occupations Code Section 205.352 - Disciplinary Powers Of Acupuncture Board
  (a) On finding that grounds exist to deny a license or take disciplinary action against a license holder, the acupuncture board by order may: (1) ...
• Texas Occupations Code Section 205.3522 - Surrender Of License
  (a) The acupuncture board may accept the voluntary surrender of a license. (b) A surrendered license may not be returned to the license holder unless ...
• Texas Occupations Code Section 205.3523 - Physical Or Mental Examination
  (a) The acupuncture board shall adopt guidelines, in conjunction with persons interested in or affected by this section, to enable the board to evaluate circumstances ...
• Texas Occupations Code Section 205.354 - Rules For Disciplinary Proceedings
  Rules of practice adopted by the medical board under Section 2001.004, Government Code, applicable to the proceedings for a disciplinary action may not conflict with ...
• Texas Occupations Code Section 205.3541 - Informal Proceedings
  (a) The acupuncture board by rule shall adopt procedures governing: (1) informal disposition of a contested case under Section 2001.056, Government Code; and (2) informal ...
• Texas Occupations Code Section 205.3542 - Acupuncture Board Representation In Informal Proceedings
  (a) In an informal proceeding under Section 205.3541, at least two panelists shall be appointed to determine whether an informal disposition is appropriate. (b) Notwithstanding ...
• Texas Occupations Code Section 205.3543 - Roles And Responsibilities Of Participants In Informal Proceedings
  (a) An acupuncture board member that serves as a panelist at an informal meeting under Section 205.3541 shall make recommendations for the disposition of a ...
• Texas Occupations Code Section 205.3544 - Limit On Access To Investigation Files
  The acupuncture board shall prohibit or limit access to an investigation file relating to a license holder in an informal proceeding in the manner provided ...
• Texas Occupations Code Section 205.355 - Required Disciplinary Action For Failure To Obtain Referral
  Except as provided by Section 205.301(a)(2), a license to practice acupuncture shall be denied or, after notice and hearing, revoked if the applicant or license ...
• Texas Occupations Code Section 205.356 - Rehabilitation Order
  (a) The acupuncture board, through an agreed order or after a contested proceeding, may impose a nondisciplinary rehabilitation order on an applicant, as a prerequisite ...
• Texas Occupations Code Section 205.3561 - Expert Immunity
  An expert who assists the acupuncture board is immune from suit and judgment and may not be subjected to a suit for damages for any ...
• Texas Occupations Code Section 205.3562 - Responsibilities Of Private Associations
  (a) If a rehabilitation order imposed under Section 205.356 requires a license holder to participate in activities or programs provided by a local or statewide ...
• Texas Occupations Code Section 205.357 - Effect Of Rehabilitation Order
  (a) A rehabilitation order imposed under Section 205.356 is a nondisciplinary private order. If entered by agreement, the order is an agreed disposition or settlement ...
• Texas Occupations Code Section 205.358 - Audit Of Rehabilitation Order
  (a) The acupuncture board shall keep rehabilitation orders imposed under Section 205.356 in a confidential file. The file is subject to an independent audit to ...
• Texas Occupations Code Section 205.359 - Subpoena
  (a) On behalf of the acupuncture board, the executive director of the medical board or the presiding officer of the acupuncture board may issue a ...
• Texas Occupations Code Section 205.360 - Delegation Of Certain Complaint Dispositions
  (a) The acupuncture board may delegate to a committee of medical board employees the authority to dismiss or enter into an agreed settlement of a ...
• Texas Occupations Code Section 205.361 - Temporary Suspension
  (a) The presiding officer of the acupuncture board, with that board's approval, shall appoint a three-member disciplinary panel consisting of acupuncture board members to determine ...
• Texas Occupations Code Section 205.362 - Cease And Desist Order
  (a) If it appears to the acupuncture board that a person who is not licensed under this chapter is violating this chapter, a rule adopted ...
• Texas Occupations Code Section 205.363 - Refund
  (a) Subject to Subsection (b), the acupuncture board may order a license holder to pay a refund to a consumer as provided in an agreement ...
• Texas Occupations Code Section 205.364 - Modification Of Findings Or Rulings By Administrative Law Judge
  The acupuncture board may change a finding of fact or conclusion of law or vacate or modify an order of an administrative law judge only ...
• Texas Occupations Code Section 205.401 - Criminal Penalty
  (a) Except as provided by Section 205.303, a person commits an offense if the person practices acupuncture in this state without a license issued under ...
• Texas Occupations Code Section 205.402 - Injunctive Relief; Civil Penalty
  (a) The acupuncture board, the attorney general, or a district or county attorney may bring a civil action to compel compliance with this chapter or ...
• Texas Occupations Code Section 205.451 - Imposition Of Administrative Penalty
  The acupuncture board by order may impose an administrative penalty against a person licensed or regulated under this chapter who violates this chapter or a ...
• Texas Occupations Code Section 205.452 - Procedure
  (a) The acupuncture board by rule shall prescribe the procedure by which it may impose an administrative penalty. (b) A proceeding under this subchapter is ...
• Texas Occupations Code Section 205.453 - Amount Of Penalty
  (a) The amount of an administrative penalty may not exceed $5,000 for each violation. Each day a violation continues or occurs is a separate violation ...
• Texas Occupations Code Section 205.454 - Notice Of Violation And Penalty
  (a) If the acupuncture board by order determines that a violation has occurred and imposes an administrative penalty, the acupuncture board shall notify the affected ...
• Texas Occupations Code Section 205.455 - Options Following Decision: Pay Or Appeal
  (a) Not later than the 30th day after the date the acupuncture board's order imposing the administrative penalty is final, the person shall: (1) pay ...
• Texas Occupations Code Section 205.456 - Collection Of Penalty
  If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the presiding officer of the acupuncture board ...
• Texas Occupations Code Section 205.457 - Determination By Court
  (a) If on appeal the court sustains the determination that a violation occurred, the court may uphold or reduce the amount of the administrative penalty ...
• Texas Occupations Code Section 205.458 - Remittance Of Penalty And Interest
  (a) If after judicial review the administrative penalty is reduced or not imposed by the court, the court shall, after the judgment becomes final: (1) ...
• Texas Occupations Code Section 206.001 - Definitions
  In this chapter: (1) "Advisory committee" means the advisory committee created under this chapter. (2) "Delegating physician" means a physician who is licensed by the ...
• Texas Occupations Code Section 206.002 - Applicability
  (a) A person is not required to hold a license under this chapter if the person is: (1) a student enrolled in a surgical assistant ...
• Texas Occupations Code Section 206.051 - Advisory Committee
  (a) The advisory committee is an informal advisory committee to the medical board and is not subject to Chapter 2110, Government Code. (b) The advisory ...
• Texas Occupations Code Section 206.052 - Appointment Of Advisory Committee
  (a) The advisory committee consists of six members appointed by the president of the medical board. One member must be a registered perioperative nurse with ...
• Texas Occupations Code Section 206.053 - 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 206.054 - Terms; Vacancy
  (a) Members of the advisory committee are appointed for two-year terms. The terms of the members expire on February 1 of each odd-numbered year. (b) ...
• Texas Occupations Code Section 206.055 - Grounds For Removal
  (a) It is a ground for removal from the advisory committee that a member: (1) does not have at the time of appointment the qualifications ...
• Texas Occupations Code Section 206.056 - Officers
  The president of the medical board shall designate biennially a committee member as the presiding officer of the advisory committee to serve in that capacity ...
• Texas Occupations Code Section 206.057 - Per Diem
  An advisory committee member is not entitled to reimbursement for travel expenses or compensation. Added by Acts 2001, 77th Leg., ch. 1014, § 1, eff. ...
• Texas Occupations Code Section 206.058 - Meetings
  (a) The advisory committee shall meet as requested by the medical board. (b) A meeting may be held by telephone conference call. Added by Acts ...
• Texas Occupations Code Section 206.101 - General Powers And Duties
  The medical board shall: (1) establish qualifications for a surgical assistant to practice in this state; (2) establish requirements for an examination for a license ...
• Texas Occupations Code Section 206.102 - Annual Report
  (a) The medical board shall prepare annually a complete and detailed written report accounting for all funds received and disbursed by the medical board under ...
• Texas Occupations Code Section 206.103 - Gifts, Grants, And Donations
  In addition to any fees paid to the medical board or money appropriated to the medical board, the medical board may receive and accept under ...
• Texas Occupations Code Section 206.151 - Public Participation
  (a) The medical board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the medical board and speak ...
• Texas Occupations Code Section 206.152 - Public Interest Information
  (a) The medical board shall prepare information of public interest describing the functions of the medical board and the procedures by which complaints are filed ...
• Texas Occupations Code Section 206.153 - Complaints
  (a) The medical board by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number ...
• Texas Occupations Code Section 206.154 - Records Of Complaints
  (a) The medical board shall maintain a file on each written complaint filed with the medical board under this chapter. The file must include: (1) ...
• Texas Occupations Code Section 206.155 - License Holder Access To Complaint Information
  (a) The medical board shall provide a license holder who is the subject of a formal complaint filed under this chapter with access to all ...
• Texas Occupations Code Section 206.156 - Health Care Entity Request For Information
  On the written request of a health care entity, the medical board shall provide to the entity: (1) information about a complaint filed against a ...
• Texas Occupations Code Section 206.157 - Confidentiality Of Investigative Information
  A complaint, adverse report, investigation file, or other report, the identity of and reports made by a physician or surgical assistant performing or supervising compliance ...
• Texas Occupations Code Section 206.1575 - Conduct Of Investigation
  The medical board shall complete a preliminary investigation of a complaint not later than the 30th day after the date of receiving the complaint. The ...
• Texas Occupations Code Section 206.158 - Permitted Disclosure Of Investigative Information
  (a) Investigative information in the possession of the medical board, medical board employee, or agent that relates to the discipline of a license holder may ...
• Texas Occupations Code Section 206.159 - Immunity And Reporting Requirements
  (a) A medical peer review committee in this state, a quality assurance committee in this state, a surgical assistant, a surgical assistant student, a physician ...
• Texas Occupations Code Section 206.201 - License Required
  (a) Except as provided by Section 206.002, a person may not practice as a surgical assistant unless the person is licensed under this chapter. (b) ...
• Texas Occupations Code Section 206.202 - License Application
  An applicant for a license must: (1) file a written application with the medical board on a form prescribed by the medical board; and (2) ...
• Texas Occupations Code Section 206.203 - License Eligibility
  (a) Except as provided by Section 206.206, to be eligible for a license, a person must: (1) be of good moral character; (2) have not ...
• Texas Occupations Code Section 206.204 - Examination
  An applicant for a surgical assistant license must pass a surgical assistant examination approved by the medical board. Any written portion of the examination must ...
• Texas Occupations Code Section 206.205 - Special Eligibility For License
  (a) A person who is otherwise eligible for a license under Section 206.203 is not required to take the examination required by Section 206.203(b)(1) if ...
• Texas Occupations Code Section 206.206 - Temporary License
  (a) The medical board may, through the executive director, issue a temporary license to an applicant who: (1) submits an application on a form prescribed ...
• Texas Occupations Code Section 206.207 - Assistance By Medical Board
  The medical board shall provide administrative and clerical employees as necessary to administer this subchapter. Added by Acts 2001, 77th Leg., ch. 1014, § 1, ...
• Texas Occupations Code Section 206.208 - Fees
  (a) The medical board shall set and collect fees in amounts that are reasonable and necessary to cover the costs of administering and enforcing this ...
• Texas Occupations Code Section 206.209 - Issuance And Renewal Of License
  (a) The medical board shall issue a surgical assistant license in this state to a person who meets the requirements of this chapter and the ...
• Texas Occupations Code Section 206.210 - License Renewal
  (a) A surgical assistant license expires on the second anniversary of the date of issuance. The medical board by rule shall provide for the renewal ...
• Texas Occupations Code Section 206.211 - Notice Of License Renewal
  At least 30 days before the expiration of a person's license, the medical board shall send written notice of the impending license expiration to the ...
• Texas Occupations Code Section 206.212 - Procedure For 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 medical ...
• Texas Occupations Code Section 206.213 - Renewal Of Expired License By Out-Of-State Practitioner
  (a) If the person was licensed as a surgical assistant in this state, moved to another state, and is currently licensed as a surgical assistant ...
• Texas Occupations Code Section 206.214 - License Holder Information
  (a) Each license holder shall file with the medical board: (1) the license holder's mailing address; (2) the address of the license holder's residence; (3) ...
• Texas Occupations Code Section 206.251 - Scope Of Practice
  (a) The practice of a surgical assistant is limited to surgical assisting performed under the direct supervision of a physician who delegated the acts. (b) ...
• Texas Occupations Code Section 206.252 - Service Contracts
  This chapter does not: (1) limit the employment arrangement of a surgical assistant licensed under this chapter; (2) require a surgeon or hospital to contract ...
• Texas Occupations Code Section 206.2525 - Reimbursement For Services
  (a) This chapter does not limit the way in which a surgical assistant licensed under this chapter may be reimbursed for services. (b) A surgical ...
• Texas Occupations Code Section 206.253 - Certain Prohibited Practices
  (a) This chapter does not authorize a person who holds a license issued under this chapter to engage in the practice of: (1) medicine, as ...
• Texas Occupations Code Section 206.254 - Establishment Of Certain Functions And Standards
  A surgical assistant and the surgical assistant's delegating physician shall ensure that: (1) the surgical assistant's scope of function is identified; (2) the delegation of ...
• Texas Occupations Code Section 206.301 - Disciplinary Actions By The Medical Board
  (a) Except as provided by Section 206.305, on a determination that an applicant or license holder committed an act described by Section 206.302, 206.303, or ...
• Texas Occupations Code Section 206.302 - Conduct Related To Fraud Or Misrepresentation
  The medical board may take action under Section 206.301 against an applicant or license holder who: (1) fraudulently or deceptively obtains or attempts to obtain ...
• Texas Occupations Code Section 206.303 - Conduct Related To Violation Of Law
  (a) The medical board may take action under Section 206.301 against an applicant or license holder who: (1) violates this chapter or a rule adopted ...
• Texas Occupations Code Section 206.304 - Conduct Indicating Lack Of Fitness
  (a) The medical board may take action under Section 206.301 against an applicant or license holder who: (1) habitually uses drugs or intoxicating liquors to ...
• Texas Occupations Code Section 206.305 - Rehabilitation Order
  (a) The medical board, through an agreed order or after a contested case proceeding, may impose a rehabilitation order on an applicant, as a prerequisite ...
• Texas Occupations Code Section 206.306 - Effect Of Rehabilitation Order
  (a) A rehabilitation order imposed under Section 206.305 is a nondisciplinary private order. If entered into by agreement, the order is an agreed disposition or ...
• Texas Occupations Code Section 206.307 - Audit Of Rehabilitation Order
  (a) The medical board shall maintain a rehabilitation order imposed under Section 206.305 in a confidential file. The file is subject to an independent audit ...
• Texas Occupations Code Section 206.3075 - Responsibilities Of Private Associations
  (a) If a rehabilitation order imposed under Section 206.305 requires a license holder to participate in activities or programs provided by a local or statewide ...
• Texas Occupations Code Section 206.308 - Subpoena
  (a) The executive director, the director's designee, or the secretary-treasurer of the board may issue a subpoena or subpoena duces tecum: (1) to conduct an ...
• Texas Occupations Code Section 206.309 - Protection Of Patient Identity
  In a disciplinary investigation or proceeding conducted under this chapter, the medical board shall protect the identity of each patient whose medical records are examined ...
• Texas Occupations Code Section 206.310 - Rules For Disciplinary Proceedings
  Rules of practice adopted under this chapter by the medical board under Section 2001.004, Government Code, applicable to the proceedings for a disciplinary action may ...
• Texas Occupations Code Section 206.311 - Required Suspension Of Incarcerated Surgical Assistant
  Regardless of the offense, the medical board shall suspend the license of a surgical assistant serving a prison term in a state or federal penitentiary ...
• Texas Occupations Code Section 206.312 - Temporary Suspension
  (a) The president of the medical board, with medical board approval, shall appoint a three-member disciplinary panel consisting of medical board members to determine whether ...
• Texas Occupations Code Section 206.313 - Informal Proceedings
  (a) The medical board by rule shall adopt procedures under this chapter governing: (1) informal disposition of a contested case under Section 2001.056, Government Code; ...
• Texas Occupations Code Section 206.314 - Roles And Responsibilities Of Participants In Informal Proceedings
  (a) A medical board or district review committee member that serves as a panelist at an informal meeting under Section 206.313 shall make recommendations for ...
• Texas Occupations Code Section 206.315 - Medical Board Representation In Informal Proceedings
  (a) In an informal proceeding under Section 206.313, at least two panelists shall be appointed to determine whether an informal disposition is appropriate. (b) The ...
• Texas Occupations Code Section 206.351 - Administrative Penalty
  (a) The medical board by order may impose an administrative penalty against a person licensed under this chapter who violates this chapter or a rule ...
• Texas Occupations Code Section 251.001 - Short Title
  This subtitle may be cited as the Dental Practice Act. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. ...
• Texas Occupations Code Section 251.002 - Definitions
  In this subtitle: (1) "Board" means the State Board of Dental Examiners. (2) "Executive director" means the executive director of the board. Acts 1999, 76th ...
• Texas Occupations Code Section 251.003 - Practice Of Dentistry
  (a) For purposes of this subtitle, a person practices dentistry if the person: (1) represents to the public that the person is a dentist or ...
• Texas Occupations Code Section 251.004 - Exemption From Practice Of Dentistry
  (a) A person does not practice dentistry as provided by Section 251.003 if the person is: (1) a faculty member of a reputable dental or ...
• Texas Occupations Code Section 251.005 - Application Of Sunset Act
  The State Board of Dental Examiners is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, ...
• Texas Occupations Code Section 252.001 - Board Membership
  (a) The State Board of Dental Examiners consists of 15 members appointed by the governor with the advice and consent of the senate as follows: ...
• Texas Occupations Code Section 252.002 - Member Eligibility
  (a) A person is not eligible for appointment as a member if: (1) the person's license to practice dentistry or dental hygiene has been revoked ...
• Texas Occupations Code Section 252.003 - 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 252.004 - Terms Of Office
  (a) Members of the board serve staggered six-year terms. The terms of one-third of the members expire February 1 of each odd-numbered year. (b) A ...
• Texas Occupations Code Section 252.005 - Privileges Of Office
  Members of the board have full and identical privileges, except that only dentist members may participate in the decision to pass or fail an applicant ...
