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“... uston, is founder and President of Cokinos Energy Corporation. He serves on the Board of Directors at South Texas College of Law in Houston and is a Board Director of the Greek Orthodox Legacy Fund and a member of the Houstonian Club. Additionally, Cokinos is the former mayor pro tem and city counci ... ”
“... ) is a limited license that allows physicians who do not meet all the requirements for full licensure, but who have the expertise to educate Texas medical students, residents, and fellows, to practice within the confines of the sponsoring institution. The sponsoring institution may be:
an accredite ... ”
“... Code. Characteristics:
Is organized as nonprofit corporation.
Is organized for a purpose in the public interest, such as research, education or public health,
Must be incorporated and directed by physicians licensed by TMB
Those physicians must be actively engaged in the practice of medicine.
The a ... ”
“... ode. Characteristics:
Is organized as non-profit corporation.
Is organized for a purpose in the public interest, such as research, education, or public health.
Must be incorporated and directed by physicians licensed by TMB.
Those physicians must be actively engaged in the practice of medicine.
The ... ”
“... sor, faculty temporary licensing, national health corporation, and consulting physician approval letters.
Phone: (512) 305-7130
Fax: (512) 305-7009 or (888) 550-7516 ”
“... nters and the American Medical Association. Dr. Ho is also an Eagle Scout and the proud father of three.
Sandra Longoria, D.M.Sc., PA-C
Sandra Longoria, D.M.Sc., PA-C
Sandra Longoria, of Harlingen, is a physician assistant specializing in Internal Medicine and Geriatri ... ”
“... son, of Beaumont, is a paralegal with Exxon Mobil Corporation Law Department. She is a member of the American Alliance of Paralegal, Inc. and a former member of the Southeast Texas Paralegal Association. Sanderson is also a volunteer with Julie Rogers’ Gift of Life Program and the United Way o ... ”
“... rters. She is a member of the Midland Development Corporation Board, board member of the Midland Chamber of Commerce, and chair of the Midland Planning and Zoning Commission. For over 20 years, she has volunteered for various civic and community organizations, including the Crisis Center of Wes ... ”
Description: Medical Board 2011 - April - Licensure Committee - Agenda Item 3e1: Physicians to be Licensed
Document: ... OR CONSIDERATION FOR PERMANENT LICENSURE
M.D.'S
D.O.'S
UK
TOTAL
GRADUATES OF: TEXAS MEDICAL SCHOOLS CANADIAN MEDICAL SCHOOLS OUT-OF-STATE MEDICAL SCHOOLS FOREIGN MEDICAL SCHOOLS GRAND TOTAL 25 0 27 17 69 4 0 3 0 7 0 0 0 0 29 0 30 17 76
LICENSE TYPE AND METHOD: ADMINISTRATIVE MEDICINE REGULAR R ...
Description: Medical Board 2011 - August - Full Board Committee Meeting Minutes
Document: ... 40 a.m. by Board President Irvin E. Zeitler, Jr., D.O. Board members present were Melinda McMichael, M.D., Vice-President; Timothy J. Turner, Secretary/ Treasurer; Michael Arambula; Julie Attebury; David Baucom; Patricia S. Blackwell; Pat J. Crocker, D.O.; John D. Ellis, Jr., J.D.; Manuel Guajardo, ...
Description: Medical Board 2011 - August - Licensure Committee - Agenda Item 9: Modifications to Board Rules - 22 TAC 172 - Temporary and Limited Licenses
Document: ... made applicable to a partnership, association, or corporation. (8) Practice of medicine--A person shall be considered to be practicing medicine under any of the following circumstances listed in subparagraphs (A) - (D) of this paragraph. This definition does not negate the responsibility of applican ...
Description: Medical Board 2011 - February - Licensure Committee - Agenda Item 8b - Applications for Biennial Recertification as Nonprofit Health Organizations
Document: ... ans 31. MHS Physicians of Texas 32. NAPA 5.01 (a) Corporation 33. North Texas Specialty Physicians 34. Pediatrix Medical Services, Inc. 35. Permian Basin Healthcare Network Inc. 36. Peterson Regional Physician Hospital Organization Prime 37. Physician Associates of Southwest Dallas 38. Physicians As ...
