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“... ols in Texas.
AOMA Graduate School of Integrative Medicine
4701 West Gate Blvd. Austin, Texas 78745 Phone: (512) 454-1188 Fax: (512) 454-7001 www.aoma.edu
American College of Acupuncture and Oriental Medicine
9100 Park West Drive Houston, Texas 77063 Phone: (713) 780-9777 Fax: (713) 781-5781 www.aca ... ”
“An Administrative Medicine license is a limited license that allows physicians to use the medical and clinical knowledge, skill, and judgment of a fully licensed physician in ways which may affect the health and safety of the public or any person.
It does not include the authority to
&n ... ”
“... of excellence used in regulating the practice of medicine and ensuring quality health care for the citizens of Texas through licensure, discipline, and education”.
TMB is dedicated to a workplace that values differences and respect of each other at all levels of the organization. We believe i ... ”
“In medicine and in lay language, the term “board-certified” is widely understood to mean a doctor who possesses exceptional expertise in a particular area.
To protect the public, the Texas Medical Board (TMB) has taken steps to standardize what “board certified” means under T ... ”
“... O., or equivalent degree;
be licensed to practice medicine in another state or a Canadian province, or have completed at least two years of postgraduate residency (not limited to the United States);
have passed the Texas Medical Jurisprudence Examination (see the link to the left for more informatio ... ”
“... or institutions studying, teaching, or practicing medicine or acting as a physician assistant;
delivering health care to the public; or
& ... ”
“... dical license to qualified physicians to practice medicine in Texas. Applicants who do not qualify for a full medical license may qualify for a limited license or permit. The Licensure Department of the Texas Medical Board is committed to furthering the mission of the Board by ensuring q ... ”
“... olleges
Texas Medical Schools
Baylor College of Medicine (Houston)
Texas A&M University Health Science Center
Texas Tech University Health Sciences Center
Texas Tech University Health Sciences Center at El Paso
University of Houston College of Medicine
University of Texas at Austin Dell Medica ... ”
“... rovided that nine physician members be doctors of medicine, three be doctors of osteopathy, and that three public members be added.
In 1993, three additional public members were added, bringing the total to 18. In 2003, an additional public member was added, bringing the board to its current t ... ”
“... te statute, including: regulating the practice of medicine in Texas through registration of physicians; determining a physician’s eligibility for licensure; conducting investigations based on complaints filed against physicians; and exercising authority to cancel, revoke, suspend, or otherwise ... ”
“... from the prohibition of the corporate practice of medicine to include a hospital in a county with a population of less than 50,000, a hospital designated as a critical access hospital, or a hospital that is a sole community hospital.
”
“... sp;| Word
Chapter 155 -
License to Practice Medicine: HTML | PDF | Word
Chapter 156 -
Registration of Physicians: HTML | PDF | Word
Chapter 157 -
Authority of Physician to Delegate Certain Medical Acts: HTML | PDF | ... ”
“... cians must be actively engaged in the practice of medicine.
The administrative side of the corporation may be handled by non-physician officers, but all medical decisions and the overall medical policies of the organization must be made by physicians.
162.001(b) Biennial Report Instructions ... ”
“... cians must be actively engaged in the practice of medicine.
The administrative side of the corporation may be handled by non-physician officers, but all medical decisions and the overall medical policies of the organization must be made by physicians.
162.001(b) Initial - Instructions, Check ... ”
“... ermit is restricted to the supervised practice of medicine that is part of the training or fellowship program.
Faculty Temporary License allows physicians who do not meet all the requirements for full licensure, but who have the expertise to educate Texas medical students, residents, and fellows, to ... ”
Description: Rule Changes May 05, 2011
Document: ... affects a licensee's ability to actively practice medicine, the licensee shall be given the opportunity to place the license on retired status, convert the license to an administrative medicine license, cancel the license, or be referred to the Texas Physician Health Program. http://www.sos.state.tx ...
Description: Rule Changes March 07, 2012
Document: ... , relating to Exceptions to Corporate Practice of Medicine Doctrine, consistent with SB 894 (82nd Regular Legislative Session), provides that physicians have certain rights when employed by a hospital that provides professional liability coverage.
Description: Rule Changes April 16, 2008
Document: ... as providing an exclusive penalty for practicing medicine after the expiration of a permit and within one year. Chapter 167, Reinstatement and Reissuance, in addition to nonsubstantive changes, the changes to Chapter 167 amend the process for the application for the request for reissuance of a revo ...