• Texas Occupations Code Section 252.006 - Officers
  (a) The board shall elect a secretary from its members to serve for a one-year term. (b) The governor shall designate a member of the ...
• Texas Occupations Code Section 252.007 - Grounds For Removal
  (a) It is a ground for removal from the board that a member: (1) does not have at the time of appointment the qualifications required ...
• Texas Occupations Code Section 252.008 - Per Diem; Reimbursement
  (a) Each board member is entitled to a per diem set by legislative appropriation for each day the member engages in board business. (b) A ...
• Texas Occupations Code Section 252.009 - Meetings
  The board shall hold meetings at least twice a year at times and places the board determines are most convenient for applicants for examination. Acts ...
• Texas Occupations Code Section 252.010 - Board Member Training
  (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 252.011 - Oath Of Office
  Before assuming the duties of office, each board member shall file with the secretary of state a copy of the constitutional oath of office taken ...
• Texas Occupations Code Section 253.001 - Executive Director
  (a) The board may employ an executive director to assist the board in performing its duties. (b) The board shall set the executive director's salary. ...
• Texas Occupations Code Section 253.003 - Personnel
  (a) The executive director, with the board's consent, may employ an assistant executive director to perform the executive director's duties when the executive director is ...
• Texas Occupations Code Section 253.004 - Division Of Responsibilities
  The board shall develop and implement policies that clearly define the responsibilities of the board and the staff of the board. Acts 1999, 76th Leg., ...
• Texas Occupations Code Section 253.005 - Qualifications And Standards Of Conduct Information
  The board shall provide, as often as necessary, to its members and employees information regarding: (1) qualifications for office or employment under this subtitle; and ...
• Texas Occupations Code Section 253.006 - Career Ladder Program; Performance Evaluations
  (a) The executive director or the executive director's designee shall develop an intra-agency career ladder program. The program must require the intra-agency postings of all ...
• Texas Occupations Code Section 253.007 - Equal Opportunity Policy; Report
  (a) The executive director or the executive director's designee shall prepare and maintain a written policy statement to ensure implementation of an equal employment opportunity ...
• Texas Occupations Code Section 253.008 - Training For Employees On State Incentive Program
  The executive director or the executive director's designee shall provide to board employees information and training on the benefits and methods of participation in the ...
• Texas Occupations Code Section 254.001 - General Rulemaking Authority
  (a) The board may adopt and enforce rules necessary to: (1) perform its duties; and (2) ensure compliance with state laws relating to the practice ...
• Texas Occupations Code Section 254.0011 - Rules Relating To Control Of Dental Practice
  (a) The board may adopt rules relating to the practice of dentistry as described by Section 251.003(a)(9) to prohibit a dentist from engaging in contracts ...
• Texas Occupations Code Section 254.002 - Rules Regarding Advertising And Competitive Bidding
  (a) Except as provided by Section 259.005, the board may not adopt rules restricting advertising or competitive bidding except to prohibit false, misleading, and deceptive ...
• Texas Occupations Code Section 254.003 - Rules Regarding Infection Control
  The board shall investigate infection control in the dental profession and may adopt and enforce rules to control the spread of infection in the practice ...
• Texas Occupations Code Section 254.004 - Fees
  (a) The board shall establish reasonable and necessary fees so that the fees, in the aggregate, produce sufficient revenue to cover the cost of administering ...
• Texas Occupations Code Section 254.005 - Signature And Seal On License Required
  A license issued to a dentist must be signed by each board member and imprinted with the board's seal. Acts 1999, 76th Leg., ch. 388, ...
• Texas Occupations Code Section 254.006 - Board Records And Confidentiality Of Records
  (a) Except as provided by this section, the investigation files and other records of the board are public records and open to inspection at reasonable ...
• Texas Occupations Code Section 254.007 - Records Regarding Persons Authorized To Practice
  (a) The board shall keep records of the name, permanent address, and place of business of each person authorized under this subtitle to practice dentistry, ...
• Texas Occupations Code Section 254.008 - Civil Liability
  (a) In the absence of fraud, conspiracy, or malice, a member of the board, a full-time or part-time employee of the board, a person who ...
• Texas Occupations Code Section 254.009 - Assistance Of Prosecutor
  (a) The board shall aid in the enforcement of state law regulating the practice of dentistry. (b) A board member may present to a prosecuting ...
• Texas Occupations Code Section 254.010 - Monitoring Of License Holder
  (a) The board by rule shall develop a system to monitor a license holder's compliance with this subtitle. (b) Rules adopted under this section must ...
• Texas Occupations Code Section 254.011 - Agreement With Health And Human Services Commission
  The board shall enter into an agreement with the Health and Human Services Commission to improve coordination on issues relating to the state Medicaid program. ...
• Texas Occupations Code Section 254.012 - Inclusion Of Medicaid-Related Information In Annual Financial Report
  The board shall include in the annual financial report required by Section 2101.011, Government Code, information on all cases handled by the board during the ...
• Texas Occupations Code Section 254.013 - Peace Officers
  (a) The board may commission as a peace officer to enforce this subtitle an employee who has been certified as qualified to be a peace ...
• Texas Occupations Code Section 254.014 - Use Of Alternative Rulemaking And Dispute Resolution Procedures
  (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 254.015 - Use Of Technology
  The board shall develop and implement a policy requiring the executive director and board employees to research and propose appropriate technological solutions to improve the ...
• Texas Occupations Code Section 254.016 - 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 254.017 - 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 255.001 - Public Interest Information
  (a) The board shall prepare information of public interest describing the functions of the board and procedures by which complaints are filed with and resolved ...
• Texas Occupations Code Section 255.002 - Complaints
  (a) The board by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of ...
• Texas Occupations Code Section 255.003 - Assistance With Complaint
  The board shall provide reasonable assistance to a person who wishes to file a complaint with the board. Acts 1999, 76th Leg., ch. 388, § ...
• Texas Occupations Code Section 255.004 - Records Of Complaints
  (a) The board shall maintain a file on each written complaint filed with the board. (b) The file must include: (1) the name of the ...
• Texas Occupations Code Section 255.005 - Notification Of Investigation Status
  If a written complaint is filed with the board that the board has authority to resolve, the board, at least quarterly until final disposition of ...
• Texas Occupations Code Section 255.006 - General Rules Regarding Complaint Investigation And Disposition
  (a) A complaint received under this chapter must be filed with and reviewed by the board to determine jurisdiction. If the board has jurisdiction, the ...
• Texas Occupations Code Section 255.007 - Notice To Board Concerning Complaints
  (a) The executive director shall notify the board of a complaint that is unresolved after the second anniversary of the date the complaint is filed. ...
• Texas Occupations Code Section 255.008 - 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 256.001 - License Required
  A person may not practice or offer to practice dentistry or dental surgery or represent that the person practices dentistry unless the person holds a ...
• Texas Occupations Code Section 256.002 - Minimum Qualifications Of Dental Applicant
  (a) An applicant for a license to practice dentistry must: (1) be at least 21 years of age; (2) be of good moral character; and ...
• Texas Occupations Code Section 256.003 - Examination
  (a) The board shall provide for the examination of an applicant for a dental license. (b) The examination must consist of subjects and operations relating ...
• Texas Occupations Code Section 256.005 - Examination Results
  (a) The board shall notify each examinee of the results of the examination not later than the 30th day after the date the examination is ...
• Texas Occupations Code Section 256.006 - Reexamination
  (a) The board by rule shall establish the conditions under which and the number of times an applicant may retake an examination. (b) The board ...
• Texas Occupations Code Section 256.051 - Definition
  In this chapter, "dental hygienist" means a person who practices dental hygiene under a license issued under this chapter. Acts 1999, 76th Leg., ch. 388, ...
• Texas Occupations Code Section 256.052 - License Required
  A person may not practice or offer to practice dental hygiene in this state unless the person is licensed under this chapter. Acts 1999, 76th ...
• Texas Occupations Code Section 256.053 - Eligibility For License
  (a) An applicant for a license to practice dental hygiene in this state must be: (1) at least 18 years of age; (2) of good ...
• Texas Occupations Code Section 256.0531 - Alternative Dental Hygiene Training Programs
  (a) It is the intent of the legislature that programs approved by the board under this section provide hygiene training that is substantially equivalent to ...
• Texas Occupations Code Section 256.054 - Application For Examination
  To take the examination under Section 256.055, an applicant for a license must: (1) submit an application on a form prescribed by the board; (2) ...
• Texas Occupations Code Section 256.055 - License Examination
  (a) The board shall provide for the examination of an applicant for a dental hygienist license. (b) The examination must include subjects and operations relating ...
• Texas Occupations Code Section 256.056 - Examination Results
  (a) The board shall notify each examinee of the results of the examination within a reasonable time after the date of the examination. (b) If ...
• Texas Occupations Code Section 256.057 - Reexamination
  (a) The board by rule shall establish the conditions under which and the number of times an applicant may retake an examination. (b) The board ...
• Texas Occupations Code Section 256.058 - Issuance Of License
  The board shall issue a license to practice dental hygiene to an applicant who has passed all phases of the examination. Acts 1999, 76th Leg., ...
• Texas Occupations Code Section 256.101 - Issuance Of License To Certain Out-Of-State Applicants
  (a) The board shall issue a license to practice dentistry to a reputable dentist or a license to practice dental hygiene to a reputable dental ...
• Texas Occupations Code Section 256.1013 - Provisional License
  (a) The board may issue a provisional license to an applicant currently licensed in another jurisdiction who seeks a license in this state and who: ...
• Texas Occupations Code Section 256.1015 - Temporary License
  (a) The board, upon payment by the applicant of a fee set by the board, shall grant a temporary license to practice dentistry to any ...
• Texas Occupations Code Section 256.102 - Retired Status
  (a) The board by rule may allow a license holder to place the person's license on retired status. A license holder must apply to the ...
• Texas Occupations Code Section 256.103 - Display Of Annual Registration Certificate
  (a) A licensed dentist or dental hygienist shall display the person's current registration certificate in each office in which the person provides dental services. If ...
• Texas Occupations Code Section 256.104 - Duplicate License
  (a) The board may issue a duplicate license to a person whose license is lost or destroyed if the person: (1) pays a reasonable fee; ...
• Texas Occupations Code Section 256.105 - Notification Of Change Of Information
  (a) Each dentist, dental hygienist, and owner or manager of a dental laboratory licensed or registered with the board shall timely notify the board of: ...
• Texas Occupations Code Section 257.001 - License Expiration
  (a) The board by rule may adopt a system under which licenses expire on various dates during the year. (b) Dates of license suspension and ...
• Texas Occupations Code Section 257.002 - License Renewal
  (a) A person required to hold a license as a practitioner under this subtitle who fails or refuses to apply for renewal of a license ...
• Texas Occupations Code Section 257.004 - Cardiopulmonary Resuscitation Requirements
  (a) A person holding a dental or dental hygienist license must submit at the time the person applies for renewal of the license: (1) a ...
• Texas Occupations Code Section 257.005 - Continuing Education For Dentist And Dental Hygienist
  (a) The board shall develop a mandatory continuing education program for licensed dentists and dental hygienists. The board by rule shall require a license holder ...
• Texas Occupations Code Section 258.001 - Impermissible Delegations
  A dentist may not delegate: (1) an act to an individual who, by board order, is prohibited from performing the act; (2) any of the ...
• Texas Occupations Code Section 258.002 - Delegation To Dental Assistant
  (a) A licensed dentist may delegate to a qualified and trained dental assistant acting under the dentist's direct supervision any dental act that a reasonable ...
• Texas Occupations Code Section 258.003 - Responsibility Of Delegating Dentist
  A delegating dentist is responsible for a dental act performed by the person to whom the dentist delegates the act. Acts 1999, 76th Leg., ch. ...
• Texas Occupations Code Section 258.051 - Dentist Records
  (a) The records of a diagnosis made and treatment performed for and on a dental patient are the property of the dentist performing the dental ...
• Texas Occupations Code Section 258.052 - Case Histories And Physical Evaluations
  (a) A dentist may take a complete case history and perform a complete physical evaluation that may be used to admit a patient to a ...
• Texas Occupations Code Section 258.053 - Use Of Certain Drugs
  (a) In this section, "narcotic drugs," "dangerous drugs," and "controlled substances" have the meanings defined or recognized by federal law or the law of this ...
• Texas Occupations Code Section 258.054 - Use Of X-Ray Equipment
  (a) A dentist may authorize a qualified person to perform beam calibration and characterization, quality assurance, instrument specification, acceptance testing, shielding design, or protection analysis ...
• Texas Occupations Code Section 258.101 - Definitions
  In this subchapter: (1) "Dental record" means dental information about a patient: (A) created or maintained by a dentist; and (B) relating to the history ...
• Texas Occupations Code Section 258.102 - Scope Of Privilege
  (a) The following information is privileged and may not be disclosed except as provided by this subchapter: (1) a communication between a dentist and a ...
• Texas Occupations Code Section 258.103 - Holder Of Privilege
  (a) The patient is the holder of the privilege. (b) The following persons may claim the privilege on the patient's behalf: (1) a person authorized ...
• Texas Occupations Code Section 258.104 - Consent To Disclosure Of Privileged Information
  (a) A person may disclose privileged information if the patient consents to the disclosure as provided in this section. (b) Consent for the release of ...
• Texas Occupations Code Section 258.105 - Exception To Privilege For Certain Proceedings
  (a) The privilege does not apply in a court or administrative proceeding if the proceeding is: (1) brought by the patient against a dentist, including ...
• Texas Occupations Code Section 258.106 - Exception To Privilege For Certain Disclosures By Dentist
  (a) The privilege does not apply to the disclosure of information by a dentist to: (1) a governmental agency, if: (A) the disclosure is required ...
• Texas Occupations Code Section 258.107 - Exception To Privilege For Certain Legislative Inquiries
  A state hospital or state school may disclose a dental record if: (1) the state hospital or state school created the record; (2) an inquiry ...
• Texas Occupations Code Section 258.108 - Limit On Disclosure
  A person who receives privileged information may disclose the information to another person only to the extent consistent with the purpose for which the information ...
• Texas Occupations Code Section 258.109 - Request For Dental Record: Timing; Exception
  (a) If disclosure of a dental record is authorized under this subchapter, a dentist shall disclose the dental record within a reasonable period after it ...
• Texas Occupations Code Section 258.151 - Definition
  In this subchapter, "enteral" means any technique of administering anesthesia in which the anesthetic is absorbed through the gastrointestinal tract or oral mucosa. Examples of ...
• Texas Occupations Code Section 258.152 - Applicability
  Rules adopted by the board under this subchapter do not apply to: (1) the regional injection of an anesthetic to reduce or eliminate sensation, especially ...
• Texas Occupations Code Section 258.153 - Rules
  (a) The board shall establish by rule the minimum standards for the enteral administration of anesthesia by a dentist. (b) The rules must be designed ...
• Texas Occupations Code Section 258.154 - Compliance With Anesthesia Rules
  (a) On and after August 31, 2002, a dentist who practices dentistry in this state and who enterally administers anesthesia or performs a procedure for ...
• Texas Occupations Code Section 258.155 - Annual Permit
  (a) Not later than September 1, 2002, the board shall require each dentist who enterally administers anesthesia or performs a procedure for which anesthesia is ...
• Texas Occupations Code Section 258.156 - Inspections
  (a) The board may conduct inspections to enforce this subchapter, including inspections of an office site and of documents of a dentist's practice that relate ...
• Texas Occupations Code Section 258.157 - Requests For Inspection And Advisory Opinion
  (a) The board may consider a request by a dentist for an on-site inspection. The board may, in its discretion and on payment of a ...
• Texas Occupations Code Section 259.001 - False Statements To Patients
  A dentist may not, in the practice of dentistry, make a misrepresentation or a false or misleading statement to a patient or prospective patient. Acts ...
• Texas Occupations Code Section 259.002 - Notification Of Qualifications
  Each dental office shall post at or near the entrance of the office the name of, each degree received by, and each school attended by ...
• Texas Occupations Code Section 259.003 - Use Of Trade Name
  (a) A person may use a corporation, company, association, or trade name, provided that each patient shall be given the name of the treating dentist, ...
• Texas Occupations Code Section 259.004 - Duties Of Dentist In Certain Employment Or Contractual Arrangements
  (a) A person providing dental services under an agreement that allows another person to control or influence any aspect of the delivery of dental services, ...
• Texas Occupations Code Section 259.005 - Authorized Advertising Restrictions
  Board rules adopted under Section 254.002 to regulate advertising may include restrictions that prohibit communications to the public that: (1) are false, misleading, or deceptive; ...
• Texas Occupations Code Section 259.006 - Unlawful Advertising In General
  (a) A person may not engage in false, misleading, or deceptive advertising in connection with the practice of dentistry. (b) A person regulated by the ...
• Texas Occupations Code Section 259.007 - Unlawful Advertising: Out-Of-State Provider
  A person who is not domiciled and located in this state and subject to the laws of this state may not advertise or cause or ...
• Texas Occupations Code Section 259.008 - Unprofessional Conduct
  A person may not directly or indirectly engage in unprofessional conduct relating to dentistry, including: (1) obtaining or attempting to collect a fee by fraud ...
• Texas Occupations Code Section 260.001 - Employment By Estate Of Dentist Or Person Acting For Mentally Incompetent Dentist
  (a) This subtitle does not prevent a person who is the administrator or executor of the estate of a dentist or a person who is ...
• Texas Occupations Code Section 260.002 - Employment By Certain Nonprofit Health Organizations
  (a) The board shall, on a form and under rules adopted by the board, approve and certify a health organization to contract with or employ ...
• Texas Occupations Code Section 260.003 - Employment By Organizations Serving Underserved Populations
  A dentist licensed by the board may be employed by or contract with an organization if: (1) the organization is a nonprofit corporation under the ...
• Texas Occupations Code Section 260.004 - Employment By Governmental Entity
  A dentist licensed by the board may be employed by or contract with a governmental entity that provides dental services under federal or state law. ...
• Texas Occupations Code Section 261.001 - Definitions
  In this chapter: (1) "Dental association" means an organization that is composed of members who are dentists and incorporated under the Texas Non-Profit Corporation Act ...
• Texas Occupations Code Section 261.051 - Confidentiality Of Proceedings
  (a) Except as otherwise provided by this chapter: (1) a dental peer review committee's proceedings and records are confidential; and (2) communications made to a ...
• Texas Occupations Code Section 261.052 - Disclosure Of Information
  Communications made to a dental peer review committee and the records and proceedings of the committee may be disclosed to: (1) another dental peer review ...
