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How do I obtain a copy of my medical records?
What are reasonable fees for medical records?
What are reasonable fees for billing records?
What are reasonable fees for hospital records?
How long do physicians have to keep medical records?
My physician closed his office. How do I get my me ... ”
“... rance?
Can I file a liability claim through the Medical Board against my physician?
How do I file a complaint?
Are complaints public information?
What information is available on a physician’s Profile?
I’m looking for a physician of a particular specialty. Does the “Look ... ”
“The Texas Medical Board (TMB) is committed to making its Web site accessible to all users. To make the site more accessible, we include several features designed to improve accessibility for users with disabilities. Some of these features are described below..
A descriptive text equivalent is provid ... ”
“... nce at various academic institutions in the Texas Medical Center. These include: Leukemia Service, Neurosurgery and Medical Breast Oncology at MD Anderson Cancer Center, and Pediatric Cardiology at Texas Children’s Hospital. She has also been an Assistant Professor at UTMB Acute Care Nurse Pra ... ”
“Provides helpful information about the Texas Medical Board, its disciplinary process, how to research a licensee, and how to file a complaint.
TMB Consumer Brochure
”
“... completed, signed and notarized form to the Texas Medical Board via an overnight courier service, such as FedEx, DHL, or UPS, you will need to use the location address of:
Texas Medical BoardAttention: Registration1801 Congress Avenue, Suite 9.200Austin, TX 78701
Should you choose ... ”
“In 1993, the 73rd Texas Legislature amended the Medical Practice Act to create a Texas State Board of Acupuncture Examiners. The legislators found that the "review and establishment of statewide standards for the training, education and discipline of persons performing acupuncture are in the public ... ”
“... ining, physician assistants, acupuncturists, medical physicists, medical radiologic technologists, non-certified radiological technicians, perfusionists, and respiratory care practitioners.
Visit the following link, and accept usage terms, to view available reports: htt ... ”
“... specific information.
About the Agency
The Texas Medical Board is a state regulatory agency. We serve and protect the public's welfare by ensuring our licensed healthcare professionals are competent and provide quality patient health care, and by educating consumers regarding their rights in seekin ... ”
“... , M.D., of Houston, is the President of the Texas Medical Board. He is a Board Certified Anesthesiologist and is the Vice-Chair of the Clinical Governance Board for US Anesthesia Partners for the Gulf Coast region as well as a member of the Clinical Governance Board for US Anesthesia Partners Texas. ... ”
“... IDGE UNIVERSITY, HONOLULU, HI
0523
ORIENTAL MEDICAL INST OF HAWAII, HONOLULU, HI
0524
UNIV. OF HEALTH SCIENCE, HONOLULU, HI
0525
UNIVERSITY OF SCIENCES, BATON ROUGE, LA
0526
NEW ENGLAND SCHOOL OF ACUP, WATERTOWN, MA
0527
MINSHEW ACUP SCH, COLUMBIA FALLS, MT
0528
I ... ”
“... quo; answers to questions on the Professionalism, Medical Liability section of the application.
Once all items have been received, and have been reviewed and approved by the appropriate members of Board staff, your application will be considered complete and your name will be added to ... ”
“... at the verification be sent directly to the Texas Medical Board.
Verification of CCAOM Clean Needle Technique course contact the entity where you took this course and examination and request that they furnish you a verification in a sealed envelope with the providers signature across the outside of ... ”
“... hich:
o is approved by the Medical Board
o is 70 hours in length
o includes a clean needle technique course or equivalent universal infection control precaution procedures course approved by the Medical Board
· &n ... ”
“
Full Texas Medical License
Physician in Training Permit
Faculty Temporary License
Out-of-State Telemedicine License
Administrative Medicine License
Provisional License
Medical License Limited to Underserved Areas
Visiting Physician Temporary Permit
Visiting Professor Temporary License
Physician Pub ... ”
Description: TMB Bulletin March 2012
Document: The newsletter of the Texas Medical Board, Texas Physician Assistant Board and Texas State Board of Acupuncture Examiners
March 2012
Physician texting trend could pose some potential problems
Text messaging has one of the highest and fastest response rates compared to phone calls and email. Anecdo ...
