Complaints and investigational information received and maintained are not public information, by state law. Any resulting disciplinary orders are public and can be viewed on the physician’s profile. Formal complaints filed by the Board at the State Office of Administrative Hearings are public documents.

No. Liability claims are heard in civil court. The TMB does not evaluate or give advice regarding civil liability claims. Note: The TMB cannot give legal advice. Please consult an attorney if you have questions regarding liability claims.

To learn if your physician has been sued, contact the court clerk in the county where your physician practices. Physicians are required to provide a description of any medical malpractice claim to the TMB for publication on the physician profile.

Texas statutes do not require physicians to carry malpractice insurance. However, malpractice insurance is a requirement for privileges at many hospitals.

Mail a written request for records to the physician by certified mail, return receipt requested. This method provides assurance that the request was delivered. State law allows a patient to obtain a copy of their records, or ask that a copy be sent to a new doctor or someone else, such as an insurance company. This law requires a physician to release copies of a patient's medical records (or a narrative summary) if the physician receives written consent from the patient or the minor patient's parent or legal guardian. The physician shall furnish the information within 15 business days after the date of receipt of the request, and reasonable fees for furnishing the information. The reasonable fees shall be paid by the patient or someone on his/her behalf.

Board rules define a reasonable fee for providing paper copies of medical records as no more than $25 for the first twenty pages and $.50 per page for every copy thereafter.  A reasonable fee for providing copies of medical records in electronic format is a charge of no more than: $25 for 500 pages or less and $50 for more than 500 pages.  Also, a reasonable fee of up to $15 may be charged for executing an affidavit, if requested. 

A physician may not charge a fee for a medical or mental health record if the request is related to a benefits or assistance claim based on the patient's disability. 

A reasonable fee for copies of imaging studies shall be no more than $8 per copy of an imaging study.

Unless the billing records are specifically requested, the physician is not required to provide copies of billing records as part of the medical records. A physician may charge separate fees for medical and billing records requested.

Requests for records created and kept by a hospital should be directed to the hospital rather than to the physician. Fees for hospital records differ from those records provided by physicians.

Put your request in writing and send it to the physician’s address listed on the physician’s Profile on the TMB website. You can also contact the TMB to determine if a custodian of records has been reported. If another physician has taken over the practice, the records may also be available there.

At this time there is no centralized state repository for medical records. Sometimes patients send a written request for records to the doctor’s next of kin or the executor of the doctor’s estate. A patient may also contact the TMB to determine if a custodian of records has been reported. If another physician has taken over the practice, the records may be available there.

A physician generally has the right to terminate the doctor/patient relationship. The doctor should give adequate notice to the patient and provide required care until the patient has had reasonable time to find a new physician. Adequate notice will depend on the circumstances.

It is recommended, but not required, that a physician have a third party such as a staff or family member serve as a chaperone during such an exam. If a chaperone is unavailable, the patient may decline the exam and may wish to consider finding another physician.

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.

The TMB does not provide a referral service or make recommendations to patient consumers regarding specific health care providers. Here are some tips on locating a new physician:

• Contact your health insurance provider – check with your group or individual health plan or employer’s benefits office. Plans will have a listing of providers who accept your insurance and can offer further guidance.

For physicians who accept Medicare payments, visit the Centers for Medicare and Medicaid Services' Physician Compare: https://www.medicare.gov/physiciancompare/.

For Medicaid and the Children's Health Insurance Program (CHIP), visit https://hhs.texas.gov/services/health/medicaid-chip.

• Check the Texas Medical Board’s website – licensees of the Medical Board are searchable several ways including by city, zip code and specialty. Visit the following link: http://www.tmb.state.tx.us/page/look-up-a-license.

• Texas Health Compare – an online guide from the Texas Department of Insurance for choosing health plans and providers, available at the following link: http://www.texashealthoptions.com/compare/index.html.

• Other provider directories – another helpful resource is the National Institutes of Health’s MedlinePlus, available at the following link: https://medlineplus.gov/directories.html.

Yes. Prior to and each and every time a physician or advanced practice professional (such as a physician assistant or advanced practice registered nurse acting under a physician’s delegated authority) prescribes opioids, benzodiazepines, barbiturates, or carisoprodol, the patient’s prescribing history must be reviewed by the physician or advanced practice professional issuing the prescription.  For providers seeking information on how to access the PMP, please review Pharmacy Board PMP information at https://www.pharmacy.texas.gov/pmp/.