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.

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.

If you have been previously fingerprinted for another license or by another agency, we apologize for the inconvenience; however you will still be required to submit the fingerprint criminal history background to the TMB. Per Title 28, Code of Federal Regulations (CFR), Section 50.12, FBI fingerprinting reports are only allowed to be used for the purposes requested. Therefore, we are not able to access fingerprint results that were submitted to another agency (other states licenses, CHL permits, other background checks, etc.). Applicants or Texas licensees looking to renew their licensure must use the TMB Service Code and their Board issued 6-digit ID# on the IdentoGo website in order for our agency to receive your DPS/FBI consolidated report.  If you used any other service code other than the one assigned to the TMB, those results cannot be disclosed to our agency. Refer to the instructions provided to you by either the Licensure or Registrations Department.

No. Multiple methods of submission will delay the fingerprinting process, as the fee paid to IdentoGo allows for either a live scan or a mailed submission of fingerprint cards. An applicant or Texas licensee should complete their fingerprints by arranging an appointment at an approved IdentoGo location or mail to Identogo one completed fingerprint card with the completed IdentoGo confirmation document containing a bar code. If fingerprints are submitted using multiple methods or if an applicant completes their fingerprints at a different IdentoGo location than the one they set up their appointment with, the applicant will be responsible for contacting IdentoGo directly to identify the correct submission method. TMB does not have access to the IdentoGo system and is not able to amend or verify an applicant’s submission method.  Applicants should not mail fingerprint cards to the TMB.

Yes. You may request that one be issued once your file is complete so that you can practice until the next Board meeting, when a permanent license will be issued. The fee is $107.

NCCPA Certification is required for initial licensure in Texas but not for renewal of an active Texas Physician Assistant License.

Applications for PA licensure are submitted online.

The application-processing fee is $220.00 that must be submitted along with the completed application. In addition, there is a fee of $107 if you are requesting a temporary license.

Individual application processing time will vary according to the complexity of the application. Factors that increase complexity are “yes” answers to any of the Professionalism questions on the application.  

No. Texas law requires graduation from an accredited PA program for eligibility.

Yes, if you have requested and paid for one. The request is made by mailing in the Temporary License Affidavit with the $107 fee. A temporary license cannot be issued until all supporting documents for your online application have been received, and your file has been reviewed and determined complete by your assigned licensing analyst. The temporary license is considered a full and active license and will allow you to practice until your permanent license is issued. Permanent licenses are issued once a month.  Please see the License Issue Dates link to the left for more information.  

Yes. All physician applicants are required to submit their fingerprints for a criminal background check.

The Board assigns the first registration period. These vary in length from 12 to 24 months. First time registration fees are prorated accordingly:

Initial Registration Fee prorated amounts, as of 9/1/2023:

Initial registration of 12 months - $283.48
Initial registration of 24 months - $469.48