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“... t have a medical license that has been subject to disciplinary action in another state, territory, or Canadian province;
not have a medical license that is under an investigation; or
not have a prosecution pending for any offense that is a felony or a misdemeanor that involves moral turpitude.
&nbs ... ”
“... a physician profile display a description of any disciplinary action against the physician by a medical licensing board of another state.
This section of the physician profile displays any applicable descriptions. ”
“... ng rules, serving as hearings counsel in informal disciplinary hearings, responding to questions about agency rules and laws, and responding to Open Records requests.
Click on these links to access laws and rules information:
Laws/Practice Acts
Board Rules
For more infor ... ”
“... the Board regarding any aspect of Board finances.
Disciplinary Process Review Committee
The DPRC committee gives direction to the Board's enforcement program. It makes recommendations regarding resolution and disposition of specific cases and can approve, adopt, modify, or reject recommendations fro ... ”
“... es interviewing licensure candidates, considering disciplinary matters, and adopting substantive and procedural rules.
The Board has a variety of duties mandated by state statute, including: regulating the practice of medicine in Texas through registration of physicians; determining a physician&rsqu ... ”
“... nbsp;| PDF | Word
Chapter 164 -
Disciplinary Actions and Procedures: HTML | PDF | Word
Chapter 165 -
Penalties: HTML | PDF | Word
Chapter 166 -
Billing of Anatomic Pathology Services: HTML | PDF | Word
Chapter ... ”
“... mpliance officers, work to ensure licensees under disciplinary orders from the Board comply with terms of the orders.
Phone: (512) 305-7098
Fax: (888) 661-4973 ”
“
Phone: 1-800-248-4062
(Toll-free in Texas only) ”
“... p;
Attorneys in the Litigation Department prepare disciplinary action cases and represent the Board in informal settlement conferences/show compliance hearings or before administrative law judges. Board litigation staff only addresses legal concerns related to pending cases.
Phone: (512) 305-7070
Fa ... ”
“... lth care licenses held not subject to any type of disciplinary action
Good moral and professional character
Mentally and physically able to function safely as a PA
Passage of the jurisprudence (JP) exam
Demonstrates current clinical practice as a physician assistant within the last 3 years from date ... ”
“Disciplinary and Ethics Committee
Drafts and reviews proposed rules regarding the discipline of physician assistants and enforcement of the Physician Assistant Licensing Act, section 18 and section 19; oversees the disciplinary process and gives guidance to the board and staff regarding methods to i ... ”
“... censee databases which include public profile and disciplinary information, please click on the TMB Data Reports link in the navigation above.
”
“... the Board within 30 days:
(1) an investigation or disciplinary action by any licensing entity other than the board;
(2) an arrest (excluding traffic tickets, unless drugs or alcohol were involved);
(3) any criminal charge or conviction, including disposition;
(4) any indictment;
(5) imprisonment; an ... ”
“... se or permit number, issue date, expiration date, disciplinary status, and our board seal will be affixed.
There is no fee for state board verifications. Please allow 10 working days to process your verification. The verification will be mailed or emailed directly to the state board of your request. ... ”
“... he physician is licensed under, may be subject to disciplinary action for violation of the above referenced statute.Name Change Request Form (PDF)
Health Care Liability Claims Report Form
As required under Texas Occupations Code Chapter 160.052, REPORT FROM INSURER OR PHYSICIAN. (a) Each ... ”
Description: Rule Changes June 24, 2009
Document: ... pted/22.EXAMINING%20BOARDS.h tml#375 Chapter 190, Disciplinary Guidelines, with amendments to §190.8, Violation Guidelines, which adds an exception to the requirement in paragraph (1)(L) that a physician may only prescribe drugs to a person with whom a proper professional relationship has been estab ...
Description: Rule Changes May 13, 2012
Document: ... the matter has been referred to SOAH. CHAPTER 190 DISCIPLINARY GUIDELINES 22 TAC §190.15
The amendment provides that mitigating factors in a matter before the Board where a licensee is in violation of the Medical Practice Act do not require that the Board dismiss the case. In cases relating to vio ...
Description: Rule Changes May 05, 2011
Document: ... fact. The amendment to §187.72 provides that if a disciplinary panel of the board elects to automatically suspend the license of a physician that the order shall be considered
administratively final for purposes of appeal. In addition, if a panel recommends the automatic suspension of a license, t ...
Description: Rule Changes May 02, 2010
Document: ... the Modification/Termination of Agreed Orders and Disciplinary Orders, will prohibit probationers from requesting modification/termination of an order if the probationer is under investigation for alleged noncompliance with the order, and clarifies that modification/termination requests may be made ...
Description: Rule Changes March 03, 2010
Document: ... new amendments to §187.14, Informal Resolution of Disciplinary Issues Against a Licensee, relating to Informal Resolution of Disciplinary Issues Against a Licensee, which amends the composition and functions of the Quality Assurance Committee that reviews investigated complaints filed with the Board ...