• Texas Occupations Code Section 261.053 - Disclosure To Affected Dentist
  (a) Disclosure to the affected dentist of confidential peer review committee information pertinent to the matter under review does not waive the confidentiality provisions of ...
• Texas Occupations Code Section 261.054 - Committee's Evidentiary Privilege
  (a) Unless disclosure is required or authorized by law, records or determinations of or communications to a dental peer review committee are not subject to ...
• Texas Occupations Code Section 261.055 - Compliance With Board Subpoenas
  (a) A person, including the governing body and medical staff of a health care entity, shall comply with a subpoena for a document or information ...
• Texas Occupations Code Section 261.101 - Committee Immunity From Suit
  (a) In the absence of fraud, conspiracy, or malice, a dental peer review committee is not subject to a suit for damages arising from investigating ...
• Texas Occupations Code Section 261.102 - Committee Participants' Immunity From Suit
  A cause of action does not accrue against a member, agent, or employee of a dental peer review committee for an act, statement, determination, or ...
• Texas Occupations Code Section 261.103 - Immunity From Suit
  A person is immune from civil liability if: (1) the person reports or furnishes information to a dental peer review committee or the board in ...
• Texas Occupations Code Section 261.104 - Counterclaim For Frivolous Suit
  A dental peer review committee, a person participating in peer review, or any other person named as a defendant in a civil action filed as ...
• Texas Occupations Code Section 262.001 - Definitions
  In this chapter: (1) "Advisory committee" means the Dental Hygiene Advisory Committee. (2) "Dental hygienist" means a person who practices dental hygiene under a license ...
• Texas Occupations Code Section 262.002 - Practice Of Dental Hygiene
  (a) A person practices dental hygiene if the person: (1) removes accumulated matter, tartar, deposits, accretions, or stains, other than mottled enamel stains, from the ...
• Texas Occupations Code Section 262.003 - Exemptions
  This chapter does not apply to: (1) a licensed dentist practicing dentistry in this state, except as provided by Subchapter D; (2) a physician authorized ...
• Texas Occupations Code Section 262.051 - Dental Hygiene Advisory Committee
  The advisory committee shall advise the board on matters relating to dental hygiene. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. ...
• Texas Occupations Code Section 262.052 - Advisory Committee Membership
  The advisory committee consists of six members as follows: (1) three dental hygienist members appointed by the governor; (2) one dentist member appointed by the ...
• Texas Occupations Code Section 262.053 - Membership Restrictions
  (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 262.054 - Terms
  (a) Members of the advisory committee serve staggered six-year terms with the terms of one-third of the members expiring on February 1 of each odd-numbered ...
• Texas Occupations Code Section 262.055 - Presiding Officer
  The advisory committee shall elect a presiding officer from its members to serve a one-year term. Acts 1999, 76th Leg., ch. 388, § 1, eff. ...
• Texas Occupations Code Section 262.0555 - Grounds For Removal
  (a) It is a ground for removal from the advisory committee that a member: (1) does not have at the time of taking office the ...
• Texas Occupations Code Section 262.056 - Per Diem; Reimbursement
  (a) An advisory committee member is entitled to the per diem set by the General Appropriations Act for each day the member engages in committee ...
• Texas Occupations Code Section 262.101 - Board Powers And Duties
  The board shall: (1) administer this chapter; and (2) regulate all matters concerning dental hygienists and the practice of dental hygiene. Acts 1999, 76th Leg., ...
• Texas Occupations Code Section 262.102 - Rulemaking Authority Of Board
  (a) The board shall adopt and enforce rules that are necessary and advisable to carry out the purposes of and to enforce this chapter, including ...
• Texas Occupations Code Section 262.1025 - Authority Of Advisory Committee To Recommend Rules; Adoption By Board
  (a) The advisory committee may make a recommendation to the board relating to the regulation of the practice of dental hygiene. A recommendation under this ...
• Texas Occupations Code Section 262.103 - Notice Of Meetings
  To ensure that the advisory committee properly exercises its advisory powers, the board shall provide the advisory committee with timely notice of each board meeting ...
• Texas Occupations Code Section 262.151 - Delegation Of Duties By Dentist
  (a) A licensed dentist may delegate orally or in writing a service, task, or procedure to a dental hygienist who is under the supervision and ...
• Texas Occupations Code Section 262.1515 - Delegation Of Duties To Dental Hygienist Practicing In Certain Long-Term Care Facilities And School-Based Health Centers
  (a) A licensed dentist may delegate a service, task, or procedure, pursuant to this section, to a dental hygienist, without complying with Section 262.151(a)(2) if: ...
• Texas Occupations Code Section 262.152 - Performance Of Delegated Duties
  A dental hygienist shall practice dental hygiene: (1) in the dental office of a supervising dentist licensed by the board; or (2) in an alternate ...
• Texas Occupations Code Section 262.201 - Prohibited Practice
  A dental hygienist may not practice or offer to practice dental hygiene under a name other than the name appearing on the person's license. Acts ...
• Texas Occupations Code Section 262.202 - Civil Liability
  A dental hygienist who administers to a person cardiopulmonary resuscitation or other emergency care in an emergency situation is not liable to the person for ...
• Texas Occupations Code Section 262.203 - Criminal Penalty
  (a) A person commits an offense if the person violates a provision of this chapter or Chapter 256 relating to the regulation of dental hygienists. ...
• Texas Occupations Code Section 263.001 - Grounds For Refusal To Issue License
  The board may refuse to issue a license by examination to a dental or dental hygiene applicant if the person: (1) presents to the board ...
• Texas Occupations Code Section 263.002 - Grounds For Disciplinary Action In General
  (a) The board, after notice and hearing, may reprimand a person who holds a license issued under this subtitle, issue a warning letter to a ...
• Texas Occupations Code Section 263.003 - Hearing
  A person is entitled to a hearing under Chapter 2001, Government Code, if the board proposes to: (1) refuse to issue a license by examination ...
• Texas Occupations Code Section 263.004 - Temporary Suspension In Emergency
  (a) If the board or an executive committee of the board determines from the evidence or information presented that the continued practice by a person ...
• Texas Occupations Code Section 263.005 - Probation
  If a license suspension is probated, the board may require the license holder to: (1) report regularly to the board on matters that are the ...
• Texas Occupations Code Section 263.006 - Suspension Or Revocation Required For Certain Drug Offenses
  (a) The board shall suspend a license holder's license issued under this subtitle on proof that the person has been: (1) initially convicted of: (A) ...
• Texas Occupations Code Section 263.007 - Informal Proceeding
  (a) The board by rule shall adopt procedures governing: (1) informal disposition of a contested case under Section 2001.056, Government Code; and (2) an informal ...
• Texas Occupations Code Section 263.0075 - Informal Settlement Conference; Restitution
  (a) The board by rule shall establish procedures by which a panel of board employees may conduct an informal settlement conference to resolve a complaint ...
• Texas Occupations Code Section 263.008 - Subpoena
  (a) The board may request and, if necessary, compel by subpoena the attendance of witnesses for examination under oath and the production for examination and ...
• Texas Occupations Code Section 263.009 - Appeal
  A person aggrieved by a decision of the board under this chapter is entitled to appeal as provided by Chapter 2001, Government Code. Acts 1999, ...
• Texas Occupations Code Section 264.001 - Imposition Of Penalty
  The board may impose an administrative penalty on a person licensed or regulated under this subtitle who violates this subtitle or a rule or order ...
• Texas Occupations Code Section 264.002 - Amount Of Penalty
  (a) The amount of the administrative penalty may not exceed $5,000 for each violation. Each day a violation continues or occurs is a separate violation ...
• Texas Occupations Code Section 264.003 - Report And Notice Of Violation And Penalty
  (a) If the executive director or a board subcommittee determines that a violation has occurred, the executive director or board subcommittee may issue to the ...
• Texas Occupations Code Section 264.004 - Penalty To Be Paid Or Hearing Requested
  (a) Not later than the 20th day after the date the person receives the notice, the person may: (1) accept, in writing, the executive director's ...
• Texas Occupations Code Section 264.005 - Hearing
  (a) If the person requests a hearing or fails to respond in a timely manner to the notice, the executive director shall set a hearing ...
• Texas Occupations Code Section 264.006 - Decision By Board
  (a) Based on the findings of fact, conclusions of law, and proposal for decision, the board by order may determine that: (1) a violation occurred ...
• Texas Occupations Code Section 264.007 - Options Following Decision: Pay Or Appeal
  (a) Not later than the 30th day after the date the board's order becomes final, the person shall: (1) pay the administrative penalty; (2) pay ...
• Texas Occupations Code Section 264.008 - Collection Of Penalty
  If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the executive director may refer the matter ...
• Texas Occupations Code Section 264.009 - Determination By Court
  (a) If the court sustains the determination that a violation has occurred after the court reviews the board's order imposing an administrative penalty, the court ...
• Texas Occupations Code Section 264.010 - Remittance Of Penalty And Interest
  (a) If after judicial review, the penalty is reduced or not upheld by the court, the court shall, after the judgment becomes final: (1) order ...
• Texas Occupations Code Section 264.011 - Informal Assessment Of Administrative Penalty
  This subchapter does not prevent the board from assessing an administrative penalty using an informal proceeding under Section 263.003. Acts 1999, 76th Leg., ch. 388, ...
• Texas Occupations Code Section 264.012 - Administrative Procedure
  A proceeding under this subchapter is subject to Chapter 2001, Government Code. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. ...
• Texas Occupations Code Section 264.051 - Injunction
  (a) The state shall file suit for injunction against a person who practices or intends to practice dentistry in violation of state law. The suit ...
• Texas Occupations Code Section 264.052 - Representation Of State
  The attorney general or the district attorney or county attorney of the county in which the unlawful acts occurred shall represent the state in a ...
• Texas Occupations Code Section 264.0525 - Cease And Desist Order
  (a) The board may serve a proposed cease and desist order on a person the board believes is engaging or is likely to engage in ...
• Texas Occupations Code Section 264.0526 - Emergency Cease And Desist Order
  (a) The board may issue an emergency cease and desist order to a person if the board reasonably believes that: (1) the person is engaging ...
• Texas Occupations Code Section 264.0527 - Appeal Of Cease And Desist Order
  (a) A person affected by a cease and desist order issued, affirmed, or modified after a hearing may file a petition for judicial review. (b) ...
• Texas Occupations Code Section 264.053 - Remedies Cumulative
  The remedies provided by this subchapter are in addition to criminal prosecution and cumulative of other remedies provided to prevent the unlawful practice of dentistry. ...
• Texas Occupations Code Section 264.101 - Civil Penalty
  (a) A person who violates a provision of this subtitle is liable to the state for a civil penalty in an amount not to exceed ...
• Texas Occupations Code Section 264.102 - Collection Of Civil Penalty
  At the board's request, the attorney general or the district attorney or county attorney of the county in which the violation is alleged to have ...
• Texas Occupations Code Section 264.151 - Criminal Penalty
  (a) A person commits an offense if the person violates this subtitle. (b) An offense under this section is a Class A misdemeanor. (c) A ...
• Texas Occupations Code Section 265.001 - Registration
  The board may adopt and enforce rules requiring the registration of dental assistants as necessary to protect the public health and safety. Acts 1999, 76th ...
• Texas Occupations Code Section 265.002 - Supervision, Direction, And Responsibility
  In this subtitle, a dental assistant is under the direct supervision, direction, and responsibility of a dentist if the dentist: (1) employs the dental assistant ...
• Texas Occupations Code Section 265.003 - Permitted Duties
  (a) A dental assistant who is not professionally licensed may: (1) be employed by and work in the office of a licensed and practicing dentist; ...
• Texas Occupations Code Section 265.004 - Pit And Fissure Sealant Certificate
  (a) The board shall issue a pit and fissure sealant certificate to a dental assistant who qualifies under this section. (b) To qualify for a ...
• Texas Occupations Code Section 265.005 - X-Ray Certificate
  (a) A dental assistant may not make dental x-rays unless the dental assistant holds a certificate of registration issued by the board under this section. ...
• Texas Occupations Code Section 266.001 - Definitions
  In this chapter: (1) "Council" means the Dental Laboratory Certification Council. (2) "Dental laboratory" means a place in which a person performs or offers to ...
• Texas Occupations Code Section 266.002 - Exemptions
  This chapter does not apply to: (1) a student enrolled in a program of a school of dentistry; (2) a licensed dentist engaged in the ...
• Texas Occupations Code Section 266.051 - Appointment Of Council; Membership.
  The Dental Laboratory Certification Council consists of three members appointed by the board. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. ...
• Texas Occupations Code Section 266.052 - Member Eligibility
  (a) A person is eligible for appointment to the council if the person: (1) is a dental technician who is certified as described by Section ...
• Texas Occupations Code Section 266.053 - Terms
  (a) Council members serve two-year terms. (b) A member may not serve more than four terms. Acts 1999, 76th Leg., ch. 388, § 1, eff. ...
• Texas Occupations Code Section 266.054 - President
  The council shall elect from its members a presiding officer to serve a one-year term. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. ...
• Texas Occupations Code Section 266.055 - Per Diem
  A council member is entitled to the per diem set for members of state boards and commissions by the General Appropriations Act. Acts 1999, 76th ...
• Texas Occupations Code Section 266.056 - Meetings
  The council: (1) shall meet at least once each year; and (2) may meet at other times at the call of the presiding officer of ...
• Texas Occupations Code Section 266.057 - Civil Liability
  A member of the council is not liable in a civil action for an act performed in good faith while performing duties as a council ...
• Texas Occupations Code Section 266.101 - Council Powers And Duties
  (a) The council shall review each application for registration or renewal of registration to determine if the applicant meets the requirements of this chapter. The ...
• Texas Occupations Code Section 266.102 - Board Powers And Duties
  (a) The board shall: (1) not later than the 30th day after the date the board receives a recommended rule from the council, consider the ...
• Texas Occupations Code Section 266.151 - Registration Required
  (a) In this section, "person" means an individual or a private legal entity, including a corporation, association, or partnership. (b) A person may not operate ...
• Texas Occupations Code Section 266.152 - Certified Dental Technician
  (a) A dental laboratory must have at least one dental technician working on the laboratory's premises who is certified by a recognized board of certification ...
• Texas Occupations Code Section 266.153 - Application For Registration
  (a) An owner or manager of a dental laboratory shall annually: (1) apply to the board for the registration of each dental laboratory doing business ...
• Texas Occupations Code Section 266.154 - Registration Renewal
  (a) An applicant for renewal of a dental laboratory registration must provide evidence satisfactory to the board that at least one employee who works on ...
• Texas Occupations Code Section 266.201 - Prescription Required
  (a) A dentist who orders a dental laboratory service shall prepare and deliver to the dental laboratory a prescription or work order for the service ...
• Texas Occupations Code Section 266.202 - Reliance On Prescription
  (a) The owner, manager, or employee of a dental laboratory or a dental technician may not perform or aid or abet another person in performing ...
• Texas Occupations Code Section 266.203 - Transportation Of Dental Material Permitted
  This chapter does not prohibit a person who is subject to and complies with this chapter from using the United States mail, a railway express ...
• Texas Occupations Code Section 266.251 - Grounds For Disciplinary Action
  (a) The board may refuse to issue a registration certificate, may impose a fine on a person who holds a registration certificate, may suspend or ...
• Texas Occupations Code Section 266.252 - Procedures For Disciplinary Action
  The board shall follow the procedures under Chapter 263 in a complaint or disciplinary action under this chapter. Acts 1999, 76th Leg., ch. 388, § ...
• Texas Occupations Code Section 266.301 - Dental Prosthetic Appliance
  (a) In this section, "person" means an individual or a private legal entity, including a corporation, association, or partnership. (b) A person may not fill ...
• Texas Occupations Code Section 266.302 - Injunction
  The board may apply for a restraining order or injunction to enforce this chapter or a board rule adopted under this chapter. Acts 1999, 76th ...
• Texas Occupations Code Section 266.303 - Criminal Penalties
  (a) A person commits an offense if the person: (1) is a dentist and provides a dental laboratory service without being exempt under Section 266.002(2); ...
• Texas Occupations Code Section 267.001 - License Required
  (a) A person may not serve as a faculty member of a dental school unless the person holds a dental school faculty member license issued ...
• Texas Occupations Code Section 267.002 - Exemptions
  (a) A person is exempt from the requirements of Section 267.001(a) if the person is licensed to practice dentistry in this state. (b) A person ...
• Texas Occupations Code Section 267.003 - Qualifications For License
  (a) To qualify for a dental school faculty member license, a person must: (1) file an application with the board that presents proof that the ...
• Texas Occupations Code Section 267.004 - License Renewal
  A license issued under this chapter must be renewed annually. Added by Acts 2003, 78th Leg., ch. 17, § 26, eff. Sept. 1, 2003. ...
• Texas Occupations Code Section 267.005 - License Expiration
  (a) A license issued under this chapter expires on the termination of the license holder's employment with the dental or dental hygiene school. (b) A ...
• Texas Occupations Code Section 267.006 - Practice Of Dentistry Or Dental Hygiene Prohibited
  A license issued under this chapter does not authorize the license holder to engage in the practice of dentistry or dental hygiene. Added by Acts ...
• Texas Occupations Code Section 301.001 - Short Title
  This chapter may be cited as the Nursing Practice Act. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. ...
• Texas Occupations Code Section 301.002 - Definitions
  In this chapter: (1) "Board" means the Board of Nurse Examiners. (2) "Professional nursing" means the performance of an act that requires substantial specialized judgment ...
• Texas Occupations Code Section 301.003 - Application Of Sunset Act
  The Board of Nurse Examiners is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the ...
• Texas Occupations Code Section 301.004 - Application Of Chapter
  (a) This chapter does not apply to: (1) gratuitous nursing care of the sick that is provided by a friend; (2) nursing care provided during ...
• Texas Occupations Code Section 301.051 - Board Membership
  (a) The Board of Nurse Examiners consists of 13 members appointed by the governor with the advice and consent of the senate as follows: (1) ...
• Texas Occupations Code Section 301.052 - Member Eligibility
  (a) A person is not eligible for appointment as a registered nurse or vocational nurse member of the board unless the person has practiced nursing ...
• Texas Occupations Code Section 301.053 - 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 301.054 - Terms
  Members of the board serve staggered six-year terms, with the terms of as near to one-third of the members as possible expiring on January 31 ...
• Texas Occupations Code Section 301.055 - Grounds For Removal
  (a) It is a ground for removal from the board that a member: (1) does not have at the time of appointment the qualifications required ...
