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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 ... ”
“ Senate Bill 894 (2011) allows hospitals in certain circumstances to directly hire physicians.
Chief Medical Officer Designation/Contact Form
Compromise of Medical Judgement Report Form
The bill requires that a hospital directly hiring physicians appoint a chief medical officer ... ”
“The Texas Occupations Code (see Laws/Practice Acts) and Board Rules authorize the Texas Medical Board to approve and certify two types of health organizations which meet certain strict criteria. Both types of nonprofit health organizations must keep TMB informed of changes in their by-laws ... ”
“The Texas Occupations Code (See Laws/Practice Acts) and Board Rules authorizes the Texas Medical Board to approve and certify two types of health organizations which meet certain strict criteria. Both types of non-profit health organizations must keep TMB informed of changes in their by-laws an ... ”
Description: Rule Changes March 07, 2012
Document: Board Rule Changes - March 7, 2012
The following Board Rules have been adopted and went into effect March 7, 2012. Visit the TMB's Laws, Rules & FAQs web page for more information. CHAPTER 173. PHYSICIAN PROFILES 22 TAC §173.1, §173.3 The Texas Medical Board adopted amendments to §173.1, concerning ...
Description: Rule Changes December 22 and 25, 2011
Document: Board Rule Changes - December 22 and 25, 2011
The following is a summary of the changes effective December 22, 2011 and December 25, 2011. Click here for the complete board rules: The following is a summary of the changes effective December 22, 2011 and December 25, 2011. Click here for the complete ...
Description: Press Release August 31, 2006 (PDF File)
Document: Texas Medical Board News Release FOR IMMEDIATE RELEASE Thursday, August 31, 2006 Media contact: Public Information Officer Jill Wiggins at jill.wiggins@tmb.state.tx.us or (512) 305-7018. Non-media contact: (512) 305-7030 or (800) 248-4062 Medical Board Disciplines a Record 99 Doctors Since its last ...
Description: Press Release February 23, 2012 (PDF File)
Document: Texas Medical Board Press Release
FOR IMMEDIATE RELEASE February 23, 2012
Media contact: Leigh Hopper, 512-305-7018 Customer service: 512-305-7030 or 800-248-4062
Medical Board Disciplines 58 Physicians at February Meeting
At its February 9-10, 2012 meeting, the Texas Medical Board disciplined 58 p ...
Description: Press Release September 07, 2012 (PDF File)
Document: Texas Medical Board Press Release
FOR IMMEDIATE RELEASE September 7, 2012
Media contact: Leigh Hopper, 512-305-7018 Customer service: 512-305-7030 or 800-248-4062
TMB disciplines 55 physicians at August meeting
At its August 29-31, 2012 meeting, the Texas Medical Board disciplined 55 licensed physi ...
Description: TEXAS PHYSICIANS ASSISTANT BOARD Physician Assistant Owned Clinics Ad Hoc Committee December 3, 2010
Document: TEXAS PHYSICIANS ASSISTANT BOARD
Physician Assistant Owned Clinics Ad Hoc Committee December 3, 2010
Chair Felix Koo, M.D., called the meeting to order at 11:00 a.m. Committee members present were David Baucom via phone, Teralea Jones, PA-C; Melinda McMichael, M.D.; Irvin E. Zeitler, Jr., D.O. and ...
Description: Medical Board 2006 August Executive TEXAS MEDICAL BOARD EXECUTIVE COMMITTEE AUGUST 24, 2006
Document: TEXAS MEDICAL BOARD EXECUTIVE COMMITTEE AUGUST 24, 2006 The meeting was called to order at 8:50 a.m. by Board Vice-President, Larry Price, M.D. Committee members present were Eddie J. Miles, Jr., Keith E. Miller, M.D.; and John W. Pate, Jr., M.D. Other Board members present were Lawrence L. Anderson ...