Description: TMB Bulletin January 2012
Document: The newsletter of the Texas Medical Board, Texas Physician Assistant Board and Texas State Board of Acupuncture Examiners
January 2012
Remedial plans replace disciplinary action in some cases
A new, non-disciplinary option improve their practices. Regives some licensees another medial Plans are pu ...
Description: TMB Bulletin December 2012
Document: The newsletter of the Texas Medical Board, Texas Physician Assistant Board and Texas State Board of Acupuncture Examiners
December 2012
Prescriptive Delegation Waiver Requests
The board has authority to waive or modify any of the site or supervision requirements for a physician delegating prescrip ...
Description: Rule Changes December 30, 2007
Document: ... r 196, Voluntary Relinquishment or Surrender of a Medical License , amending 196.2, Surrender Associated with Disciplinary Action, updating language; and 196.3, Surrender Associated with Impairment, updating language. Chapter 198, Unlicensed Practice, amending 198.2, Complaints, to make appropriate ...
Description: Rule Changes December 29, 1997
Document: ... or the complete board rules. Chapter 165.1-165.3, Medical Records chapter reorganized, changes mainly pertain to record retention.
Description: Rule Changes December 23, 1997
Document: ... clarify which CME courses involving the study of medical ethics and/or professional responsibility are recognized by the board to be in compliance with CME requirements. Chapter 174.16, Telemedicine new section outlining requirements for annual registration of telemedicine license holders. Chapter ...
Description: Rule Changes December 18, 2011
Document: ... GRADUATE TRAINING PERMITS 22 TAC §171.6 The Texas Medical Board (Board) adopts the amendment to §171.6, concerning Duties of Program Directors to Report, with minor changes to the proposed text as published in the September 16, 2011, issue of the Texas Register (36 TexReg 6112). The text of the rule ...
Description: Rule Changes December 4, 2011
Document: ... AC §§163.1, 163.2, 163.6, 163.7, 163.11 The Texas Medical Board (Board) adopts amendments to §§163.2, 163.6, 163.7 and 163.11, concerning Licensure, without changes and §163.1 with minor grammatical changes to the proposed text as published in the September 16, 2011, issue of the Texas Register (36 ...
Description: Rule Changes November 30, 2009
Document: ... no longer needed; §163.2, relating to Full Texas Medical License, is based on House Bill 3674 passed by the 81st Legislature to allow applicants for licensure to demonstrate board certification to satisfy requirements relating to substantial equivalence of medical education and permits applicants w ...
Description: Rule Changes November 30, 2003
Document: ... complete board rules. Chapter 162, Supervision of Medical School Students. Repeal of §§162.1162.3, and new §162.1 regarding the requirements for Texas physicians who supervise medical school students in Texas. Chapter 163, Licensure. Amendments to §§163.1, 163.5, 163.6, 163.10, 163.13 regarding gene ...
Description: Rule Changes November14, 2000
Document: ... complete board rules. Chapter 162, Supervision of Medical School Students - proposed amendment to §162.2 regarding exemptions. Chapter 165, Medical Records - proposed amendment to §165.2, regarding the time frame for release of medical records. Chapter 170, Authority of Physician to Prescribe for th ...
Description: Rule Changes November 07, 2004
Document: ... Definitions, Licensure for United States/Canadian Medical School Graduates, Licensure for Graduates of Acceptable Unapproved Medical Schools, Licensure Documentation, and Examinations Accepted for Licensure. Chapter 171, Postgraduate Training Permits. Rule review, repeal and replacement of §§171.1-1 ...
Description: Rule Changes October 17, 2010
Document: ... itions, define distant site provider, established medical site, face-to-face visit, patient site location, patient site presenter; amend the definitions for physician-patient e-mail, telemedicine medical services; and deletes the definition for telepresenter. The Board has determined that it is nece ...