Description: Medical Board 2011 - February - Full Board Committee Meeting Minutes
Document: ... weather. Board President, Irvin E. Zeitler, Jr., D.O., called the meeting to order at 8:03 a.m. Board members present telephonically were Melinda McMichael, M.D., Vice-President; Timothy J. Turner, Secretary/Treasurer; Michael Arambula; Julie Attebury; David Baucom; Jose M. Benavides, M.D.; Patrici ...
Description: Medical Board 2011 - February - Licensure Committee - Agenda Item 3e1 - Physician Licensure Applicants
Document: ... OR CONSIDERATION FOR PERMANENT LICENSURE
M.D.'S
D.O.'S
UK
TOTAL
GRADUATES OF: TEXAS MEDICAL SCHOOLS CANADIAN MEDICAL SCHOOLS OUT-OF-STATE MEDICAL SCHOOLS FOREIGN MEDICAL SCHOOLS GRAND TOTAL 42 1 60 33 136 4 0 11 0 15 0 0 0 0 46 1 71 33 151
LICENSE TYPE AND METHOD: ADMINISTRATIVE MEDICINE REGUL ...
Description: Medical Board 2011 - June - Full Board Committee Meeting Minutes
Document: ... :05 a.m.by Board President Irvin E. Zeitler, Jr., D.O. Board members present were Melinda McMichael, M.D., Vice-President; Timothy J. Turner, Secretary/ Treasurer; Michael Arambula; Julie Attebury; David Baucom; Patricia Blackwell; Pat J. Crocker, D.O.; John D. Ellis, Jr., J.D.; Manuel Guajardo, M.D ...
Description: Medical Board 2011 - June - Licensure Committee - Agenda Item 3e1: Physicians to be Licensed
Document: ... OR CONSIDERATION FOR PERMANENT LICENSURE
M.D.'S
D.O.'S
UK
TOTAL
GRADUATES OF: TEXAS MEDICAL SCHOOLS CANADIAN MEDICAL SCHOOLS OUT-OF-STATE MEDICAL SCHOOLS FOREIGN MEDICAL SCHOOLS GRAND TOTAL 49 0 76 54 179 4 0 13 0 17 0 0 0 0 53 0 89 54 196
LICENSE TYPE AND METHOD: ADMINISTRATIVE MEDICINE REGUL ...
Description: Medical Board 2011 - November - Full Board Committee Meeting Minutes
Document: ... 10 a.m. by Board President Irvin E. Zeitler, Jr., D.O. Board members present were Melinda McMichael, M.D., Vice-President; Julie Attebury; Patricia S. Blackwell; Pat J. Crocker, D.O.; John D. Ellis, Jr., J.D.; J. Scott Holliday, D.O.; Margaret McNeese, M.D.; Allan N. Shulkin, M.D.; Wynne M. Snoots, ...
Description: Medical Board 2012 - April - Standing Orders Committee Meeting Minutes
Document: ... Wynne M. Snoots, M.D, and Irvin E. Zeitler, Jr., D.O. Staff members present were Mari Robinson, J.D., Executive Director, and Jennifer Kaufman, JD, Assistant General Counsel. Dr Willeford entered the meeting at 8:55 a.m.
Agenda item 2 - Discussion, recommendation, and possible action on requests f ...
Description: Medical Board 2012 - August - Licensure Committee - Agenda Item 3e: Acudetox Certifications
Document: ... cants for Acudetox Certification August 2012
1.
Bryan-Reyes, Sarah
Description: Medical Board 2012 - August - Licensure Committee - Agenda Item 6b: Nonprofit Health Organizations - Biennial Recertification
Document: ... ts for biennial recertification 1. AHC Physicians Corporation 2. Diagnostic Path Lab, Inc. 3. El Centro Del Barrio 4. Fort Worth Northside Community Health Center, Inc. 5. Harlingen Physician Network, Inc. 6. Health Center of Southeast Texas 7. Heart of Texas Community Health Center, Inc. 8. Hendric ...
Description: Medical Board 2012 - February - Licensure Committee - Agenda Item 6b: Applications for Biennial Re-Certification as Nonprofit Health Organization
Document: ... rvices, Inc. Ameripath Lubbock Outpatient 5.01(a) Corporation AmeriPATH PAT 5.01(a) Corporation APH Health Services, Inc. ARK-LA-TEX Health Network Atascosa Health Center, Inc. Austin Aria, Inc. Austin Childrens Chest Associates II BHS Physicians Network, Inc. Brazos Valley Community Action Agency, ...