Description: Rule Changes April 27, 2003
Document: ... ysicians Practicing Complementary and Alternative Medicine (Note: new title). Rule review and amendments to §§200.1-.2 for general cleanup of the chapter.
Description: Rule Changes February 28, 2011
Document: ... s applicants for an expedited license to practice medicine to submit proof of eligibility for a visa immigration waiver. http://www.sos.state.tx.us/texreg/archive/February252011/adopted/22.EXAMINING%20 BOARDS.html#235 Chapter 171: Postgraduate Training Permits, amendment to §171.2, relating to Const ...
Description: Rule Changes January 22, 2009
Document: ... of law to show competence and safety to practice medicine as a requirement for terminating suspension. Chapter 190 Disciplinary Guidelines, amending 190.1, Purpose, adds reference to statutory authority for the board to adopt rules regarding disciplinary guidelines, and 190.14, Disciplinary Sanctio ...
Description: Rule Changes December 22 and 25, 2011
Document: ... 7, concerning Exceptions to Corporate Practice of Medicine Doctrine, sets out exceptions to the corporate practice of medicine doctrine that prohibits physicians from being directly employed by nonphysicians. http://www.sos.state.tx.us/texreg/archive/December162011/adopted/22.EXAMIN ING%20BOARDS.htm ...
Description: Press Release January 6, 2011
Document: ... cal degree from the University of Miami School of Medicine. Gage-White interned at Mount Sinai Medical Center in Miami and completed her residency in otolaryngology at the University of Iowa Hospital and Clinics. She has been affiliated with Louisiana State University Health Sciences Center for 25 y ...
Description: Press Release January 18, 2011 (PDF File)
Document: ... g that Dr. Ward's continuation in the practice of medicine presents a continuing threat to the public welfare. The suspension is effective immediately. The Order of Temporary Suspension (Without Notice of Hearing) was based on Dr. Ward's operation of a pain management clinic, Tejas Urgent Care Clini ...
Description: Press Release January 11, 2007 (PDF File)
Document: ... that Dr. Williams continuation in the practice of medicine presents a continuing threat to the public welfare.
The action was based on the following: Dr. Williams was arrested and charged with assault/family violence on March 6 and May 29, 2006. He pled guilty to charges of assault/family violence ...
Description: Press Release January 16, 2011 (PDF File)
Document: ... cal degree from the University of Miami School of Medicine. Gage-White interned at Mount Sinai Medical Center in Miami and completed her residency in otolaryngology at the University of Iowa Hospital and Clinics. She has been affiliated with Louisiana State University Health Sciences Center for 25 y ...
Description: Press Release January 22, 2009 A (PDF File)
Document: ... hat Dr. Coleman's continuation in the practice of medicine presents a continuing threat to the public welfare. The action was based on the panel's findings of violations of an Agreed Order of August 29, 2008, which required, among other provisions, that Dr. Coleman abstain from the consumption of pr ...
Description: Press Release January 24, 2005 (PDF File)
Document: ... that Dr. Elder's continuation in the practice of medicine presents a continuing threat to the public welfare. Dr. Elder's license was temporarily suspended without notice on December 3. Today's hearing was a temporary suspension with notice as required by provisions of S.B. 104, which allowed the b ...
Description: Press Release January 25, 2003 (PDF File)
Document: ... ing or improperly treating or failure to practice medicine in an acceptable manner; and the board orders provide sufficient findings and conclusions to verify that the action was a result of standard of care issues. There are other actions related to patient care not included in this conservative de ...
Description: Press Release January 27, 2011 (PDF File)
Document: ... that Dr. Desai's continuation in the practice of medicine constitutes a continuing threat to the public welfare. The Board's action was based on the finding that Dr. Desai, Lic. No. J1649, engaged in a pattern of inappropriate conduct towards patients and/or their family members. Specifically, the ...
“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.
“... ification Commission for Acupuncture and Oriental Medicine (formerly NCCA) http://www.nccaom.org/ 11 Canal Center Plaza Suite 300 Alexandria, VA 22314 (703) 548-9004 The Council of Colleges of Acupuncture and Oriental Medicine (CCAOM) http://www.ccaom.org/ 3909 National Drive, Suite 125 Burtonsville ... ”
What is the contact information for the NCCAOM (formerly NCCA), CCAOM, and ACAOM (formerly NACSCAOM)?