Description: Rule Changes September 28, 2006
Document: ... k here for the complete board rules. Chapter 165, Medical Records, amendments to 165.1 Medical Records and the addition of 165.6, Medical Records Regarding an Abortion on an Unemancipated Minor. Chapter 175, Fees, Penalties, and Forms, to include amendments to 175.2, Registration and Renewal Fees, r ...
Description: Rule Changes September 27, 2007
Document: ... pert testimony relates to the standard of care or medical malpractice. Chapter 176, Health Care Liability Lawsuits and Settlements, amending 176.1 Definitions; 176.2 Reporting Responsibilities; 176.4 Timeframes and Attachments; 176.6 Penalty; 176.8 Board Review of Health Ca re Liability Lawsuits and ...
“No. If you are unable to obtain a certified copy of your transcript directly from the school you will have to prove that you have made "exhaustive attempts" to obtain it. Your file will have to be reviewed by our Executive Review Group before a determination of acceptability can be made. Please cons ... ”
I graduated from a Medical School overseas and it is difficult for me to obtain a certified transcript of my scores and classes from them. Can I submit a copy of this from my own files?
No. If you are unable to obtain a certified copy of your transcript directly from the school you will have to prove that you have made "exhaustive attempts" to obtain it. Your file will have to be reviewed by our Executive Review Group before a determination of acceptability can be made. Please consult your licensing analyst AFTER you submit your application for details on proving "exhaustive attempts."
“... ion.You may submit your written request to: Texas Medical Board Attn: HCE Registration MC-263, P.O. Box 2018 Austin, Texas 78768-2018 ”
How do I retrieve my username and/or password for the HCE verification system if I lost it?
If you are not able to locate your username and password, please submit a written request on letter head. Once your registration as an HCE has been verified, a letter will be sent to the address and contact of record with the username and/or password information.You may submit your written request to: Texas Medical Board Attn: HCE Registration MC-263, P.O. Box 2018 Austin, Texas 78768-2018
“... on. You may submit your written request to: Texas Medical Board Attn: HCE Registration MC-263, P.O. Box 2018 Austin, Texas 78768-2018 ”
How do I update the contact name for my registered HCE for the verification system?
Please submit a written request for the contact update on letter head. Once your registration as an HCE has been verified, a letter will be sent to the address and contact of record with the username and/or password information. You may submit your written request to: Texas Medical Board Attn: HCE Registration MC-263, P.O. Box 2018 Austin, Texas 78768-2018
“... ly and safely performed by the person to whom the medical act is delegated; 2) the act is performed in its customary manner; and 3) the performance of the act by the delegate is not in violation of any other statute.It is clear that AAs can be delegated certain tasks under Chapter 157. The question ... ”
What are the general rules related to AAs/CRNAs?
The authority to delegate is found in Chapter 157 of the Texas Occupations Code, and Title 22 of the Texas Administrative Code, Section 193. A physician is allowed to delegate certain duties to a qualified and properly trained person acting under the physician’s supervision:
1) if in the opinion of the delegating physician the act can be properly and safely performed by the person to whom the medical act is delegated;
2) the act is performed in its customary manner; and
3) the performance of the act by the delegate is not in violation of any other statute.
It is clear that AAs can be delegated certain tasks under Chapter 157. The question is the extent allowable of such delegation. The key provision that needs to be examined is likely “not in violation of any other statute.”
Although the Nursing Act describes what a CRNA can do in regard to anesthesia, there is overlap of regulation of CRNAs between the Medical Board and Nursing Board. CRNAs are subject to physician delegation under the Medical Practice Act. The delegating physician can limit what a CRNA is allowed to provide under a Prescriptive Authority Agreement (PAA) or Standing Order, despite what may be allowed under Nursing Board rules and regulations.