• Texas Occupations Code Section 301.056 - Per Diem; Reimbursement
  (a) Each board member is entitled to receive a per diem as set by the General Appropriations Act for each day the member engages in ...
• Texas Occupations Code Section 301.057 - Officers
  (a) The governor shall designate a member of the board as presiding officer to serve in that capacity at the pleasure of the governor. (b) ...
• Texas Occupations Code Section 301.058 - Meetings
  The presiding officer shall call a special board meeting on the written request of at least two board members. Acts 1999, 76th Leg., ch. 388, ...
• Texas Occupations Code Section 301.059 - Training
  (a) Before a board member may assume the member's duties and before the member may be confirmed by the senate, the member must complete at ...
• Texas Occupations Code Section 301.101 - Executive Director
  (a) The board shall employ an executive director. The executive director may not be a member of the board. (b) Under the direction of the ...
• Texas Occupations Code Section 301.103 - Public Records; Registry
  (a) The executive director shall keep: (1) a record of each meeting of the board; and (2) a registry of the name of each nurse ...
• Texas Occupations Code Section 301.104 - Personnel; Employment Practices
  The board shall employ persons as necessary to carry on the work of the board. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. ...
• Texas Occupations Code Section 301.105 - Division Of Responsibilities
  (a) The board shall develop and implement policies that clearly define the respective responsibilities of the board and the staff of the board. (b) The ...
• Texas Occupations Code Section 301.106 - 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 chapter; ...
• Texas Occupations Code Section 301.107 - Career Ladder Program; 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 ...
• Texas Occupations Code Section 301.108 - Equal Employment Opportunity Policy; Report
  (a) The executive director or the executive director's designee shall prepare and maintain a written policy statement to ensure implementation of an equal employment opportunity ...
• Texas Occupations Code Section 301.151 - General Rulemaking Authority
  The board may adopt and enforce rules consistent with this chapter and necessary to: (1) perform its duties and conduct proceedings before the board; (2) ...
• Texas Occupations Code Section 301.152 - Rules Regarding Specialized Training
  (a) In this section, "advanced practice nurse" means a registered nurse approved by the board to practice as an advanced practice nurse on the basis ...
• Texas Occupations Code Section 301.153 - Rules Regarding Advertising And Competitive Bidding
  (a) The board may not adopt rules restricting advertising or competitive bidding by a person except to prohibit false, misleading, or deceptive practices by the ...
• Texas Occupations Code Section 301.154 - Rules Regarding Delegation Of Certain Medical Acts
  (a) The board may recommend to the Texas State Board of Medical Examiners the adoption of rules relating to the delegation by physicians of medical ...
• Texas Occupations Code Section 301.155 - Fees
  (a) The board by rule shall establish fees in amounts reasonable and necessary to cover the costs of administering this chapter. The board may not ...
• Texas Occupations Code Section 301.156 - Gifts And Grants
  The board may receive gifts, grants, or other funds or assets. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. ...
• Texas Occupations Code Section 301.157 - Programs Of Study And Approval
  (a) The board shall prescribe three programs of study to prepare registered nurses as follows: (1) a baccalaureate degree program that is conducted by an ...
• Texas Occupations Code Section 301.158 - Dissemination Of Information
  The board shall disseminate, at least twice a year and at other times the board determines necessary, information that is of significant interest to nurses ...
• Texas Occupations Code Section 301.1581 - 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 301.1582 - 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 301.159 - 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 301.160 - Pilot Programs
  (a) In this section: (1) "Proactive nursing peer review" means peer review that is not initiated to determine culpability with respect to a particular incident. ...
• Texas Occupations Code Section 301.1605 - Pilot Programs For Innovative Applications
  (a) The board may approve and adopt rules regarding pilot programs for innovative applications in the practice and regulation of professional nursing. (b) The board ...
• Texas Occupations Code Section 301.1606 - Pilot Programs On Nurse Reporting Systems
  (a) Before January 1, 2004, the board shall solicit proposals for pilot programs designed to evaluate the efficacy and effect on protection of the public ...
• Texas Occupations Code Section 301.161 - Enforcement
  (a) The board shall aid in the enforcement of this chapter. (b) The board may: (1) issue a subpoena; (2) compel the attendance of a ...
• Texas Occupations Code Section 301.1615 - Obtaining Criminal History Record Information; Hearing
  (a) In addition to the information to which the board is entitled under Section 411.125, Government Code, the board may request and receive criminal history ...
• Texas Occupations Code Section 301.162 - Legal Counsel
  The board may retain legal counsel to represent the board if first: (1) the board requests the attorney general to represent the board; and (2) ...
• Texas Occupations Code Section 301.163 - Record Of Proceedings; Report
  The board shall keep a record of its proceedings under this chapter and make an annual report to the governor. Acts 1999, 76th Leg., ch. ...
• Texas Occupations Code Section 301.164 - Assistance Of Prosecutor
  A board member may present to a prosecuting officer a complaint relating to a violation of this chapter. The board, through its members, officers, counsel, ...
• Texas Occupations Code Section 301.165 - 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 301.201 - 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 301.202 - Complaints
  (a) The board by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of ...
• Texas Occupations Code Section 301.203 - Records Of Complaints
  (a) The board shall keep an information file about each complaint filed with the board. The information file must be kept current and must contain ...
• Texas Occupations Code Section 301.204 - General Rules Regarding Complaint Investigation And Disposition
  (a) The board shall adopt rules concerning the investigation of a complaint filed with the board. The rules adopted under this subsection must: (1) distinguish ...
• Texas Occupations Code Section 301.205 - 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 301.251 - License Required
  (a) A person may not practice or offer to practice professional nursing or vocational nursing in this state unless the person is licensed as provided ...
• Texas Occupations Code Section 301.2511 - Criminal History Record Information For License Applicants
  (a) An applicant for a registered nurse license must submit to the board, in addition to satisfying the other requirements of this subchapter, a complete ...
• Texas Occupations Code Section 301.252 - License Application
  (a) Each applicant for a registered nurse license or a vocational nurse license must submit to the board a sworn application that demonstrates the applicant's ...
• Texas Occupations Code Section 301.253 - Examination
  (a) Except as provided by Section 301.452, an applicant is entitled to take the examination prescribed by the board if: (1) the board determines that ...
• Texas Occupations Code Section 301.254 - Examination Results
  (a) The board shall notify each examinee of the results of the examination not later than the 30th day after the date the examination is ...
• Texas Occupations Code Section 301.255 - Reexamination
  The board by rule shall establish conditions under which an applicant who fails an examination may retake the examination. For an applicant who fails the ...
• Texas Occupations Code Section 301.256 - Issuance Of License
  If the results of an examination taken under Section 301.253 or 301.255 satisfy the criteria established by the board under that section, the board shall ...
• Texas Occupations Code Section 301.257 - Declaratory Order Of License Eligibility
  (a) A person may petition the board for a declaratory order as to the person's eligibility for a license under this chapter if the person: ...
• Texas Occupations Code Section 301.258 - Temporary Permit
  (a) Pending the results of a licensing examination, the board may issue to an applicant who is a graduate of an approved educational program a ...
• Texas Occupations Code Section 301.259 - Reciprocal License By Endorsement For Certain Foreign Applicants
  On payment of a fee established by the board, the board may issue a license to practice as a registered nurse or vocational nurse in ...
• Texas Occupations Code Section 301.260 - Temporary License By Endorsement
  (a) An applicant for a license under this chapter who is licensed as a registered nurse or vocational nurse by another state may qualify for ...
• Texas Occupations Code Section 301.261 - Inactive Status
  (a) The board may place on inactive status the license of a person under this chapter who is not actively engaged in the practice of ...
• Texas Occupations Code Section 301.301 - License Renewal
  (a) The board by rule may adopt a system under which licenses expire on various dates during the year. (b) A person may renew an ...
• Texas Occupations Code Section 301.3011 - Criminal History Record Information Requirement For Renewal
  (a) The board may require that an applicant for renewal of an unexpired license submit to the board, in addition to satisfying any other requirements ...
• Texas Occupations Code Section 301.302 - Renewal Of Expired License By Out-Of-State Practitioner
  (a) The board may renew without examination the expired license of a person who was licensed to practice professional nursing or vocational nursing in this ...
• Texas Occupations Code Section 301.303 - Continuing Competency
  (a) The board may recognize, prepare, or implement continuing competency programs for license holders under this chapter and may require participation in continuing competency programs ...
• Texas Occupations Code Section 301.305 - Bioterrorism Response Component In Continuing Education
  Text of section effective until September 1, 2007 (a) As part of continuing education requirements under Section 301.303, a license holder shall participate during ...
• Texas Occupations Code Section 301.306 - Forensic Evidence Collection Component In Continuing Education
  (a) As part of continuing education requirements under Section 301.303, a license holder who is employed to work in an emergency room setting and who ...
• Texas Occupations Code Section 301.351 - Designations
  (a) A person who holds a license as a registered nurse under this chapter: (1) is referred to as a registered nurse; and (2) may ...
• Texas Occupations Code Section 301.352 - Protection For Refusal To Engage In Certain Conduct
  (a) A person may not suspend, terminate, or otherwise discipline or discriminate against a nurse who refuses to engage in an act or omission relating ...
• Texas Occupations Code Section 301.353 - Supervision Of Vocational Nurse
  Text of section as added by Acts 2005, 79th Leg., ch. 113, § 8 The practice of vocational nursing must be performed under the ...
• Texas Occupations Code Section 301.353 - Nurse First Assistants; Assisting At Surgery By Other Nurses
  Text of section as added by Acts 2005, 79th Leg., ch. 966, § 1 (a) In this section, "nurse first assistant" means a registered nurse ...
• Texas Occupations Code Section 301.401 - Grounds For Reporting Nurse
  (a) Except as provided by Subsection (b), the following are grounds for reporting a nurse under Section 301.402, 301.403, 301.405, or 301.407: (1) likely exposure ...
• Texas Occupations Code Section 301.402 - Duty Of Nurse To Report
  (a) In this section: (1) "Nursing educational program" means a board-approved educational program leading to initial licensure as a registered nurse or vocational nurse. (2) ...
• Texas Occupations Code Section 301.403 - Duty Of Peer Review Committee To Report
  A nursing peer review committee operating under Chapter 303 that has a ground for reporting a nurse under Section 301.401 shall file with the board ...
• Texas Occupations Code Section 301.404 - Duty Of Nursing Educational Program To Report
  (a) In this section, "nursing educational program" and "nursing student" have the meanings assigned by Section 301.402(a). (b) A nursing educational program that has reasonable ...
• Texas Occupations Code Section 301.405 - Duty Of Person Employing Nurse To Report
  (a) This section applies only to a person who employs, hires, or contracts for the services of a nurse, including: (1) a health care facility, ...
• Texas Occupations Code Section 301.406 - Duty Of Certain Professional Associations And Organizations To Report
  A professional association of nurses or an organization that conducts a certification or accreditation program for nurses and that expels, decertifies, or takes any other ...
• Texas Occupations Code Section 301.407 - Duty Of State Agency To Report
  (a) This section applies only to a state agency that: (1) licenses, registers, or certifies: (A) a hospital; (B) a nursing home; (C) a health ...
• Texas Occupations Code Section 301.408 - Duty Of Liability Insurer To Report
  (a) Each insurer that provides to a nurse liability insurance that covers claims arising from providing or failing to provide nursing care shall submit to ...
• Texas Occupations Code Section 301.409 - Duty Of Prosecuting Attorney To Report
  (a) The attorney representing the state shall cause the clerk of the court of record in which the conviction, adjudication, or finding is entered to ...
• Texas Occupations Code Section 301.410 - Report Regarding Impairment By Chemical Dependency Or Mental Illness
  A person who is required to report a nurse under this subchapter because the nurse is impaired or suspected of being impaired by chemical dependency ...
• Texas Occupations Code Section 301.411 - Effect Of Failure To Report
  (a) A person is not liable in a civil action for failure to file a report required by this subchapter. (b) The appropriate state licensing ...
• Texas Occupations Code Section 301.412 - Reporting Immunity
  A person who, without malice, makes a report required or authorized, or reasonably believed to be required or authorized, under this subchapter: (1) is immune ...
• Texas Occupations Code Section 301.413 - Retaliatory Action
  (a) A person named as a defendant in a civil action or subjected to other retaliatory action as a result of filing a report required, ...
• Texas Occupations Code Section 301.414 - Notice And Review Of Report
  (a) The board shall notify each nurse who is reported to the board under Section 301.402, 301.403, 301.405, 301.406, 301.407, 301.408, or 301.409 of the ...
• Texas Occupations Code Section 301.415 - Rebuttal Statement
  (a) A nurse who is entitled to receive notice under Section 301.414 or the authorized representative of the nurse may file with the board a ...
• Texas Occupations Code Section 301.416 - Investigation
  (a) Except as provided by Subsections (b) and (c), a report under this subchapter shall be treated as a complaint under Section 301.457. (b) If ...
• Texas Occupations Code Section 301.417 - Confidentiality Requirements; Disclosure Of Information
  (a) A report required or authorized under this subchapter and the identity of the person making the report are confidential and may not be disclosed ...
• Texas Occupations Code Section 301.418 - Disclosure Of Charges Or Disciplinary Action
  (a) This subchapter does not prevent disclosure under Section 301.466 of formal charges filed by the board or a final disciplinary action taken by the ...
• Texas Occupations Code Section 301.419 - General Provisions Regarding Duty To Report; Minor Incidents
  (a) In this section, "minor incident" means conduct that does not indicate that the continuing practice of nursing by an affected nurse poses a risk ...
• Texas Occupations Code Section 301.451 - Certain Prohibited Practices
  A person may not: (1) sell, fraudulently obtain, or fraudulently furnish a nursing diploma, license, renewal license, or record; (2) assist another person in selling, ...
• Texas Occupations Code Section 301.4515 - Use Of Certain Nursing Titles
  Unless the person is practicing under the delegated authority of a registered nurse or is otherwise authorized by state or federal law, a person may ...
• Texas Occupations Code Section 301.452 - Grounds For Disciplinary Action
  (a) In this section, "intemperate use" includes practicing nursing or being on duty or on call while under the influence of alcohol or drugs. (b) ...
• Texas Occupations Code Section 301.453 - Disciplinary Authority Of Board; Methods Of Discipline
  (a) If the board determines that a person has committed an act listed in Section 301.452(b), the board shall enter an order imposing one or ...
• Texas Occupations Code Section 301.4535 - Required Suspension, Revocation, Or Refusal Of License For Certain Offenses
  (a) The board shall suspend a nurse's license or refuse to issue a license to an applicant on proof that the nurse or applicant has ...
• Texas Occupations Code Section 301.454 - Notice And Hearing
  (a) Except in the case of a temporary suspension authorized under Section 301.455 or an action taken in accordance with an agreement between the board ...
• Texas Occupations Code Section 301.455 - Temporary License Suspension Or Restriction
  (a) The license of a nurse shall be temporarily suspended or restricted on a determination by a majority of the board or a three-member committee ...
• Texas Occupations Code Section 301.456 - Evidence
  A certified copy of the order of the denial, suspension, or revocation or other action under Section 301.452(b)(8) is conclusive evidence of that action. Acts ...
• Texas Occupations Code Section 301.457 - Complaint And Investigation
  (a) The board or any person may initiate a proceeding under this subchapter by filing with the board a complaint against a nurse. The complaint ...
• Texas Occupations Code Section 301.458 - Initiation Of Formal Charges; Discovery
  (a) Unless there is an agreed disposition of the complaint under Section 301.463, and if probable cause is found under Section 301.457(e)(2), the board or ...
• Texas Occupations Code Section 301.459 - Formal Hearing
  (a) The board by rule shall adopt procedures under Chapter 2001, Government Code, governing formal disposition of a contested case. The State Office of Administrative ...
• Texas Occupations Code Section 301.460 - Access To Information
  (a) Except for good cause shown for delay and subject to any other privilege or restriction set forth by statute, rule, or legal precedent, the ...
• Texas Occupations Code Section 301.461 - Assessment Of Costs
  The board may assess a person who is found to have violated this chapter the administrative costs of conducting a hearing to determine the violation. ...
• Texas Occupations Code Section 301.462 - Voluntary Surrender Of License
  The board may revoke a nurse's license without formal charges, notice, or opportunity of hearing if the nurse voluntarily surrenders the nurse's license to the ...
• Texas Occupations Code Section 301.463 - Agreed Disposition
  (a) Unless precluded by this chapter or other law, the board may dispose of a complaint by: (1) stipulation; (2) agreed settlement; (3) agreed order; ...
• Texas Occupations Code Section 301.464 - Informal Proceedings
  (a) The board by rule shall adopt procedures governing: (1) informal disposition of a contested case under Section 2001.056, Government Code; and (2) an informal ...
• Texas Occupations Code Section 301.465 - Subpoenas; Request For Information
  (a) The board may request issuance of a subpoena to be served in any manner authorized by law, including personal service by a board investigator ...
• Texas Occupations Code Section 301.466 - Confidentiality
  (a) A complaint and investigation concerning a nurse under this subchapter and all information and material compiled by the board in connection with the complaint ...
• Texas Occupations Code Section 301.467 - Reinstatement
  (a) On application, the board may reinstate a license to practice professional nursing or vocational nursing to a person whose license has been revoked, suspended, ...
• Texas Occupations Code Section 301.468 - Probation
  (a) The board may determine that an order denying a license application or suspending a license be probated. A person subject to a probation order ...
• Texas Occupations Code Section 301.469 - Notice Of Final Action
  If the board takes a final disciplinary action, including a warning or reprimand, against a nurse under this subchapter, the board shall immediately send a ...
• Texas Occupations Code Section 301.501 - Imposition Of Penalty
  The board may impose an administrative penalty on a person licensed or regulated under this chapter who violates this chapter or a rule or order ...
• Texas Occupations Code Section 301.502 - Amount Of Penalty
  (a) The amount of the administrative penalty may not exceed $2,500 for each violation. Each day a violation continues or occurs is a separate violation ...
• Texas Occupations Code Section 301.503 - Report And Notice Of Violation And Penalty
  (a) If the executive director determines that a violation has occurred, the executive director may issue to the board a report stating: (1) the facts ...
• Texas Occupations Code Section 301.504 - Penalty To Be Paid Or Hearing Requested
  (a) Not later than the 20th day after the date the person receives the notice, the person may: (1) accept the executive director's determination and ...
• Texas Occupations Code Section 301.505 - Hearing
  (a) If the person requests a hearing or fails to respond in a timely manner to the notice, the executive director shall set a hearing ...