Description: Medical Board 2010 - June - Full board Committee Meeting Minutes
Document: Texas Medical Board
June 4, 2010 BOARD MEETING MINUTES The meeting was called to order June 4, 2010 at 8:32 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 ...
Description: Medical Board 2012 - August - Full Board Committee Meeting Minutes
Document: Texas Medical Board
BOARD MEETING AUGUST 31, 2012 333 GUADALUPE, TOWER 2, SUITE 225 AUSTIN, TEXAS The meeting was called to order on August 31, 2012 at 8:08 a.m. by Irvin E. Zeitler, Jr., D.O., Board President. Board members present were Melinda McMichael, M.D., Vice-President; Paulette Southard, Se ...
Description: Medical Board 2012 - February - Full board Committee Meeting Minutes
Document: Texas Medical Board
BOARD MEETING FEBRUARY 10, 2012 333 GUADALUPE, TOWER 2, SUITE 225 AUSTIN, TEXAS The meeting was called to order on February 10, 2012 at 8:02 a.m. by Board President Irvin E. Zeitler, Jr., D.O. Board members present were Melinda McMichael, M.D., Vice-President; Paulette Southard, ...
Description: Medical Board 2012 - June - Licensure Committee Meeting Minutes
Document: TEXAS MEDICAL BOARD LICENSURE COMMITTEE MEETING MINUTES June 7, 2012
The meeting was called to order at 9:51 a.m. on June 7, 2012 by Acting Chair, Paulette B. Southard. Committee members present were Pat Crocker, D.O., John D. Ellis Jr., Carlos Gallardo, Wynne M. Snoots, M.D., and Irvin E. Zeitler, ...
Description: Medical Board 2012 - June - Licensure Committee - Agenda Item 5c: Proposed Changes to Board Rule 177
Document: TEXAS MEDICAL BOARD RULES Texas Administrative Code, Title 22, Part 9 Chapter 177
Business Organizations
Proposed Changes
Draft May 2, 2012
V1-177-Initial Draft
177.17. Exceptions to Corporate Practice of Medicine Doctrine (a) Corporate Practice of Medicine Doctrine. The corporate practice of me ...
Description: List of 162.001(b) Non-Profit Health Organizations, as of 04/28/2025 *NOTE: All organizations ever certified are listed regardless of current status. Only those without a decertification date are considered active. Decertifications are due to non-renewal. ...
Document:
CONTACT TITLE 1960 PHYSICIAN ASSOCIATES JENNFIER RIZVI PRESIDENT/TREASURER 837 CYPRESS CREEK PARKWAY HOUSTON TX 24 HOUR PHYSICIANS, INC JOHN MIDDLEBROOK, MD PRESIDENT 10077 GROGANS MILL ROAD THE WOODLANDS 3-C NEUROSURGERY, INC. JEFFREY CATTORINI, MD CHAIRMAN OF THE BOARD 3020 CANTON ...
Description: List of 162.001(c) Non-Profit Charitable Health Centers as of 4/28/2025 *NOTE: All organizations ever certified are listed regardless of current status. Only those without a decertification date are considered active. Decertifications are due to non-renewal. ...
Document:
TX CRYSTAL CITY 308 CESAR CHAVEZ AVE CHIEF EXECUTIVE OFFICER CARLOS E. MORENO, MD, MBA VIDA Y SALUD-HEALTH SYSTEMS, INC. 78853-1470 EAGLE PASS 2525 N. VETERANS BLVD CEO WILLIAM WORRELL UNITED MEDICAL CENTERS HOUSTON 6846 ANTOINE DR EXECUTIVE DIRECTOR BERNICE J KOKO UNITED HEALTH PAR ...
Description: Medical Board 2013 - December- Full Board Minutes
Document: T
EXAS
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D
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1
T
exas Medical Board
BOARD MEETING
D
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333
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OWER
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The meeting was called to order on
December 6, 2013 at
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“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, emp ... ”
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.