Description: Medical Board 2012 - February - Full board Committee Meeting Minutes
Document: ... 02 a.m. by Board President Irvin E. Zeitler, Jr., D.O. Board members present were Melinda McMichael, M.D., Vice-President; Paulette Southard, Secretary/Treasurer; Michael Arambula, M.D.; Julie Attebury; David Baucom; Patricia S. Blackwell; Pat J. Crocker, D.O.; John D. Ellis, Jr., J.D.; Manuel G. Gu ...
Description: Medical Board 2012 - February - Licensure Committee - Agenda Item 6c: Cancellation of Organizations Certified as Non-profits
Document: ... ified as Non-profits
1. 2. 3. 4.
AHC Physicians Corporation Huguley Alliance Foundation PH Denton Physicians, Inc. Smithville Regional Hospital Physicians Services
“... ny individual, partnership, trust, association or corporation by use of any letters, words, or terms, as an affix on stationery or advertisements or in any other manner, to indicate the individual, partnership, trust, association or corporation is entitled to practice medicine if the individual or e ... ”
What is the "corporate practice of medicine"?
The corporate practice of medicine is a legal doctrine, which generally prohibits corporations, entities or individuals (i.e. non-physicians) from practicing medicine.
A general summary of the corporate practice of medicine doctrine is that it prohibits physicians from entering into partnerships, employee relationships, fee splitting, or other situations with non-physicians where the physician's practice of medicine is in any way controlled or directed by, or fees shared with a non-physician. Generally, physicians may enter into independent contractor arrangements with non-physicians. However, whether an independent contractor situation exists is a question of law and attendant facts.
Section 165.156 of the Medical Practice Act makes it unlawful for any individual, partnership, trust, association or corporation by use of any letters, words, or terms, as an affix on stationery or advertisements or in any other manner, to indicate the individual, partnership, trust, association or corporation is entitled to practice medicine if the individual or entity is not licensed to do so.
Section 164.052(a)(13) of the Medical Practice Act authorizes disciplinary action against any licensee for impersonation of a licensed practitioner or permitting another to use his license to practice medicine. Section 164.052(a)(17) authorizes disciplinary action against a practitioner for aiding or abetting, directly or indirectly, the practice of medicine by non-licensed individuals or entities.
Beginning in 2011, the Texas Legislature enacted laws authorizing certain types of hospitals and specific hospital districts to directly hire physicians.
Because of the highly technical aspects of this doctrine, a physician should consult with private counsel regarding any actual or contemplated arrangement. Please be advised that the Board staff is not authorized to provide private legal advice.
The following case law/legal authority may be helpful in the analysis and are available from any local law library or private counsel:
a. Garcia v. Texas State Board of Medical Examiners, 384 F.Supp. 434 (W.D. Texas 1974);
b. F.W.B. Rockett v. Texas State Board of Medical Examiners, 287 S.W.2d 190 (Tex. Civ.App.- San Antonio 1956, writ ref'd n.r.e.);
c. Watt v. Texas State Board of Medical Examiners, 303 S.W.2d 884 (Tex. Civ. App.- Dallas 1957, writ ref'd n.r.e.);
d. Flynn Brothers, Inc. v. First Medical Associates, 715 S.W.2d 782 (Tex. Civ. App.- Dallas 1986, writ ref'd n.r.e.)
e. Woodson v. Scott & White Hospital, 186 S.W.2d 720 (Tex. App. 1945, writ ref'd w.o.m.)
f. Tex. Atty. Gen. Op. JM-1042 (1989)
g. Tex. Atty. Gen. Op. WW-278 (1957).
h. Tex. Atty. Gen. Op. JM 369 (1985)
i. Tex. Atty. Gen. Op. DM-138 (1992)
j. Tex. Atty. Gen. Op. M-551 (1970)
k. The Medical Practice Act, Texas Occupations Code Annotated, Title 3, Subtitle B as amended, section 162.001.
l. The Medical Practice Act, Texas Occupations Code Annotated, Title 3, Subtitle B as amended, section 162.001.
m. The Medical Practice Act, Texas Occupations Code Annotated, Title 3, Subtitle B as amended, 151.055.
n. Occupations Code, section 102.001.