• Texas Occupations Code Section 301.506 - Decision By Board
  (a) Based on the findings of fact, conclusions of law, and proposal for decision, the board by order may: (1) find that a violation occurred ...
• Texas Occupations Code Section 301.507 - Options Following Decision: Pay Or Appeal
  (a) Not later than the 30th day after the date the board's order becomes final, the person shall: (1) pay the administrative penalty; (2) pay ...
• Texas Occupations Code Section 301.508 - Collection Of Penalty
  If the person does not pay the penalty and the enforcement of the penalty is not stayed, the executive director may refer the matter to ...
• Texas Occupations Code Section 301.509 - Determination By Court
  (a) If a 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 301.510 - Remittance Of Penalty And Interest
  (a) If after judicial review, the administrative penalty is reduced or not imposed by the court, the court shall, after the judgment becomes final: (1) ...
• Texas Occupations Code Section 301.511 - Administrative Procedure
  A proceeding under this subchapter is subject to Chapter 2001, Government Code. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. ...
• Texas Occupations Code Section 301.551 - Injunction
  (a) In addition to any other action authorized by law, the board may institute an action in its name to enjoin a violation of this ...
• Texas Occupations Code Section 301.552 - Monitoring Of License Holder
  The board by rule shall develop a system for monitoring the compliance of license holders with the requirements of this chapter. Rules adopted under this ...
• Texas Occupations Code Section 301.553 - Civil Penalty
  (a) A person who violates Section 301.451 or Section 301.251 is liable to the state for a civil penalty not to exceed $1,000 a day. ...
• Texas Occupations Code Section 301.554 - Criminal Penalty
  (a) A person commits an offense if the person violates Section 301.451 or Section 301.251. (b) An offense under Subsection (a) is a Class A ...
• Texas Occupations Code Section 301.555 - Appeal
  (a) A person against whom the board has taken adverse action under this chapter may appeal to a district court in the county of the ...
• Texas Occupations Code Section 301.601 - Definition
  In this subchapter, "outpatient setting" means a facility, clinic, center, office, or other setting that is not part of a licensed hospital or a licensed ...
• Texas Occupations Code Section 301.602 - Rules
  (a) The board by rule shall establish minimum standards for anesthesia services provided in an outpatient setting by a person licensed by the board. (b) ...
• Texas Occupations Code Section 301.603 - Applicability
  Rules adopted by the board under Section 301.602 do not apply to: (1) an outpatient setting in which only local anesthesia, peripheral nerve blocks, or ...
• Texas Occupations Code Section 301.604 - Registration Required
  (a) The board shall require each certified registered nurse anesthetist who provides anesthesia services in an outpatient setting to register biennially by applying to the ...
• Texas Occupations Code Section 301.605 - Compliance With Rules
  (a) A certified registered nurse anesthetist providing anesthesia services in an outpatient setting shall comply with the rules adopted by the board under Section 301.602. ...
• Texas Occupations Code Section 301.606 - Inspections
  (a) The board may conduct inspections to enforce this subchapter, including inspections of the equipment owned or leased by a certified registered nurse anesthetist and ...
• Texas Occupations Code Section 301.607 - Requests For Inspection And Advisory Opinions
  (a) The board may consider a request by a certified registered nurse anesthetist for an inspection of equipment owned or leased by the nurse anesthetist ...
• Texas Occupations Code Section 303.001 - Definitions
  In this chapter: (1) "Board" means the Board of Nurse Examiners. (2) "Nurse" means a registered nurse or a vocational nurse licensed under Chapter 301. ...
• Texas Occupations Code Section 303.002 - General Provisions Regarding Peer Review
  (a) Repealed by Acts 2003, 78th Leg., ch. 553, § 3.001. (b) The board shall enter into a memorandum of understanding with each state agency ...
• Texas Occupations Code Section 303.003 - Committee Membership
  (a) A nursing peer review committee must have nurses as three-fourths of its members. (b) A nursing peer review committee that conducts a peer review ...
• Texas Occupations Code Section 303.004 - Peer Review By Two Entities
  (a) A nurse who, as a temporary agency nurse, faculty member, or similar staff member, practices nursing for an educational institution, health care facility, agency, ...
• Texas Occupations Code Section 303.005 - Request For Peer Review Committee Determination
  (a) In this section, "duty to a patient" means conduct required by standards of practice or professional conduct adopted by the board for nurses. The ...
• Texas Occupations Code Section 303.006 - Confidentiality Of Peer Review Proceedings
  (a) Except as otherwise provided by this chapter, a nursing peer review committee proceeding is confidential and any communication made to a nursing peer review ...
• Texas Occupations Code Section 303.007 - Disclosure Of Information
  (a) A nursing peer review committee on request shall disclose written or oral communications made to the committee and the records and proceedings of the ...
• Texas Occupations Code Section 303.008 - Rebuttal Statement
  (a) If a nursing peer review committee makes an adverse finding against a nurse, the committee shall provide the nurse with a detailed description of ...
• Texas Occupations Code Section 303.009 - Retaliatory Actions
  (a) A nursing peer review committee, a person participating in peer review, or an organization named as a defendant in a civil action or subjected ...
• Texas Occupations Code Section 303.010 - Civil Liability
  (a) A cause of action does not accrue for an act, statement, determination, or recommendation made, or act reported, without malice, in the course of ...
• Texas Occupations Code Section 303.011 - Evaluation By Committee
  In evaluating a nurse's conduct, the nursing peer review committee shall review the evidence to determine the extent to which a deficiency in care by ...
• Texas Occupations Code Section 304.001 - Nurse Licensure Compact
  The Nurse Licensure Compact is enacted and entered into with all other jurisdictions that legally join in the compact, which is as follows: NURSE LICENSURE ...
• Texas Occupations Code Section 304.002 - Administration Of Compact
  The executive director of the Board of Nurse Examiners is the Nurse Licensure Compact administrator for this state. Added by Acts 2001, 77th Leg., ch. ...
• Texas Occupations Code Section 304.003 - Rules
  The Board of Nurse Examiners may adopt rules necessary to implement this chapter. Added by Acts 2001, 77th Leg., ch. 1420, § 14.130(a), eff. Sept. ...
• Texas Occupations Code Section 304.004 - General Provisions
  (a) The terms "nurse," "registered nurse," and "vocational nurse" include nurses licensed as registered nurses or vocational nurses by a state that is a party ...
• Texas Occupations Code Section 304.005 - Enforcement
  The Board of Nurse Examiners is the state agency responsible for taking action against registered and vocational nurses practicing in this state under a license ...
• Texas Occupations Code Section 304.006 - Information Maintained Under Compact
  (a) On request and payment of a reasonable fee, the Board of Nurse Examiners shall provide a registered or vocational nurse licensed by this state ...
• Texas Occupations Code Section 304.007 - Access To Practice-Related Information
  Practice-related information provided by the Board of Nurse Examiners to registered or vocational nurses licensed by this state shall be made available by the board ...
• Texas Occupations Code Section 304.008 - Disclosure Of Personal Information
  (a) In reporting information to the coordinated licensure information system under Article 7 of the Nurse Licensure Compact, the Board of Nurse Examiners may disclose ...
• Texas Occupations Code Section 304.009 - Withdrawal From Compact
  (a) The governor may withdraw this state from the Nurse Licensure Compact if the Board of Nurse Examiners notifies the governor that a state that ...
• Texas Occupations Code Section 351.001 - Short Title
  This chapter may be cited as the Texas Optometry Act. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. ...
• Texas Occupations Code Section 351.002 - Definitions
  In this chapter: (1) "Adnexa" means the lids and drainage system of the eye. (2) "Board" means the Texas Optometry Board. (3) "Dispensing optician" or ...
• Texas Occupations Code Section 351.003 - Reference In Other Law
  A reference in another law of this state or in a law of a subdivision of this state to "optometrist" means an optometrist or therapeutic ...
• Texas Occupations Code Section 351.004 - Sunset Provision
  The Texas Optometry 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 351.005 - Application Of Chapter; Exemptions
  (a) This chapter does not: (1) apply to an officer or agent of the United States or this state in performing official duties; (2) prevent ...
• Texas Occupations Code Section 351.051 - Texas Optometry Board; Membership
  (a) The Texas Optometry Board consists of nine members appointed by the governor with the advice and consent of the senate as follows: (1) six ...
• Texas Occupations Code Section 351.052 - Membership Eligibility
  (a) An optometrist or therapeutic optometrist member of the board must have been a resident of this state engaged in the practice of optometry or ...
• Texas Occupations Code Section 351.053 - Membership And Employee Restrictions; Conflicts Of Interest
  (a) A member or employee of the board may not: (1) be a member of the faculty of a college of optometry or an agent, ...
• Texas Occupations Code Section 351.054 - Terms
  (a) Members of the board serve staggered six-year terms. The terms of two optometrist or therapeutic optometrist members and one public member expire on January ...
• Texas Occupations Code Section 351.055 - Officers
  (a) The governor shall designate a member of the board as the presiding officer of the board to serve in that capacity at the pleasure ...
• Texas Occupations Code Section 351.056 - 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 351.057 - Per Diem; Reimbursement
  (a) A board member is entitled to a per diem as set by legislative appropriation for each day that the member engages in the business ...
• Texas Occupations Code Section 351.058 - Meetings
  (a) At least twice a year the board shall hold regular meetings. (b) The board shall hold special meetings on the request of five members ...
• Texas Occupations Code Section 351.0585 - Certain Reports Required At Regular Meetings
  The board shall receive a report regarding complaints at each board meeting. Added by Acts 2005, 79th Leg., ch. 101, § 1.006, eff. Sept. 1, ...
• Texas Occupations Code Section 351.059 - Training
  (a) The board shall establish a training program for the members of the board in consultation with the governor, the attorney general, and the Texas ...
• Texas Occupations Code Section 351.101 - Executive Director
  The board may employ an executive director as the executive head of the agency. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, ...
• Texas Occupations Code Section 351.103 - Staff Attorney
  The board is authorized to employ a staff attorney. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. ...
• Texas Occupations Code Section 351.104 - Other Personnel
  The board may employ personnel necessary to administer this chapter, including stenographers, secretaries, inspectors, and legal assistants. Acts 1999, 76th Leg., ch. 388, § 1, ...
• Texas Occupations Code Section 351.105 - 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 351.106 - 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 chapter; ...
• Texas Occupations Code Section 351.107 - Career Ladder Program; 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 ...
• Texas Occupations Code Section 351.108 - Equal Opportunity Policy; Report
  (a) The executive director or the executive director's designee shall prepare and maintain a written policy statement to ensure implementation of an equal opportunity program ...
• Texas Occupations Code Section 351.151 - Rules
  (a) The board by a majority vote of a quorum may adopt procedural and substantive rules. (b) The board may not adopt a substantive rule ...
• Texas Occupations Code Section 351.152 - Fees
  (a) The board shall set fees in amounts reasonable and necessary so that in the aggregate the fees produce sufficient revenue to cover the cost ...
• Texas Occupations Code Section 351.153 - Additional Fee
  (a) The fee for the issuance of a license under this chapter and the fee for the renewal of a license under this chapter are ...
• Texas Occupations Code Section 351.154 - Application Of Fees
  (a) Except as otherwise provided by this section, the board shall apply the funds realized from all fees payable under this chapter first to pay ...
• Texas Occupations Code Section 351.155 - Rules Restricting Advertising Or Competitive Bidding
  (a) The board may not adopt a rule restricting advertising or competitive bidding by a person regulated by the board except to prohibit a false, ...
• Texas Occupations Code Section 351.156 - 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 351.157 - Enforcement
  (a) The board, a committee of the board, or a member of the board or a committee may: (1) issue a subpoena or subpoena duces ...
• Texas Occupations Code Section 351.1575 - Inspection Of Premises And Review Of Records Authorized
  (a) The board, at any time and without notice during regular business hours, may: (1) enter and inspect a facility operated by a person engaged ...
• Texas Occupations Code Section 351.158 - Legal Representation
  (a) In a hearing before the board or in a suit in which the board is a party, the board may appoint the board's staff ...
• Texas Occupations Code Section 351.159 - Committee Appointments And Recommendations
  (a) The board may appoint committees from its own membership. (b) A committee shall consider any matter referred to the committee relating to the enforcement ...
• Texas Occupations Code Section 351.160 - Pharmaceutical Agents
  The board by rule shall designate classifications of pharmaceutical agents that therapeutic optometrists may use in the practice of therapeutic optometry as authorized by this ...
• Texas Occupations Code Section 351.161 - Seal; Design Of License
  The board shall adopt an official seal and a license of suitable design. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. ...
• Texas Occupations Code Section 351.162 - Office
  The board shall maintain an office in which it keeps all permanent records. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. ...
• Texas Occupations Code Section 351.163 - Board Records
  (a) The board shall keep a record of its proceedings. (b) The board may keep a record of any information the board wants to record. ...
• Texas Occupations Code Section 351.164 - 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 351.165 - Optometric Health Care Advisory Committee
  (a) The Optometric Health Care Advisory Committee consists of six members appointed as follows: (1) two members who are therapeutic optometrists, appointed by the board; ...
• Texas Occupations Code Section 351.166 - 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 351.167 - 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 351.168 - Technological Solutions Policy Required
  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 351.169 - Alternative Rulemaking And Dispute Resolution
  (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 351.201 - 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 351.202 - 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 351.203 - Complaints
  (a) The board by rule shall establish methods by which a consumer or service recipient is notified of the name, mailing address, and telephone number ...
• Texas Occupations Code Section 351.2035 - Complaints Resulting From Inspections
  (a) The board shall handle as a complaint any violation of this chapter or a rule adopted by the board that is discovered during an ...
• Texas Occupations Code Section 351.2036 - Procedure For Processing Complaints
  (a) The board may delegate to board staff the authority to dismiss or enter into an agreed settlement of a complaint that does not directly ...
• Texas Occupations Code Section 351.204 - Records Of Complaints
  (a) The board shall maintain a system to act promptly and efficiently on each complaint filed with the board. The board shall maintain information concerning: ...
• Texas Occupations Code Section 351.2045 - Confidentiality Of Investigation Files
  (a) The board's investigation files are confidential, privileged, and not subject to discovery, subpoena, or any other means of legal compulsion for release other than ...
• Texas Occupations Code Section 351.205 - General Rules Regarding Complaint Investigation And Disposition
  (a) The board shall adopt rules concerning the investigation of a complaint filed with the board. The rules adopted under this section must: (1) distinguish ...
• Texas Occupations Code Section 351.251 - License Required
  A person may not practice optometry or therapeutic optometry unless the person holds a license issued under this chapter. Acts 1999, 76th Leg., ch. 388, ...
• Texas Occupations Code Section 351.252 - Education Requirements For Therapeutic Optometrist
  (a) A person must satisfactorily complete the education requirements established by board rule to be licensed as a therapeutic optometrist. (b) The education necessary to ...
• Texas Occupations Code Section 351.253 - Examination Requirement For Therapeutic Optometrist
  A person must pass the examination given by the board to be licensed to practice therapeutic optometry in this state. Acts 1999, 76th Leg., ch. ...
• Texas Occupations Code Section 351.254 - Examination Application
  (a) An applicant is eligible to take the licensing examination if the applicant provides to the executive director, on a form provided by the board, ...
• Texas Occupations Code Section 351.255 - Conduct Of Examination
  (a) The board shall give an applicant notice of the date and place of the examination. The examination shall be given at least twice a ...
• Texas Occupations Code Section 351.256 - Examination Subjects
  (a) The examination must consist of written or practical tests in subjects regularly taught in recognized accredited colleges of optometry, including: (1) practical, theoretical, and ...
• Texas Occupations Code Section 351.257 - Examination Results
  (a) The board shall notify each examinee of the examination results not later than the 30th day after the date the examination is administered. If ...
• Texas Occupations Code Section 351.258 - Issuance Of License To Therapeutic Optometrist; Fee
  (a) The board shall: (1) register as qualified under this chapter an applicant who passes the examination and meets all board requirements; and (2) issue ...
• Texas Occupations Code Section 351.259 - Provisional License
  (a) The board shall issue a provisional license to practice optometry or therapeutic optometry to an applicant who: (1) is licensed in good standing as ...
• Texas Occupations Code Section 351.2595 - License Without Examination
  The board may issue a license to practice therapeutic optometry without requiring the applicant to pass all or part of the examination required by Section ...
• Texas Occupations Code Section 351.260 - Limited License For Clinical Faculty
  (a) The board by rule may issue a limited license to a full-time clinical faculty member of an institution of higher education of this state ...
• Texas Occupations Code Section 351.261 - Display Of License Or Certificate
  A person practicing optometry or therapeutic optometry in this state shall: (1) display the person's license or certificate in a conspicuous place in the principal ...
• Texas Occupations Code Section 351.262 - Information Presented To Patient
  (a) An optometrist or therapeutic optometrist shall, within a reasonable time after completing an examination of a patient, present to the patient a prescription, bill, ...
• Texas Occupations Code Section 351.263 - Lost Or Destroyed License
  The board shall issue a license under this chapter to a license holder whose license has been lost or destroyed on: (1) submission of an ...
• Texas Occupations Code Section 351.264 - Inactive Status
  The board by rule may provide for a license holder's license to be placed on inactive status. Acts 1999, 76th Leg., ch. 388, § 1, ...
• Texas Occupations Code Section 351.301 - Annual Renewal Certificate
  (a) A person required by this subchapter to hold an annual renewal certificate may not practice optometry or therapeutic optometry without the certificate. (b) A ...
• Texas Occupations Code Section 351.302 - License Renewal
  (a) The board by rule may adopt a system under which licenses expire on various dates during the year. The board shall adjust the final ...
• Texas Occupations Code Section 351.303 - Notice Of License Expiration
  Not later than the 30th day before the date a person's license is to expire, the board shall send written notice of the impending license ...
• Texas Occupations Code Section 351.304 - Procedure For Renewal
  (a) Not later than January 1 of each year or as otherwise provided under Section 351.302, an optometrist or therapeutic optometrist shall pay to the ...
• Texas Occupations Code Section 351.305 - Issuance Of Certificate
  On receipt of the required fees, the board shall issue an annual renewal certificate containing information from board records that the board considers necessary for ...
• Texas Occupations Code Section 351.306 - Renewal Of Expired License By Out-Of-State Practitioner
  (a) The board may renew without examination the expired license of a person who was licensed in this state, moved to another state, and is ...