Description: Rule Changes March 18, 2013
Document: ... establishes that board members may not appear at disciplinary or licensure hearings on behalf of licensure applicants or licensees, and may not submit a written statement on behalf of a licensee or applicant unless the member receives preapproval for such written statement from the board's executiv ...
Description: Rule Changes March 09, 2009
Document: ... compliance of license holders who are subject to disciplinary action, and §189.2, Definitions, updates the names of the Texas Medical Board and the Texas Physician Assistant Board and adds chart monitoring to the definition of a monitoring physician.
...
Description: Rule Changes March 06, 2003
Document: ... rences based on personal appearance. Chapter 190, Disciplinary Guidelines. Rule review with no changes. Chapter 191, District Review Committees. Rule review and proposed amendments to ''191.1 and 191.3-191.5 for general clean-up of the chapter. Chapter 193, Standing Delegation Orders. Amendments to ...
Description: Rule Changes February 28, 2011
Document: ... t to §187.14, relating to Informal Disposition of Disciplinary Issues Against a Licensee, provides that if the licensee fails to accept an offer of settlement by the Quality Assurance Committee, or if the licensee requests that an Informal Settlement Conference (ISC) be held, the offer shall be deem ...
Description: Rule Changes January 25, 2006
Document: ... rs to review the standard of care in a particular disciplinary investigation, grounds for conflicts of interest, and procedures for Expert Physician Review. Chapter 187, Procedural Rules. Amendments set out standards for refunds to be ordered to be paid to patients; clarify when tolling does not app ...
Description: Rule Changes January 22, 2009
Document: ... ecision by the Quality Assurance Committee or the Disciplinary Process Review Committee that there is a necessity for additional investigation of a complaint constitutes good cause for an investigation to extend beyond 180 days. Chapter 180 Rehabilitation Orders, amending 180.1, Rehabilitation Order ...
Description: Rule Changes January 02, 2013
Document: ... reements with program participants.
CHAPTER 190. DISCIPLINARY GUIDELINES 22 TAC §190.8, §190.14 The amendment to §190.8 provides the standard for physician delegation of the performance of nerve conduction studies by individuals who are not licensed as physicians or physical therapists. The amendme ...
Description: Rule Changes December 22 and 25, 2011
Document: ... nt to §187.14, relating to Informal Resolution of Disciplinary Issues Against a Licensee, adds language on remedial plans and specifies that the Quality Assurance Committee may refer investigations to be heard at an informal settlement conference. The amendment to §187.16, relating to Informal Show ...
Description: Press Release January 18, 2011 (PDF File)
Document: ... l operation of pain clinic
On January 14, 2011, a disciplinary panel of the Texas Medical Board temporarily suspended the medical license of Julia Renee Ward, M.D., Lic. No. M5571, of Houston, after determining that Dr. Ward's continuation in the practice of medicine presents a continuing threat to ...
Description: Press Release January 11, 2007 (PDF File)
Document: ... r protection through licensure, investigation and disciplinary action. The Board, under President Roberta M. Kalafut, D.O., and Executive Director Donald W. Patrick, M.D., J.D., and mandated by Senate Bill 104 of the 78th Legislature and S.B. 419 of the 79th Legislature, is strengthening and acceler ...
“... t 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. ”
Are complaints public information?
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.
“... 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, ... ”
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.
“... ng in another state for at least 5 years, with no disciplinary history or open investigations; Physician applicants who are in active military service, whose spouse is in active military service, or who are military veterans. (These individuals may also qualify for an application fee waiver) ... ”
Can my physician licensure application be expedited?
Applicants who fall into one of the following categories may be eligible for expedited handling:
“... be granted. Alternatively, licensure under a non-disciplinary order limiting your practice to administrative medicine may be offered. ”
I haven't been practicing medicine for a while. Is that a problem?
Maybe. In order to be eligible for physician licensure in Texas you must prove that you have actively diagnosed or treated patients, or been on the active teaching faculty of a Texas medical school on a full time basis for either of the two years preceding the date of your application. The Board defines "full time" to be at least 20 hours per week for 40 weeks duration during a given year. If you don't meet that requirement the Executive Director may determine that certain conditions must be met before licensure can be granted. Alternatively, licensure under a non-disciplinary order limiting your practice to administrative medicine may be offered.
“... he provisions of this exemption may be subject to disciplinary action. Action may be based on unprofessional or dishonorable conduct likely to deceive, defraud, or injure the public if the physician engages in the compensated practice of medicine, provides medical services to members of the physicia ... ”
Is there an exemption for retired physicians providing voluntary charity care?