The level of supervision required for any AA (or any delegated provider) is determined based on training, knowledge, and experience, as determined by the physician. For CRNAs, whether any level of physician supervision is required will depend upon those same factors, in addition to applicable federal and state statutes, regulations, bylaws, and ethical standards, if any. However, AAs and CRNAs cannot practice independently and require physician delegation. A hospital or facility can set their own standards, policies, etc., related to delegation and supervision as long as it does not violate Chapter 157, board rules, or other applicable federal and state statutes and regulations. Although AAs most commonly work under an anesthesiologist physician, any physician may supervise and delegate to AAs; however, the standard of care must be met and the delegating physician remains responsible for the AA’s actions.
One difference between an AA and CRNA is the ability to order and prescribe dangerous and controlled substances to patients for anesthesia and anesthesia-related services. Under section 157.058, a CRNA pursuant to the physician’s order and in accordance with facility policies or bylaws may select, obtain, and administer those drugs appropriate to accomplish the order. The physician’s order for anesthesia or anesthesia-related services is not required to specify a drug, dose, or administration technique.
As previously stated, the Nursing Act describes what a CRNA can do in regard to anesthesia. However, the delegating physician or facility can limit what a CRNA is allowed to provide under a PAA or Standing Order, despite what may be allowed under Nursing Board rules and regulations.
While AAs are not allowed to select drugs, determine dose, or administration technique for anesthesia or anesthesia-related services without specification by the supervising physician through an order, they perform many of the other same key duties performed by CRNAs. These duties include conducting preoperative physical exams, administering medications, evaluating and responding to life-threatening situations, setting up external and internal monitors, and implementing general and site-specific anesthetic techniques.
Another area of concern relates to handing-off patient care from CRNAs to AAs. RNs have the authority to delegate certain nursing tasks to unlicensed individuals; however, a CRNA and AA do not have any specific delegation authority concerning anesthesia tasks. A physician has the authority to delegate the process of anesthesia-related patient care, including the transfer or hand-off of care from a CRNA to an AA through an order (standing or patient-specific) or protocol. A CRNA or AA cannot set-up or independently delegate a hand-off or step-down process.
While the Nursing Act places responsibility for patient hand-off on a CRNA, if the physician orders a hand-off process from CRNA to AA, and this is memorialized in orders, protocols, etc., then the CRNA does not have the authority to determine the AA is not competent. The reason is that the physician has already made the determination of competency under Chapter 157.001.
Because the CRNA’s authority also arises through the delegating physician, and is not independent of that physician, a CRNA cannot override a physician Order related to this hand-off scenario. If this hand-off became an issue, the CRNA would have a defense (absolute) because the physician has already determined the competency of the AA to accept this patient.
“... tten request by mail, fax or email to: Texas Medical BoardAttn: Registration DepartmentP.O. Box 2029 MC 240Austin, TX 78768 fax - (888) 512-2581 ”
How do I verify what level of OBA services an individual is registered for?
Verifications of OBA registration are available on request. Please submit a written request by mail, fax or email to:
Texas Medical Board
Attn: Registration Department
P.O. Box 2029 MC 240
Austin, TX 78768
fax - (888) 512-2581
“... need to complete at least 24 hours of continuing medical education each year, at least half of which must be in formal courses. One hour of formal CME must be in medical ethics and/or professional responsibility. A physician must report on the registration form if she or he has completed the requir ... ”
Is a physician required to complete CME to register a license?
Yes. Physicians need to complete at least 24 hours of continuing medical education each year, at least half of which must be in formal courses. One hour of formal CME must be in medical ethics and/or professional responsibility. A physician must report on the registration form if she or he has completed the required CME. However, newly licensed physicians are exempt from the CME requirements the first time they register.
“Yes. You can search all license types, or select the individual license/permit type of your choosing by using the “License Type” drop down menu, and then entering in the name or TMB License/Permit #.Disciplinary actions for these licenses and permits available at: http://www.tmb.state.tx ... ”
Will the “Look up a License” system verify a MRT, RCP, Medical Physicist or Perfusionist?
Yes. You can search all license types, or select the individual license/permit type of your choosing by using the “License Type” drop down menu, and then entering in the name or TMB License/Permit #.