• Texas Occupations Code Section 351.307 - Governmental Service, Training, Or Education
  An optometrist or therapeutic optometrist may obtain reinstatement of an expired license without paying a lapsed renewal fee or other fee and without passing an ...
• Texas Occupations Code Section 351.308 - Continuing Education
  (a) An optometrist or therapeutic optometrist must take annual courses in subjects relating to the use and application of scientific, technical, and clinical advances in ...
• Texas Occupations Code Section 351.309 - Continuing Education Exemptions
  A person is exempt from the continuing education requirements of Section 351.308 if the person: (1) holds a license but does not practice optometry or ...
• Texas Occupations Code Section 351.351 - License Holder Information
  (a) A license holder shall file with the board: (1) the license holder's mailing address; (2) the address of the license holder's residence; (3) the ...
• Texas Occupations Code Section 351.352 - Optometric Files And Records
  (a) All prescription files, patient records, and business records of an optometric practice are the sole property of the optometrist or therapeutic optometrist. (b) A ...
• Texas Occupations Code Section 351.353 - Initial Examination Of Patient
  To ensure adequate examination of a patient for whom an optometrist or therapeutic optometrist signs or causes to be signed an ophthalmic lens prescription, in ...
• Texas Occupations Code Section 351.354 - Certain Optometric Services Authorized
  An optometrist or therapeutic optometrist may: (1) perform: (A) vision therapy; (B) hand-eye coordination exercises; (C) visual training; and (D) developmental vision therapy; and (2) ...
• Texas Occupations Code Section 351.355 - Determining Or Measuring Vision
  In determining or measuring the powers of vision of the human eye, an optometrist or therapeutic optometrist may: (1) examine the eye to diagnose the ...
• Texas Occupations Code Section 351.356 - Fitting Lenses Or Prisms
  In fitting lenses or prisms, an optometrist or therapeutic optometrist may: (1) directly or indirectly prescribe or supply lenses or prisms; (2) make measurements involving ...
• Texas Occupations Code Section 351.357 - Fitting And Dispensing Contact Lenses
  (a) Contact lenses may be fitted only by an optometrist, therapeutic optometrist, or licensed physician. (b) An ophthalmic dispenser may dispense contact lenses on a ...
• Texas Occupations Code Section 351.358 - Ophthalmic Devices, Oral Medications, And Pharmaceutical Agents
  (a) An optometrist may not treat the eye for a defect or administer or prescribe a drug or physical treatment unless the optometrist is a ...
• Texas Occupations Code Section 351.3581 - Diagnosis And Treatment Of Glaucoma
  (a) A therapeutic optometrist may not administer or prescribe an oral or parenteral medication or treat glaucoma unless the therapeutic optometrist holds a certificate issued ...
• Texas Occupations Code Section 351.359 - Prescription
  (a) An ophthalmic lens prescription must include: (1) the signature of the optometrist or therapeutic optometrist; and (2) the information and parameters the optometrist or ...
• Texas Occupations Code Section 351.360 - Professional Standard Of Therapeutic Optometrist
  A therapeutic optometrist, including an optometric glaucoma specialist, is subject to the same standard of professional care and judgment as a person practicing as an ...
• Texas Occupations Code Section 351.361 - Lease; Payment Basis; Accounts Receivable
  (a) An optometrist or therapeutic optometrist may: (1) lease space from an establishment; (2) pay for franchise fees or other services on a percentage or ...
• Texas Occupations Code Section 351.362 - Professional Responsibility; Name Of Practice
  (a) An optometrist or therapeutic optometrist may practice under a trade name, an assumed name, or the name of a professional corporation or association. (b) ...
• Texas Occupations Code Section 351.363 - Mercantile Establishment
  (a) To safeguard the visual welfare of the public and the doctor-patient relationship, assign professional responsibility, establish standards of professional surroundings, more nearly secure to ...
• Texas Occupations Code Section 351.364 - Relationships With Dispensing Opticians
  (a) If an optometrist or therapeutic optometrist occupies space for the practice of optometry or therapeutic optometry on premises on which a person engages in ...
• Texas Occupations Code Section 351.365 - Patient Rights Regarding Spectacle Prescription
  (a) If, after examining a patient, an optometrist or therapeutic optometrist believes that lenses are required to correct or remedy a defect or abnormal condition ...
• Texas Occupations Code Section 351.366 - Authority To Form Certain Jointly Owned Entities
  (a) Except as provided by Section 351.361 or 351.457, an optometrist or therapeutic optometrist and a physician may, for the purposes described by Subsection (b), ...
• Texas Occupations Code Section 351.401 - Prohibited Offer, Representation, Or Designation
  Unless a person is licensed to practice under this chapter, the person may not: (1) offer to practice optometry or therapeutic optometry; (2) represent to ...
• Texas Occupations Code Section 351.402 - Impersonation Prohibited
  A person may not: (1) impersonate an optometrist or therapeutic optometrist or falsely assume another name; or (2) buy, sell, or fraudulently obtain an optometry ...
• Texas Occupations Code Section 351.403 - False, Deceptive, Or Misleading Advertising
  (a) A person may not publish or display, or cause or permit to be published or displayed, by any means, including by newspaper, radio, television, ...
• Texas Occupations Code Section 351.404 - Eyeglasses As Prize Or Inducement
  A person in this state may not give or deliver, or cause to be given or delivered, in any manner, eyeglasses as: (1) a prize ...
• Texas Occupations Code Section 351.405 - Alteration Of Prescription
  A person may not alter the specifications of an ophthalmic lens prescription without the prescribing doctor's consent. Acts 1999, 76th Leg., ch. 388, § 1, ...
• Texas Occupations Code Section 351.406 - Expired Contact Lens Prescription
  A person may not fill an expired contact lens prescription. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. ...
• Texas Occupations Code Section 351.407 - Governmental Discrimination Prohibited
  (a) A program supported by the state or by a political subdivision of the state may not discriminate against a health care practitioner because the ...
• Texas Occupations Code Section 351.408 - Control Of Optometry
  (a) This section and Sections 351.602(c)(2), 351.603(b), 351.604(3), and 351.605 shall be liberally construed to prevent manufacturers, wholesalers, and retailers of ophthalmic goods from controlling ...
• Texas Occupations Code Section 351.409 - Prohibited Activity By Unlicensed Person
  An unlicensed person may not engage in any activity prohibited by this chapter. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. ...
• Texas Occupations Code Section 351.451 - Prohibited Treatment By License Holder
  (a) An optometrist or therapeutic optometrist may not provide a person with treatment except as authorized by law. (b) An optometrist or therapeutic optometrist who ...
• Texas Occupations Code Section 351.452 - Prohibited Use Of Pharmaceutical Agent
  A therapeutic optometrist may not use a pharmaceutical agent not authorized by the board or by law. Acts 1999, 76th Leg., ch. 388, § 1, ...
• Texas Occupations Code Section 351.4521 - Performance Of Surgery Prohibited
  A therapeutic optometrist may not perform surgery or laser surgery. Added by Acts 2001, 77th Leg., ch. 1420, § 14.152(e), eff. Sept. 1, 2001. ...
• Texas Occupations Code Section 351.453 - Examination Required For Prescription
  An optometrist or therapeutic optometrist may not sign, or cause to be signed, an ophthalmic lens prescription without first personally examining the eyes of the ...
• Texas Occupations Code Section 351.454 - Contagious Or Infectious Disease
  (a) An optometrist or therapeutic optometrist may not practice optometry or therapeutic optometry while knowingly suffering from a contagious or infectious disease, as defined by ...
• Texas Occupations Code Section 351.455 - Practice Prohibited From House To House
  (a) A person may not practice optometry or therapeutic optometry from house to house or on the streets or highways, notwithstanding any laws for the ...
• Texas Occupations Code Section 351.456 - Practice Prohibited During License Suspension Or Revocation
  A person may not practice optometry or therapeutic optometry while the person's license is suspended or revoked. Acts 1999, 76th Leg., ch. 388, § 1, ...
• Texas Occupations Code Section 351.457 - Professional Responsibility; Fees
  (a) An optometrist or therapeutic optometrist may not directly or indirectly divide, share, split, or allocate a fee for optometric services or materials with: (1) ...
• Texas Occupations Code Section 351.458 - Professional Responsibility; Use Of Name Or Professional Identification
  (a) An optometrist or therapeutic optometrist may not use, or cause or allow to be used, the optometrist's or therapeutic optometrist's name or professional identification, ...
• Texas Occupations Code Section 351.459 - Mercantile Establishment; Prohibited Acts
  (a) This section applies to an optometrist or therapeutic optometrist who leases space from and practices optometry or therapeutic optometry on the premises of a ...
• Texas Occupations Code Section 351.460 - Relationships With Dispensing Opticians; Prohibited Acts
  (a) A person who is engaged in the business of a dispensing optician, other than an optometrist, therapeutic optometrist, or licensed physician, may not have: ...
• Texas Occupations Code Section 351.501 - Denial Of License And Disciplinary Action By Board
  (a) On the vote of five or more members, the board may refuse to issue a license to an applicant, revoke or suspend a license, ...
• Texas Occupations Code Section 351.5015 - Temporary Suspension Or Restriction Of License
  (a) The board shall appoint a three-member disciplinary panel consisting of board members to determine whether a license issued to a person under this chapter ...
• Texas Occupations Code Section 351.502 - Wilful Or Repeated Noncompliance
  (a) The board shall consider the wilful or repeated failure or refusal of an optometrist or therapeutic optometrist to comply with the requirements of Sections ...
• Texas Occupations Code Section 351.503 - Disciplinary Proceedings
  (a) A person may initiate disciplinary proceedings under Section 351.501 by filing a charge with the board in writing and under oath. (b) A person ...
• Texas Occupations Code Section 351.504 - Judicial Review
  A petition for judicial review of a board action may be filed in a district court in the county of residence of the person against ...
• Texas Occupations Code Section 351.505 - Reissuance Of License After Revocation
  (a) A person whose license has been revoked: (1) may not apply for reissuance under Subsection (b) before the first anniversary of the date of ...
• Texas Occupations Code Section 351.506 - Probation
  If a license suspension is probated, the board may require the license holder to: (1) report regularly to the board on matters that are the ...
• Texas Occupations Code Section 351.507 - Informal Proceedings; Informal Settlement Conference And Refunds
  (a) The board by rule shall adopt procedures governing: (1) informal disposition of a contested case under Section 2001.056, Government Code; and (2) an informal ...
• Texas Occupations Code Section 351.508 - Recusal Required
  A member of the board who reviews and investigates a complaint under Section 351.2036(c) or participates in an informal settlement conference under Section 351.507 may ...
• Texas Occupations Code Section 351.551 - Imposition Of Penalty
  The board may impose an administrative penalty on a person licensed or regulated under this chapter who violates this chapter or a rule or order ...
• Texas Occupations Code Section 351.552 - Amount Of Penalty
  (a) The amount of an administrative penalty may not exceed $2,500 for each violation. Each day a violation continues or occurs is a separate violation. ...
• Texas Occupations Code Section 351.553 - Report And Notice Of Violation And Penalty
  (a) If the executive director or a subcommittee of the board appointed for that purpose determines that a violation has occurred, the executive director or ...
• Texas Occupations Code Section 351.554 - Penalty To Be Paid Or Hearing Requested
  (a) Not later than the 20th day after the date the person receives the notice under Section 351.553, the person in writing may: (1) accept ...
• Texas Occupations Code Section 351.555 - Hearing On Recommendations
  (a) If the person requests a hearing or fails to respond in a timely manner to the notice, the executive director shall set a hearing ...
• Texas Occupations Code Section 351.556 - Decision By Board
  (a) Based on the findings of fact, conclusions of law, and proposal for decision, the board by order may determine that: (1) a violation occurred ...
• Texas Occupations Code Section 351.557 - Options Following Decision: Pay Or Appeal
  (a) Not later than the 30th day after the date the board's order becomes final, the person shall: (1) pay the administrative penalty; (2) pay ...
• Texas Occupations Code Section 351.558 - Collection Of Penalty
  If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the executive director may refer the matter ...
• Texas Occupations Code Section 351.559 - Determination By Court
  (a) If a 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 351.560 - Remittance Of Penalty And Interest
  (a) If after judicial review, the administrative penalty is reduced or not imposed by the court, the court shall, after the judgment becomes final: (1) ...
• Texas Occupations Code Section 351.561 - Administrative Procedure
  A proceeding under this subchapter is subject to Chapter 2001, Government Code. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. ...
• Texas Occupations Code Section 351.601 - Monitoring License Holder
  The board by rule shall develop a system for monitoring a license holder's compliance with the requirements of this chapter. Rules adopted under this section ...
• Texas Occupations Code Section 351.602 - Injunction; Damages
  (a) The board may sue in the board's own name to enjoin a violation of this chapter. This remedy is in addition to any other ...
• Texas Occupations Code Section 351.603 - Enforcement By Attorney General Or Board; Civil Penalty
  (a) The attorney general or board may institute an action in a district court in the county in which a violation of Section 351.251, 351.403, ...
• Texas Occupations Code Section 351.604 - Deceptive Trade Practices
  A violation of any of the following sections is actionable under Subchapter E, Chapter 17, Business & Commerce Code: (1) Section 351.251; (2) Section 351.403; ...
• Texas Occupations Code Section 351.605 - Lessee Entitled To Remedies
  A person injured as a result of a violation of Section 351.408, including an optometrist who is a lessee of a manufacturer, wholesaler, or retailer, ...
• Texas Occupations Code Section 351.606 - General Criminal Penalty
  (a) A person commits an offense if the person violates this chapter. (b) An offense under Subsection (a) is a misdemeanor punishable by: (1) a ...
• Texas Occupations Code Section 351.607 - Dispensing Contact Lenses; Penalty
  (a) A person commits an offense if the person dispenses a contact lens by mail or otherwise to a patient in this state without having ...
• Texas Occupations Code Section 351.608 - Cease And Desist Order
  (a) If it appears to the board that a person is engaging in an act or practice that constitutes the practice of optometry or therapeutic ...
• Texas Occupations Code Section 352.001 - Short Title
  This chapter may be cited as the Opticians' Registry Act. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. ...
• Texas Occupations Code Section 352.002 - Definitions
  In this chapter: (1) "Board" means the Texas Board of Health. (2) "Contact lens dispensing" means fabricating, ordering, mechanically adjusting, dispensing, selling, and delivering to ...
• Texas Occupations Code Section 352.003 - Effect Of Chapter
  (a) This chapter does not: (1) authorize a dispensing optician to perform an act on the optician's own authority that the optician is not otherwise ...
• Texas Occupations Code Section 352.051 - Administration Of Chapter
  The department shall administer this chapter. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. ...
• Texas Occupations Code Section 352.052 - Department Staff
  The department may employ administrative and clerical staff as necessary to carry out this chapter. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. ...
• Texas Occupations Code Section 352.053 - Rulemaking
  (a) The board shall adopt procedural rules to implement the registration procedures under this chapter. (b) The board may adopt substantive and procedural rules relating ...
• Texas Occupations Code Section 352.054 - Fees
  The board by rule shall prescribe fees in reasonable amounts sufficient to cover the costs of administering this chapter, including fees for: (1) an initial ...
• Texas Occupations Code Section 352.055 - Rules Regarding Advertising Or Competitive Bidding
  (a) The board may not adopt rules restricting advertising or competitive bidding by a registrant except to prohibit false, misleading, or deceptive practices. (b) In ...
• Texas Occupations Code Section 352.101 - Representation To Public
  (a) A person may not represent to the public that the person is a "Registered Dispensing Optician" or "Registered Spectacle Dispenser" unless the person is ...
• Texas Occupations Code Section 352.102 - Issuance Of Certificate; Qualifications
  (a) The department shall issue a certificate of registration to an applicant who: (1) applies and pays a registration fee; (2) presents evidence satisfactory to ...
• Texas Occupations Code Section 352.103 - Examinations
  (a) At least once a year, the department shall administer to applicants for certificates of registration a written qualifying spectacle dispensing examination and a written ...
• Texas Occupations Code Section 352.1031 - Notice Of Examination Results
  (a) Not later than the 30th day after the date a person takes a qualifying examination under this chapter, the department shall notify the person ...
• Texas Occupations Code Section 352.104 - Certificate Display; Surrender
  (a) A person issued a certificate of registration shall publicly display the certificate in an appropriate manner specified by board rule. (b) The certificate is ...
• Texas Occupations Code Section 352.151 - Term Of Certificate
  (a) A certificate of registration is valid for one year after the date of issuance. (b) The department shall adopt a system under which certificates ...
• Texas Occupations Code Section 352.152 - Renewal Of Certificate
  (a) To renew a certificate of registration, a person must submit an application for renewal in the manner prescribed by the board. (b) The application ...
• Texas Occupations Code Section 352.153 - Continuing Education
  (a) The board shall recognize, prepare, or administer continuing education programs for its registrants. A person registered under this chapter must participate in the programs ...
• Texas Occupations Code Section 352.154 - Renewal Of Expired Certificate By Out-Of-State Practitioner
  (a) A person who was registered in this state, moved to another state, and is currently licensed or registered and has been in practice in ...
• Texas Occupations Code Section 352.201 - Directions For Dispensing Optician
  A physician's directions, instructions, or orders may be performed or a physician's prescription may be filled by a registered dispensing optician who is separate from ...
• Texas Occupations Code Section 352.202 - Contact Lens Dispensing
  (a) A person registered under this chapter may not dispense contact lenses other than from a contact lens prescription that specifies that the prescription is ...
• Texas Occupations Code Section 352.203 - Delegation By Physician
  A registered contact lens dispenser may take measurements of the eye or cornea and evaluate the physical fit of lenses for a patient of a ...
• Texas Occupations Code Section 352.251 - Denial Of Certificate; Disciplinary Action
  The department shall deny an application for a certificate of registration, suspend or revoke a certificate of registration, or reprimand a person who is registered ...
• Texas Occupations Code Section 352.252 - Investigation
  The department shall investigate: (1) a person who engages in a practice that violates this chapter; and (2) each complaint filed with the department against ...
• Texas Occupations Code Section 352.2525 - Probation
  The board may place on probation a person whose certificate of registration is suspended. If the suspension is probated, the board may require the person ...
• Texas Occupations Code Section 352.253 - Hearing
  (a) A person whose application for a certificate of registration is denied, whose certificate of registration is suspended or revoked, or who is reprimanded is ...
• Texas Occupations Code Section 352.254 - Emergency Suspension
  (a) The department shall temporarily suspend the certificate of registration of a certificate holder if the department determines from the evidence or information presented to ...