Yes. A retired physician whose only clinical practice is the provision of voluntary charity care to indigent populations shall be exempt from the registration fee but must register the license as well as report CME. The physician's practice of medicine must not include the provision of medical services for either direct or indirect compensation which has monetary value of any kind and the physician's practice is limited to voluntary charity care to indigent populations and receives no direct or indirect compensation of any kind for medical services rendered. Also, the physician's practice cannot include the provision of medical services to family members or the self-prescribing of controlled substances or dangerous drugs. A physician who violates the provisions of this exemption may be subject to disciplinary action. Action may be based on unprofessional or dishonorable conduct likely to deceive, defraud, or injure the public if the physician engages in the compensated practice of medicine, provides medical services to members of the physician's family, or self-prescribes controlled substances or dangerous drugs. Additionally, a physician who attempts to obtain this exemption by submitting false or misleading statements shall be subject to disciplinary action pursuant to the Medical Practice Act, in addition to any civil or criminal actions provided for by the state or federal law.
“... s been restricted; or • have been subject to disciplinary action by any licensing entity for conduct that was a result of inappropriately prescribing, dispensing, administering, supplying, or selling a controlled substance A pain management clinic may not be owned wholly or partly by a p ... ”
Who can own or operate a pain management clinic?
A pain management clinic may not operate in Texas unless the clinic is owned and operated by a medical director who: • is a physician who practices in Texas • has an unrestricted medical license • holds a certificate of registration for that pain management clinic In addition, the owner/operator of a pain management clinic, an employee of the clinic, or a person with whom a clinic contracts for services may not: • have been denied, by any jurisdiction, a license issued by the Drug Enforcement Agency or a state public safety agency under which the person may prescribe, dispense, administer, supply, or sell a controlled substance; • have held a license issued by the Drug Enforcement Agency or a state public safety agency in any jurisdiction, under which the person may prescribe, dispense, administer, supply, or sell a controlled substance, that has been restricted; or • have been subject to disciplinary action by any licensing entity for conduct that was a result of inappropriately prescribing, dispensing, administering, supplying, or selling a controlled substance A pain management clinic may not be owned wholly or partly by a person who has been convicted of, pled nolo contendere to, or received deferred adjudication for: • an offense that constitutes a felony; or • an offense that constitutes a misdemeanor, the facts of which relate to the distribution of illegal prescription drugs or a controlled substance as defined by Texas Occupations Code Annotated §551.003(11) The medical director of a pain management clinic must operate the clinic in compliance with Drug Prevention and Control Act, 21 U.S.C.A. 801 et.seq. and the Texas Controlled Substances Act, Chapter 481 of the Texas Health and Safety Code, relating to the prescribing and dispensing of controlled substances. The medical director of a pain management clinic must, on an annual basis, ensure that all personnel: • are properly licensed, if applicable, • are trained including 10 hours of continuing medical education related to pain management, and • are qualified for employment.
“... provide the requested information could result in disciplinary action against the professional license. ”
Do I have to produce my prescriptive authority agreement or facility-based protocol if a licensing board asks to see it?
Yes. You are required to provide a copy of the prescriptive authority agreement to the board that requested it within three business days. Although SB 406 did not specifically note that facility-based protocols must also be submitted within this time frame, each licensing board has the authority to request this information. Failure to provide the requested information could result in disciplinary action against the professional license.
“... suspended, delinquent, or otherwise subject to a disciplinary order that specifically prohibits the licensee from entering into a prescriptive authority agreement. Note that if a licensee’s authority to supervise, delegate, or prescribe devices is limited under a board order ... ”
What constitutes a license that is in good standing for purposes of entering a prescriptive authority agreement?
A physician, advanced practice registered nurse, or physician assistant must have an active license to practice that is not suspended, delinquent, or otherwise subject to a disciplinary order that specifically prohibits the licensee from entering into a prescriptive authority agreement.
Note that if a licensee’s authority to supervise, delegate, or prescribe devices is limited under a board order, the licensee may enter into a prescriptive authority agreement and practice under the agreement only to the extent permitted by the board order.
“... been disciplined in the past. This includes disciplinary action taken by licensing boards in other states. Once you are a party to a prescriptive authority agreement, you are required to immediately notify the other party/parties to the agreement if you receive notice that you are the su ... ”
Do I have to disclose information regarding investigations and discipline? If so, to whom must this information be disclosed
Yes. Prior to signing a prescriptive authority agreement, you must disclose to the other party/parties to the prescriptive authority agreement if you have been disciplined in the past. This includes disciplinary action taken by licensing boards in other states. Once you are a party to a prescriptive authority agreement, you are required to immediately notify the other party/parties to the agreement if you receive notice that you are the subject of an investigation.
“... se or permit number, issue date, expiration date, disciplinary status, and our board seal will be affixed.There is no fee for state board verifications. Please allow 10 working days to process your verification. The verification will be mailed directly to the state board of your request.The fo ... ”
How do I get a verification of my Texas license sent to another state?
Upon written request TMB will provide a state board verification to another state board regarding licensees. The verification includes: licensee's name, license or permit number, issue date, expiration date, disciplinary status, and our board seal will be affixed.
There is no fee for state board verifications. Please allow 10 working days to process your verification. The verification will be mailed directly to the state board of your request.
The form is avaliable under Verification Request in the "Licensee Resources" section of our website.