Contact information for certifying organizations is as follows: National Certification Commission for Acupuncture and Oriental Medicine (formerly NCCA) http://www.nccaom.org/ 11 Canal Center Plaza Suite 300 Alexandria, VA 22314 (703) 548-9004 The Council of Colleges of Acupuncture and Oriental Medicine (CCAOM) http://www.ccaom.org/ 3909 National Drive, Suite 125 Burtonsville, MD 20866 301-476-7790 (ph) 301-476-7792 (fax) Accreditation Commission for Acupuncture and Oriental Medicine (formerly NACSCAOM) http://www.acaom.org/ Maryland Trade Center #3 7501 Greenway Center Court Suite 820 Greenbelt, MD 20770 (301) 313-0855
“AOMA Graduate School of Integrative Medicine https://www.aoma.edu 4701 West Gate Blvd Austin, Texas 78745 Phone: (512) 492-3017 Fax: (512) 454-7001 American College of Acupuncture and Oriental Medicine http://www.acaom.edu/ 9100 Park West Drive Houston, Texas 77063 Phone: (713) 780-9777 Texas Health ... ”
What acupuncture schools in Texas are accredited or in the candidacy process to become accredited?
AOMA Graduate School of Integrative Medicine https://www.aoma.edu 4701 West Gate Blvd Austin, Texas 78745 Phone: (512) 492-3017 Fax: (512) 454-7001 American College of Acupuncture and Oriental Medicine http://www.acaom.edu/ 9100 Park West Drive Houston, Texas 77063 Phone: (713) 780-9777 Texas Health and Science University (formerly Texas College of Traditional Chinese Medicine) http://www.thsu.edu/ 4005 Manchaca Road, Suite 200 Austin, Texas 78704 Phone: (512) 448-9999 Fax: (512) 444-6345
“... ry 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.
“... older is restricted to the supervised practice of medicine that is part of and approved by the training program. The permit does not allow for the practice of medicine that is outside of the approved program. ”
Can I moonlight with a PIT permit?
No, a physician-in-training permit holder is restricted to the supervised practice of medicine that is part of and approved by the training program. The permit does not allow for the practice of medicine that is outside of the approved program.
“A Family Medicine resident could reasonably be approved by his or her program director to internally moonlight with a PIT permit in the ER, maternity ward, or ambulatory clinic. An Internal Medicine resident could reasonably be approved by his or her program director to internally moonlight in the E ... ”
What are some examples of acceptable internal moonlighting under a PIT permit for training areas related to the specialty?
A Family Medicine resident could reasonably be approved by his or her program director to internally moonlight with a PIT permit in the ER, maternity ward, or ambulatory clinic. An Internal Medicine resident could reasonably be approved by his or her program director to internally moonlight in the ER, ICU, or on the Critical Care service. However, a Family Medicine or Internal Medicine resident should not internally moonlight with a PIT permit on the Surgery service as it is not related to the specialty.
“... only be concerned with the supervised practice of medicine under a PIT permit. ”
Does conference attendance or observation count as internal moonlighting under a PIT permit?
Not for our purposes. TMB will only be concerned with the supervised practice of medicine under a PIT permit.
“... s 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 dire ... ”
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.
“... this status is not an active license to practice medicine in Texas. However, a licensee with this status has maintained their registration requirements while the license is suspended, and should that suspension be lifted, the license can return to an active status without additional registration re ... ”
This physician’s profile shows “Suspended, Active”. How can a license be suspended and active at the same time?
The registration status “Suspended, Active” is a suspended status. A license in this status is not an active license to practice medicine in Texas. However, a licensee with this status has maintained their registration requirements while the license is suspended, and should that suspension be lifted, the license can return to an active status without additional registration requirements.
“... an would be liable for the unlicensed practice of medicine. ”
Are CRNA’s authorized to practice independent of physician supervision and delegation?
No, neither the Medical Practice Act nor the Nursing Practice Act authorize independent practice by a CRNA. Additionally, Texas Attorney General Opinion No. KP-0266 found “A certified registered nurse anesthetist does not possess independent authority to administer anesthesia without delegation by a physician.” (Page 5). Since the selection and administration of anesthesia is a medical act, CRNAs must be properly delegated this act by a physician. A CRNA who administers anesthesia without proper delegation from a physician would be liable for the unlicensed practice of medicine.