• Texas Occupations Code Section 352.301 - Imposition Of Penalty
  The department may assess an administrative penalty against a person who violates this chapter or a rule adopted under this chapter. Acts 1999, 76th Leg., ...
• Texas Occupations Code Section 352.302 - Amount Of Penalty
  (a) The amount of the administrative penalty may not exceed $1,000 for each violation. Each day of a continuing violation is a separate violation. (b) ...
• Texas Occupations Code Section 352.303 - 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 give ...
• Texas Occupations Code Section 352.304 - Penalty To Be Paid Or Hearing Requested
  (a) Not later than the 20th day after the date the person receives the notice, the person may: (1) accept the department's determination and proposed ...
• Texas Occupations Code Section 352.305 - Hearing
  (a) If the person requests a hearing in a timely manner, the department shall: (1) set a hearing; (2) give written notice of the hearing ...
• Texas Occupations Code Section 352.306 - Decision By Board
  (a) Based on the findings of fact, conclusions of law, and proposal for decision, the commissioner of public health or the commissioner's designee by order ...
• Texas Occupations Code Section 352.307 - Options Following Decision: Pay Or Appeal
  (a) Not later than the 30th day after the date the order becomes final, the person shall: (1) pay the administrative penalty; (2) pay the ...
• Texas Occupations Code Section 352.308 - Determination By Court
  (a) If the court sustains the occurrence of the violation, the court may uphold or reduce the amount of the administrative penalty and order the ...
• Texas Occupations Code Section 352.309 - Remittance Of Penalty And Interest
  (a) If after judicial review, the administrative penalty is reduced or not imposed by the court, the court shall, after the judgment becomes final: (1) ...
• Texas Occupations Code Section 352.310 - Collection Of Penalty
  (a) In this section, "reasonable expenses and costs" includes expenses incurred by the department and the attorney general in the investigation, initiation, or prosecution of ...
• Texas Occupations Code Section 352.311 - Administrative Procedure
  A proceeding for the assessment of an administrative penalty under this subchapter is subject to Chapter 2001, Government Code. Acts 1999, 76th Leg., ch. 388, ...
• Texas Occupations Code Section 352.351 - Enforcement Proceedings; Injunction
  (a) The board, the attorney general, or the district or county attorney for the county in which an alleged violation of this chapter occurs shall, ...
• Texas Occupations Code Section 352.352 - Civil Penalty
  In addition to any other remedy provided by law, including injunctive relief, a court may impose a civil penalty for a violation of this chapter ...
• Texas Occupations Code Section 352.353 - Criminal Penalty
  (a) A person commits an offense if the person violates this chapter. (b) An offense under this section is a Class B misdemeanor. Acts 1999, ...
• Texas Occupations Code Section 353.001 - Short Title
  This chapter may be cited as the Contact Lens Prescription Act. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. ...
• Texas Occupations Code Section 353.002 - Definitions
  In this chapter: (1) "Board" means the executive commissioner of the Health and Human Services Commission or the Department of State Health Services, as consistent ...
• Texas Occupations Code Section 353.003 - Effect Of Chapter
  This chapter does not prevent or restrict a physician from: (1) treating or prescribing for a patient; or (2) directing or instructing a person under ...
• Texas Occupations Code Section 353.004 - Public Information On Prescription Release
  (a) The board and the Texas Optometry Board shall prepare and provide to the public and appropriate state agencies information regarding the release and verification ...
• Texas Occupations Code Section 353.005 - Rules
  (a) The executive commissioner of the Health and Human Services Commission shall adopt rules, including rules that require a person dispensing contact lenses to maintain ...
• Texas Occupations Code Section 353.051 - Contact Lens Dispenser
  Contact lenses may be dispensed only by: (1) a physician, optometrist, therapeutic optometrist, or pharmacist; (2) an employee of a physician, optometrist, therapeutic optometrist, or ...
• Texas Occupations Code Section 353.052 - Contact Lens Dispensing By Business Entity
  (a) A business entity that dispenses contact lenses to a person in this state: (1) must obtain a contact lens dispensing permit in the entity's ...
• Texas Occupations Code Section 353.053 - Requirements For Permit Issuance
  The board shall issue a contact lens dispensing permit to an applicant who: (1) agrees in writing to comply with state and federal laws and ...
• Texas Occupations Code Section 353.054 - Term Of Permit
  (a) A contact lens dispensing permit issued under this subchapter is valid for one year. (b) The board may temporarily extend or shorten the term ...
• Texas Occupations Code Section 353.055 - Permit Renewal
  (a) To renew a contact lens dispensing permit, a permit holder must apply in the manner prescribed by board rule and pay the permit fee. ...
• Texas Occupations Code Section 353.056 - Annual Permit Fee
  (a) The board may adopt annual permit fees in amounts reflecting the cost of administering the provisions of this chapter relating to regulating permit holders. ...
• Texas Occupations Code Section 353.101 - Prohibited Selling Or Dispensing
  (a) A person, other than the prescribing physician, optometrist, or therapeutic optometrist, may not fill a contact lens prescription or sell or dispense contact lenses ...
• Texas Occupations Code Section 353.1015 - Verification Procedure
  (a) When seeking verification of a contact lens prescription, a person dispensing contact lenses shall provide the prescribing physician, optometrist, or therapeutic optometrist with the ...
• Texas Occupations Code Section 353.102 - Accuracy Required
  A person who dispenses contact lenses under this chapter from a contact lens prescription shall fill the prescription accurately subject to Section 353.103. Acts 1999, ...
• Texas Occupations Code Section 353.103 - Authorized Modification Of Prescription
  (a) If a patient presents a contact lens prescription to be filled or asks a permit holder to verify a contact lens prescription under Section ...
• Texas Occupations Code Section 353.104 - Emergency Refill
  (a) If a patient needs an emergency refill of the patient's contact lens prescription, a physician, optometrist, or therapeutic optometrist may telephone or fax the ...
• Texas Occupations Code Section 353.105 - Alteration Of Prescription Prohibited
  (a) Except as provided by Subsection (b) and Section 353.103, a person dispensing contact lenses may not alter a contact lens prescription. (b) A person ...
• Texas Occupations Code Section 353.151 - Directions For Independent Optician; Delegation
  (a) If a physician's directions, instructions, or orders are to be performed or a physician's prescription is to be filled by an optician who is ...
• Texas Occupations Code Section 353.152 - Requirements For Contact Lens Prescription
  (a) A contact lens prescription must contain, at a minimum: (1) the patient's name; (2) the date the prescription was issued; (3) the manufacturer of ...
• Texas Occupations Code Section 353.153 - Term Of Prescription
  A physician, optometrist, or therapeutic optometrist may not issue a contact lens prescription that expires before the first anniversary of the date the patient's prescription ...
• Texas Occupations Code Section 353.154 - Short-Term Prescription
  If a physician, optometrist, or therapeutic optometrist writes a contact lens prescription for a period of less than one year, the physician, optometrist, or therapeutic ...
• Texas Occupations Code Section 353.155 - Extension Of Prescription
  (a) A physician, optometrist, or therapeutic optometrist may extend the expiration date for a contact lens prescription without completing another eye examination. (b) On request ...
• Texas Occupations Code Section 353.156 - Patient Access To Prescription; Timing
  (a) A physician, optometrist, or therapeutic optometrist who performs an eye examination and fits a patient for contact lenses shall: (1) prepare and give a ...
• Texas Occupations Code Section 353.157 - Limitations On Or Refusal To Give Prescription
  (a) A physician, optometrist, or therapeutic optometrist may exclude categories of contact lenses from a contact lens prescription if the exclusion is clinically indicated. (b) ...
• Texas Occupations Code Section 353.158 - Prohibited Action By Physician, Optometrist, Or Therapeutic Optometrist
  A physician, optometrist, or therapeutic optometrist may not: (1) charge a patient a fee in addition to or as part of the examination fee and ...
• Texas Occupations Code Section 353.159 - Waiver Or Disclaimer Of Liability Prohibited
  A contact lens prescription may not contain, and a physician, optometrist, or therapeutic optometrist may not require a patient to sign, a form or notice ...
• Texas Occupations Code Section 353.201 - Liability For Use Of Prescription
  A physician, optometrist, or therapeutic optometrist is not liable for a patient's subsequent use of a contact lens prescription if: (1) the physician, optometrist, or ...
• Texas Occupations Code Section 353.202 - Disciplinary Action
  The board may suspend or revoke a person's contact lens dispensing permit or place the permit holder on probation for a violation of this chapter. ...
• Texas Occupations Code Section 353.2025 - Emergency Suspension
  (a) The department shall temporarily suspend the permit of a permit holder if the department determines from the evidence or information presented to it that ...
• Texas Occupations Code Section 353.203 - Separate Violations
  A course of conduct that involves more than one prescription is a separate violation for each prescription dispensed in violation of this chapter. Acts 1999, ...
• Texas Occupations Code Section 353.204 - Enforcement Proceedings
  (a) The appropriate regulatory agency, the attorney general, or the district or county attorney for the county in which an alleged violation of this chapter ...
• Texas Occupations Code Section 353.205 - Administrative Penalty
  The board may impose an administrative penalty of not more than $1,000 for a violation of this chapter. Acts 1999, 76th Leg., ch. 388, § ...
• Texas Occupations Code Section 353.206 - Civil Penalty
  In addition to granting injunctive or other relief provided by law, a court may impose a civil penalty for a violation of this chapter or ...
• Texas Occupations Code Section 353.207 - Criminal Penalty
  (a) A person commits an offense if the person violates this chapter. (b) An offense under this section is a Class B misdemeanor. Acts 1999, ...
• Texas Occupations Code Section 401.001 - Definitions
  In this chapter: (1) "Audiologist" means a person who meets the qualifications of this chapter to practice audiology. (2) "Audiology" means the application of nonmedical ...
• Texas Occupations Code Section 401.002 - Application Of Sunset Act
  The State Board of Examiners for Speech-Language Pathology and Audiology is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as ...
• Texas Occupations Code Section 401.051 - Physicians
  (a) This chapter does not prevent or restrict a physician from engaging in the practice of medicine in this state. (b) This chapter does not ...
• Texas Occupations Code Section 401.052 - Nurses
  This chapter does not prevent or restrict a communication, speech, language, or hearing screening, as defined by board rule, from being conducted by a registered ...
• Texas Occupations Code Section 401.053 - Persons Trained By Department
  (a) This chapter does not apply to a person who shows evidence of having received training by the department in a communication, speech, language, or ...
• Texas Occupations Code Section 401.054 - Persons Certified By Texas Education Agency
  (a) This chapter does not prevent or restrict the activities and services or the use of an official title by a person who is certified ...
• Texas Occupations Code Section 401.055 - University Or College Teachers
  This chapter does not restrict the use of an official title by a person teaching in a university or college training program, if the person: ...
• Texas Occupations Code Section 401.056 - Students
  This chapter does not restrict the activities and services of a student pursuing a course of study leading to a degree in speech-language pathology or ...
• Texas Occupations Code Section 401.057 - Hearing Conservation Program
  This chapter does not prevent a person in an industrial setting from engaging in hearing testing as a part of a hearing conservation program in ...
• Texas Occupations Code Section 401.058 - Application To Hearing Instrument Fitters And Dispensers
  (a) This chapter does not prevent or restrict a person licensed under Chapter 402 from engaging in the practice of fitting and dispensing hearing instruments. ...
• Texas Occupations Code Section 401.059 - Application To Other Licensed Professionals
  This chapter does not prevent a person licensed in this state under another law from engaging in the profession for which the person is licensed. ...
• Texas Occupations Code Section 401.060 - Medical Practice
  This chapter does not permit a person to perform an act that violates Subtitle B. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. ...
• Texas Occupations Code Section 401.101 - Board Within Health Department
  The State Board of Examiners for Speech-Language Pathology and Audiology is within the Texas Department of Health. Acts 1999, 76th Leg., ch. 388, § 1, ...
• Texas Occupations Code Section 401.102 - Board Membership
  (a) The board consists of nine members appointed by the governor as follows: (1) three audiologist members; (2) three speech-language pathologist members; and (3) three ...
• Texas Occupations Code Section 401.103 - Eligibility Of Public Members
  The two public members of the board who are not physicians may not: (1) be licensed by an occupational regulatory agency in the field of ...
• Texas Occupations Code Section 401.104 - Membership Restrictions
  (a) A board member may not be related within the second degree by consanguinity or affinity, as determined under Subchapter B, Chapter 573, Government Code, ...
• Texas Occupations Code Section 401.105 - Terms
  (a) Members are appointed for staggered six-year terms. The terms of three members expire September 1 of each odd-numbered year. (b) A person may not ...
• Texas Occupations Code Section 401.106 - Compensation; Per Diem
  (a) A board member may not receive compensation for the member's services. (b) A member is entitled to a per diem and travel allowance for ...
• Texas Occupations Code Section 401.107 - Board Officers
  (a) The board shall organize itself annually and select a presiding officer, assistant presiding officer, and secretary-treasurer. (b) The presiding officer must hold a license ...
• Texas Occupations Code Section 401.108 - Meetings
  (a) The board shall hold at least two regular meetings each year. (b) Additional meetings may be held at the call of the presiding officer ...
• Texas Occupations Code Section 401.151 - Employees
  The department shall provide administrative and clerical employees necessary to administer this chapter. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. ...
• Texas Occupations Code Section 401.152 - Division Of Responsibilities
  The board shall develop and implement policies that clearly define the respective responsibilities of the board and the staff of the board. Acts 1999, 76th ...
• Texas Occupations Code Section 401.201 - General Powers And Duties
  (a) With the assistance of the department, the board shall: (1) administer, coordinate, and enforce this chapter; (2) evaluate the qualifications of license applicants; (3) ...
• Texas Occupations Code Section 401.202 - Rulemaking Authority
  The board shall adopt rules necessary to administer and enforce this chapter, including rules that establish standards of ethical practice. Acts 1999, 76th Leg., ch. ...
• Texas Occupations Code Section 401.203 - Board Duties Regarding Complaints
  (a) The board by rule shall adopt a form to standardize information concerning complaints made to the board. (b) The board by rule shall prescribe ...
• Texas Occupations Code Section 401.204 - Fees
  (a) The board by rule shall establish fees in amounts reasonable and necessary so that the fees in the aggregate are sufficient to cover the ...
• Texas Occupations Code Section 401.205 - Seal
  The board shall adopt a seal to authenticate its proceedings. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. ...
• Texas Occupations Code Section 401.206 - Legal Representation
  The board shall be represented by the attorney general and the district and county attorneys of this state. Acts 1999, 76th Leg., ch. 388, § ...
• Texas Occupations Code Section 401.207 - Training
  Each board member shall comply with the board member training requirements established by any other state agency authorized to establish the requirements for the board. ...
• Texas Occupations Code Section 401.251 - Complaints
  The board shall list with its regular telephone number any toll-free telephone number established under other state law that may be called to present a ...
• Texas Occupations Code Section 401.252 - Records Of Complaints
  (a) The board shall keep an information file about each complaint filed with the board. The file must be current and contain a record for ...
• Texas Occupations Code Section 401.253 - General Rules Regarding Complaint Investigation And Disposition
  (a) The board shall adopt rules concerning the investigation of a complaint filed with the board. The rules must: (1) distinguish among categories of complaints; ...
• Texas Occupations Code Section 401.2535 - Complaint Investigation; Subpoena
  (a) In an investigation of a complaint filed with the board, the board may request that the commissioner of public health or the commissioner's designee ...
• Texas Occupations Code Section 401.254 - 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 401.301 - License Required
  A person may not practice speech-language pathology or audiology or represent that the person is a speech-language pathologist or audiologist in this state unless the ...
• Texas Occupations Code Section 401.302 - Issuance Of License
  (a) The board shall issue a license to an applicant who meets the requirements of this chapter and who pays to the board the initial ...
• Texas Occupations Code Section 401.303 - License Application
  (a) A person who desires a license under this chapter must apply to the board on a form and in the manner the board prescribes. ...
• Texas Occupations Code Section 401.304 - Applicant Eligibility
  (a) To be eligible for licensing as a speech-language pathologist or audiologist, an applicant must: (1) possess at least a master's degree with a major ...
• Texas Occupations Code Section 401.305 - Examination
  (a) To obtain a license, an applicant must: (1) pass a validated examination approved by the board; and (2) pay fees in a manner prescribed ...
• Texas Occupations Code Section 401.306 - Examination Results
  (a) The board shall notify each examinee of the results of the examination not later than the 30th day after the date the examination is ...
• Texas Occupations Code Section 401.307 - Reexamination
  (a) A person who fails the examination may take a subsequent examination on payment of a nonrefundable fee for the subsequent examination. (b) An applicant ...
• Texas Occupations Code Section 401.308 - Provisional License; Certificate Of Clinical Competence Waiver
  (a) The board may grant a provisional license to an applicant who: (1) is licensed in good standing as a speech-language pathologist or an audiologist ...
• Texas Occupations Code Section 401.309 - Temporary License
  The board by rule may provide for the issuance of a temporary license. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. ...
• Texas Occupations Code Section 401.310 - Temporary Certificate Of Registration
  (a) The board shall issue a temporary certificate of registration to an applicant who: (1) satisfies the requirements of Section 401.304; (2) has not previously ...
• Texas Occupations Code Section 401.311 - Intern License
  (a) A license applicant who has completed only the requirements of Sections 401.304(a)(1)-(4) may be licensed as an intern under this chapter. (b) An applicant ...
• Texas Occupations Code Section 401.312 - Licensed Assistants
  (a) The board may establish minimum qualifications for licensed assistants in speech-language pathology and in audiology. (b) A licensed assistant in speech-language pathology or in ...
• Texas Occupations Code Section 401.313 - Inactive Status
  (a) The board by rule may provide for a license holder to be placed on inactive status. (b) Rules adopted under this section must include ...
• Texas Occupations Code Section 401.314 - Limited License To Practice In Public Schools
  (a) The board shall waive the licensing requirements under this chapter and issue a limited license to practice in the public schools as a fully ...
• Texas Occupations Code Section 401.351 - Expiration
  (a) The board 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 401.352 - License Renewal
  (a) Each licensed speech-language pathologist or audiologist must annually pay the nonrefundable fee for license renewal. The board shall allow a 60-day grace period. After ...
• Texas Occupations Code Section 401.353 - Renewal Of Expired License By Out-Of-State Practitioner
  (a) The board may renew without reexamination an expired license of a person who was licensed in this state within the three years preceding application ...