Disciplinary actions for these licenses and permits available at: http://www.tmb.state.tx.us/page/DSHS-Transferred-Licenses
“... sciplinary/Enforcement Actions tab labeled “Medical Radiologic Technologist”. ”
How do I verify disciplinary action on a MRT or LMRT?
Disciplinary actions for MRTs and LMRTs are available at: http://www.tmb.state.tx.us/page/DSHS-Transferred-Licenses under the Disciplinary/Enforcement Actions tab labeled “Medical Radiologic Technologist”.
“... ice 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 ... ”
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.
“... clinics do not apply to the following settings: a medical or dental school or an outpatient clinics associated with a medical or dental school; a hospital, including any outpatient facility or clinic of a hospital; a hospice established under 40 TAC §97.403 (relating to Standards Specific to Ag ... ”
Who does not need to register a pain management clinic?
Regulations regarding the registration and operation of pain management clinics do not apply to the following settings:
Note: The TMB cannot give legal advice. Please consult an attorney if you have questions regarding whether or not your clinic meets one of the exemptions listed above. However, the Board does have inspection authority, and owners of clinics that have not been properly registered can be investigated.
“... exas 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 clini ... ”
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.
“Per Board Rule 195.4(e), the medical director or owner/operator of the pain management clinic, must on annual basis, ensure all personnel are properly licensed and, if applicable, have the requisite training to include 10 hours of continuing medical education (CME) annually in the area of pain manag ... ”
What are the continuing education requirements for pain management clinics?
Per Board Rule 195.4(e), the medical director or owner/operator of the pain management clinic, must on annual basis, ensure all personnel are properly licensed and, if applicable, have the requisite training to include 10 hours of continuing medical education (CME) annually in the area of pain management. This CME requirement applies to all personnel providing medical services to the patients (including, but not limited to: PAs, x-ray techs, phlebotomists, RNs, MAs, etc.). Office staff, such as managers, janitors, etc. who do not provide medical services, would not be required to meet the CME requirement, but would need to be listed in response to a pain clinic audit which requires listing all clinic personnel for that clinic. Documentation of the completed CME course shall be required to be made available upon request by Board Staff, including, but not limited to, during an on-site audit of the clinic, or during the certificate renewal process. The Board does have the authority to conduct audits and inspections at clinics to ensure compliance with all requirements and regulations pertaining to registered pain clinics, including audits of CME training as required.
“... te that APRNs and PAs may order or prescribe this equipment provided all requirements for delegation of prescriptive authority are met. ”
Is prescriptive authority required to order durable medical equipment (DME)?
Yes. SB 406 clarified that it is necessary to have prescriptive authority to order these devices. In the past, it was not clear to DME suppliers that APRNs and PAs had this authority. The changes to the law as a result of the passage of SB 406 clearly indicate that APRNs and PAs may order or prescribe this equipment provided all requirements for delegation of prescriptive authority are met.
“... at which the physician’s delegates provide medical services may be an important factor in determining the quality of the physician’s supervision. ”
How many miles from my delegating physician can my practice site be?
SB 406 eliminated site based prescriptive authority. The law is silent regarding the practice location of the physician and its proximity to the practice site of the APRN or PA. That said, there has been no change in the law that requires that a physician must provide adequate supervision of delegates. In any given case, the distance between a physician’s primary practice and the practice site at which the physician’s delegates provide medical services may be an important factor in determining the quality of the physician’s supervision.
“... elegation requires adequate supervision under the Medical Practice Act. As such, a physician delegating to an APRN or PA must adequately supervise those individuals. An individual physician may serve in both the supervising and delegating role and does not need to be physically present a ... ”
What are the Texas Medical Board’s requirements for a physician who delegates to an APRN or PA?
All prescriptive delegation requires adequate supervision under the Medical Practice Act. As such, a physician delegating to an APRN or PA must adequately supervise those individuals. An individual physician may serve in both the supervising and delegating role and does not need to be physically present at all times to be considered to have adequate supervision.