• Texas Occupations Code Section 401.354 - Medical Hardship
  The board may adopt rules concerning the reinstatement of a license in a case of medical hardship. Acts 1999, 76th Leg., ch. 388, § 1, ...
• Texas Occupations Code Section 401.355 - Continuing Education
  (a) The board shall establish uniform mandatory continuing education requirements. A license holder may not renew the person's license unless the person meets the continuing ...
• Texas Occupations Code Section 401.401 - Audiometric Testing
  (a) If audiometric testing is not conducted in a stationary acoustical enclosure, sound-level measurements must be conducted at the time of the testing to ensure ...
• Texas Occupations Code Section 401.402 - Practice By Speech-Language Pathologists
  (a) A speech-language pathologist may perform basic audiometric screening tests and aural habilitation or rehabilitation. (b) A person licensed as a speech-language pathologist under this ...
• Texas Occupations Code Section 401.403 - Practice By Audiologists
  (a) An audiologist may: (1) engage in any act necessary to: (A) evaluate hearing; (B) train in the use of amplification, including hearing instruments; (C) ...
• Texas Occupations Code Section 401.404 - Hearing Instrument Sales To Minors
  A licensed audiologist may not sell a hearing instrument to a person under 18 years of age unless the person or the parent or guardian ...
• Texas Occupations Code Section 401.451 - Grounds For License Denial And Disciplinary Action
  (a) After a hearing, the board may deny a license to an applicant or may suspend or revoke a person's license or place on probation ...
• Texas Occupations Code Section 401.452 - Monitoring Of License Holder
  (a) The board by rule shall develop a system for monitoring a license holder's compliance with this chapter. (b) Rules adopted under this section must ...
• Texas Occupations Code Section 401.453 - License Denial, Revocation, Or Suspension For Criminal Conviction
  (a) The board may deny a license or may suspend or revoke a license if the applicant or license holder has been convicted of a ...
• Texas Occupations Code Section 401.454 - Administrative Procedure
  (a) Except as provided by this subchapter, a proceeding to deny a license application or to take disciplinary action against a license holder is subject ...
• Texas Occupations Code Section 401.455 - Informal Procedures
  (a) The board by rule shall adopt procedures governing: (1) informal disposition of a contested case under Section 2001.056, Government Code; and (2) informal proceedings ...
• Texas Occupations Code Section 401.456 - Schedule Of Sanctions
  The board shall use the schedule of sanctions adopted by board rule for any sanction imposed as the result of a hearing conducted by the ...
• Texas Occupations Code Section 401.457 - Reinstatement
  (a) A person may apply for reinstatement of a revoked license on or after the first anniversary of the date of revocation. (b) The board ...
• Texas Occupations Code Section 401.458 - Probation
  The board may require a license holder whose license suspension is probated to: (1) report regularly to the board on matters that are the basis ...
• Texas Occupations Code Section 401.459 - Reprimand; Continuing Education
  (a) In addition to other disciplinary action authorized by this subchapter, the board may: (1) issue a written reprimand to a license holder who violates ...
• Texas Occupations Code Section 401.460 - Emergency Suspension
  (a) The board or a three-member committee of board members designated by the board shall temporarily suspend the license of a license holder if the ...
• Texas Occupations Code Section 401.501 - Deceptive Trade Practice
  A violation of Section 401.301 is a deceptive trade practice. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. ...
• Texas Occupations Code Section 401.502 - Injunction
  The board may apply to a district court in any county for an injunction or another order to restrain the violation of this chapter by ...
• Texas Occupations Code Section 401.503 - Criminal Offense
  (a) A person commits an offense if the person violates this chapter. (b) An offense under this section is a misdemeanor punishable by: (1) confinement ...
• Texas Occupations Code Section 401.551 - Imposition Of Administrative Penalty
  The board 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 401.552 - 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 401.553 - Report And Notice Of Violation And Penalty
  (a) If the commissioner of public health or the commissioner's designee determines that a violation occurred, the commissioner or the designee may issue to the ...
• Texas Occupations Code Section 401.554 - Penalty To Be Paid Or Hearing Requested
  (a) Within 10 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 401.555 - Hearing
  (a) If the person requests a hearing or fails to respond in a timely manner to the notice, the commissioner of public health or the ...
• Texas Occupations Code Section 401.556 - Decision By Board
  (a) Based on the findings of fact, conclusions of law, and proposal for decision, the board by order may determine that: (1) a violation occurred ...
• Texas Occupations Code Section 401.557 - Options Following Decision: Pay Or Appeal
  (a) Within 30 days after the date the board's order becomes final, the person shall: (1) pay the administrative penalty; or (2) file a petition ...
• Texas Occupations Code Section 401.558 - 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 401.559 - 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 401.560 - 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 401.561 - Administrative Procedure
  A proceeding under this subchapter is a contested case under Chapter 2001, Government Code. Added by Acts 2003, 78th Leg., ch. 326, § 5, eff. ...
• Texas Occupations Code Section 402.001 - Definitions
  In this chapter: (1) "Board" means the Texas Board of Health. (2) "Committee" means the State Committee of Examiners in the Fitting and Dispensing of ...
• Texas Occupations Code Section 402.002 - Application Of Sunset Act
  The State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued ...
• Texas Occupations Code Section 402.003 - Applicability Of Chapter; Exemptions
  (a) This chapter does not apply to: (1) a person engaged in the practice of measuring human hearing as a part of the academic curriculum ...
• Texas Occupations Code Section 402.051 - Committee; Membership
  (a) The State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments is part of the department and consists of nine members appointed ...
• Texas Occupations Code Section 402.052 - Public Member Eligibility
  A person is not eligible for appointment as a public member of the committee if the person or the person's spouse: (1) is licensed by ...
• Texas Occupations Code Section 402.053 - Membership And Employee Restrictions
  (a) An officer, employee, or paid consultant of a statewide or national trade association in the hearing instrument industry may not be a member or ...
• Texas Occupations Code Section 402.054 - Official Oath
  Each person appointed to the committee shall take the constitutional oath of office not later than the 15th day after the date of appointment. Acts ...
• Texas Occupations Code Section 402.055 - Terms; Vacancies
  (a) Members of the committee serve staggered six-year terms. (b) A member who has served two full consecutive terms on the committee is not eligible ...
• Texas Occupations Code Section 402.056 - Grounds For Removal
  (a) It is a ground for removal from the committee that a member: (1) does not have at the time of appointment the qualifications required ...
• Texas Occupations Code Section 402.057 - Officers
  (a) The committee shall elect a president and vice president. (b) The term of office as an officer of the committee is one year. Acts ...
• Texas Occupations Code Section 402.058 - Meetings
  (a) The committee shall hold regular meetings at least twice a year. (b) A special meeting of the committee shall be held at the call ...
• Texas Occupations Code Section 402.059 - Committee Employees
  The department shall provide administrative and clerical employees necessary to implement this chapter. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. ...
• Texas Occupations Code Section 402.060 - Seal Of Committee
  The committee shall adopt a seal and use the seal to authenticate its proceedings. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, ...
• Texas Occupations Code Section 402.061 - Application Of Administrative Procedure Act
  The committee is subject to Chapters 2001 and 2002, Government Code. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. ...
• Texas Occupations Code Section 402.101 - General Powers And Duties
  With the assistance of the department, the committee shall: (1) administer, coordinate, and enforce this chapter; (2) evaluate the qualifications of applicants; (3) examine applicants; ...
• Texas Occupations Code Section 402.102 - Rules
  (a) Subject to the approval of the board, the committee may adopt procedural rules as necessary for the performance of the committee's duties. (b) A ...
• Texas Occupations Code Section 402.103 - Rules Restricting Advertising Or Competitive Bidding
  (a) The committee may not adopt rules restricting advertising or competitive bidding by a person regulated by the committee except to prohibit false, misleading, or ...
• Texas Occupations Code Section 402.104 - Powers And Duties Regarding Examination
  (a) The committee shall administer or arrange for the administration of a written examination. (b) The examination shall be administered at least twice each year. ...
• Texas Occupations Code Section 402.105 - Subcommittees
  From its members the committee may appoint subcommittees to consider matters referred by the committee pertaining to the enforcement of this chapter. The subcommittees shall ...
• Texas Occupations Code Section 402.106 - Fees And Expenses
  (a) The committee by rule shall adopt fees in amounts reasonable and necessary so that the fees, in the aggregate, produce sufficient revenue to cover ...
• Texas Occupations Code Section 402.151 - Public Interest Information
  (a) The committee shall prepare information of consumer interest describing the regulatory functions of the committee and the committee's procedures by which consumer complaints are ...
• Texas Occupations Code Section 402.152 - Complaints
  (a) Each license or permit holder under this chapter shall at all times prominently display in the person's place of business a sign containing: (1) ...
• Texas Occupations Code Section 402.153 - Records Of Complaints
  (a) The committee shall keep an information file about each complaint filed with the committee relating to a license or permit holder. (b) If a ...
• Texas Occupations Code Section 402.154 - Complaint Investigation; Subpoena
  (a) In an investigation of a complaint filed with the committee, the committee may request that the commissioner of public health or the commissioner's designee ...
• Texas Occupations Code Section 402.201 - License Or Permit Required
  A person may not represent that the person is authorized to fit and dispense hearing instruments, or use in connection with the person's name any ...
• Texas Occupations Code Section 402.202 - Examination Required
  (a) To engage in fitting and dispensing hearing instruments in this state a person must pass an examination given by the committee. (b) A person ...
• Texas Occupations Code Section 402.203 - Application For Examination
  (a) An applicant for examination must: (1) apply to the committee on a form provided by the committee; (2) provide on the form: (A) sworn ...
• Texas Occupations Code Section 402.204 - Contents Of Examination
  (a) The examination must consist of written, oral, or practical tests that are objective in method and applied in a consistent manner. (b) The examination ...
• Texas Occupations Code Section 402.205 - Examination Procedures
  (a) The committee shall give each applicant due notice of the date and place of the examination and the subjects, areas, and skills that will ...
• Texas Occupations Code Section 402.206 - Notice Of Examination Results
  (a) Not later than the 30th day after the examination date, the committee shall notify each examinee of the results of the examination. If an ...
• Texas Occupations Code Section 402.207 - Issuance Of Apprentice Permit
  (a) The committee shall issue an apprentice permit to fit and dispense hearing instruments to a temporary training permit holder who has: (1) passed all ...
• Texas Occupations Code Section 402.208 - Issuance Of License
  The committee shall issue a hearing instrument dispenser's license to an apprentice permit holder when the committee has received sufficient evidence that the apprentice permit ...
• Texas Occupations Code Section 402.209 - Licensing By Reciprocity
  (a) On application, the committee shall waive the examination requirement and issue a license under this chapter to a license holder from another state or ...
• Texas Occupations Code Section 402.251 - Temporary Training Permit Qualifications
  The committee shall issue a temporary training permit to a person who: (1) has never taken the examination administered under this chapter; (2) possesses the ...
• Texas Occupations Code Section 402.252 - Supervision Affidavit
  (a) An application for a temporary training permit must be accompanied by the affidavit of a person licensed to fit and dispense hearing instruments in ...
• Texas Occupations Code Section 402.253 - Expiration Of Temporary Training Permit
  (a) A temporary training permit authorizes the permit holder to fit and dispense hearing instruments until the earlier of: (1) the date the permit expires; ...
• Texas Occupations Code Section 402.254 - Guidelines For Training Of Temporary Training Permit Holders
  (a) The committee shall establish formal and practical education guidelines for the training of temporary training permit holders. (b) The guidelines must include directions to ...
• Texas Occupations Code Section 402.255 - Supervisor Requirements
  (a) A supervisor of a temporary training permit holder must be a licensed hearing instrument dispenser having the qualifications established by this chapter and: (1) ...
• Texas Occupations Code Section 402.256 - Authority Of Temporary Training Permit Holder
  (a) A temporary training permit holder may provide routine fitting and dispensing of hearing instruments that has been ordered by the supervisor. The supervisor is ...
• Texas Occupations Code Section 402.257 - Transfer To Another Supervisor
  (a) On the request of a supervisor or temporary training permit holder, the committee may approve a transfer of a permit holder from the permit ...
• Texas Occupations Code Section 402.301 - License Renewal
  (a) A license under this chapter is valid for one year. The committee shall renew the license annually on payment of the renewal fee unless ...
• Texas Occupations Code Section 402.302 - Certification Of Testing Equipment
  The committee may not renew a license unless the license holder provides certification that all portable and stationary testing equipment used by the license holder ...
• Texas Occupations Code Section 402.303 - Continuing Education
  (a) The committee by rule shall adopt requirements for the continuing education of a license holder, including a requirement that a license holder complete 20 ...
• Texas Occupations Code Section 402.304 - Alternatives To Continuing Education Requirement
  (a) On written request to the committee, a license holder may take the state examination given by the committee. A license holder who pays the ...
• Texas Occupations Code Section 402.305 - Continuing Education Exemptions
  The committee may renew the license of a license holder who does not comply with the continuing education requirements of Sections 402.303 or 402.304 if ...
• Texas Occupations Code Section 402.306 - Duplicate License
  The committee shall issue a duplicate license to a license holder whose license has been lost or destroyed. The committee may prescribe the procedure and ...
• Texas Occupations Code Section 402.351 - Display Of License
  A person engaged in fitting and dispensing hearing instruments shall display the person's license in a conspicuous place in the person's principal office and, when ...
• Texas Occupations Code Section 402.352 - Information On Prospective Amplification Candidates
  A license holder shall try to obtain, personally or through a proper referral, at least the following information on each prospective candidate for amplification: (1) ...
• Texas Occupations Code Section 402.353 - Sound-Level Measurements
  (a) If audiometric testing is not conducted in a stationary acoustical enclosure, sound-level measurements must be conducted at the time of the testing to ensure ...
• Texas Occupations Code Section 402.401 - Trial Period
  The committee shall establish guidelines for a 30-day trial period during which a person may cancel the purchase of a hearing instrument. Acts 1999, 76th ...
• Texas Occupations Code Section 402.402 - Sale To Minor
  (a) A licensed hearing instrument fitter and dispenser may not sell a hearing instrument to a person under 18 years of age unless the prospective ...
• Texas Occupations Code Section 402.403 - Bill Of Sale
  (a) A license holder shall provide a bill of sale to each person supplied with a hearing instrument by the license holder or under the ...
• Texas Occupations Code Section 402.404 - Surety Bonding
  (a) A sole proprietor, partnership, corporation, or other legal entity engaged in the fitting and dispensing of hearing instruments shall file with the committee security ...
• Texas Occupations Code Section 402.405 - Recovery On Surety Bond
  The purchaser of a hearing instrument may rescind the purchase and recover as provided by Section 402.404 for: (1) a material misstatement of fact or ...
• Texas Occupations Code Section 402.406 - Ownership Of Dispensing Practice
  (a) A person who owns, maintains, or operates an office or place of business in which the person employs or engages under contract a person ...
• Texas Occupations Code Section 402.451 - Prohibited Acts
  (a) A person may not: (1) buy, sell, or fraudulently obtain a license or aid another person to do so; (2) alter a license with ...
• Texas Occupations Code Section 402.452 - Investigation By Board
  The board, with the aid of the department, shall investigate a person who violates this chapter. Acts 1999, 76th Leg., ch. 388, § 1, eff. ...
• Texas Occupations Code Section 402.453 - Treatment Of Ear Defects; Administration Of Drugs
  (a) A license holder may not treat the ear in any manner for any defect or administer any drug or physical treatment unless the license ...
• Texas Occupations Code Section 402.501 - Grounds For License Denial And Disciplinary Action
  The committee may refuse to issue or renew a license, revoke or suspend a license or permit, place on probation a person whose license or ...
• Texas Occupations Code Section 402.502 - Administrative Procedure
  (a) If the committee proposes to refuse a person's application for examination, to suspend or revoke a person's license or permit, or to place on ...
• Texas Occupations Code Section 402.503 - Reissuance Of License
  On application, the committee may reissue a license to a person whose license has been revoked. The application may not be made before the expiration ...
• Texas Occupations Code Section 402.504 - Emergency Suspension
  (a) The committee or a three- member subcommittee of committee members designated by the committee shall temporarily suspend the license or permit of a license ...
• Texas Occupations Code Section 402.551 - Administrative Penalty
  (a) The committee, with the board's approval, may impose an administrative penalty on a person described in this chapter for a violation of this chapter ...
• Texas Occupations Code Section 402.552 - Injunction
  The committee may apply to a district court of any county for an injunction or other order to restrain conduct by a person, other than ...
• Texas Occupations Code Section 402.553 - Civil Penalty
  (a) A person who violates this chapter or a rule or order adopted by the committee under this chapter is liable for a civil penalty ...
• Texas Occupations Code Section 451.001 - Definitions
  In this chapter: (1) "Athletic injury" means an injury sustained by a person as a result of the person's participation in an organized sport or ...
• Texas Occupations Code Section 451.002 - Interpretation; Practice Of Medicine
  This chapter does not authorize the practice of medicine by a person not licensed by the Texas State Board of Medical Examiners. Acts 1999, 76th ...
• Texas Occupations Code Section 451.003 - Applicability
  This chapter does not apply to: (1) a physician licensed by the Texas State Board of Medical Examiners; (2) a dentist, licensed under the laws ...
• Texas Occupations Code Section 451.051 - Board; Membership
  (a) The Advisory Board of Athletic Trainers is a part of the department and shall perform its duties as a board within the department. (b) ...
• Texas Occupations Code Section 451.0511 - Public Member Eligibility
  A person may not be a public member of the board if the person or the person's spouse: (1) is registered, certified, or licensed by ...
• Texas Occupations Code Section 451.0512 - Membership 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 451.0513 - 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 451.052 - Official Oath
  A person appointed to the board shall take the constitutional oath of office not later than the 15th day after the date of appointment. On ...
• Texas Occupations Code Section 451.053 - Terms; Vacancy
  (a) Board members serve staggered six-year terms with the terms of one or two members expiring on January 31 of each odd-numbered year. (b) If ...
• Texas Occupations Code Section 451.054 - Compensation
  A member or employee of the board is entitled to compensation and reimbursement of travel expenses incurred by the member or employee as provided by ...
• Texas Occupations Code Section 451.055 - Officers
  (a) The governor shall designate a member of the board as the board's presiding officer to serve in that capacity at the will of the ...
• Texas Occupations Code Section 451.056 - Meetings
  The board shall meet at least twice a year. The board may hold additional meetings on the call of the presiding officer or at the ...
• Texas Occupations Code Section 451.057 - Training
  (a) A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be count