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“... nd rules governing the Texas Medical Board, Texas Physician Assistant Board, Texas State Board of Acupuncture Examiners, Texas Board of Medical Radiologic Technology, and Texas Board of Respiratory Care are located in this section of the website.
In addition, information is provided about ope ... ”
“... ations, click on the following links:
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How do I look up a licensee?
Visit the “Look Up a License” pa ... ”
“... ies, and hospitals in order to inform and educate physician licensees about the regulation of the practice of medicine through physician licensure and enforcement.
Attendees licensed to practice medicine in Texas are eligible to receive credit for one hour of formal ethics CME for TMB registration r ... ”
“... sp;
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“... applications should be submitted in writing.
For Physician applicants – Please use the LIST system to submit your questions.
For MRT, TMRT, LMRT, TLMRT, RCP, TRCP, Perfusionist, and Medical Physicists applicants – Please submit your questions by email to TMBscreenin ... ”
“... licensure.
If you need to change the license type for an application already submitted, Please contact Board staff through the LIST portal to request an update. LIST is available via the following link: https://list.tmb.state.tx.us/Default.aspx. If you are unable to log in, ... ”
“My new Texas License was just issued. How long do I have to take and pass the Jurisprudence (JP) exam and complete the initial registration of my new license?
The JP exam is available to take online through your “My TMB” account. The JP exam must be completed before you can complet ... ”
“... New Licensee Information
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“Each physician licensed to practice medicine in Texas using the Interstate Medical Licensure Compact (IMLC) must complete the Jurisprudence Exam (JP exam) then register his or her license with the Board and pay a registration fee. You must complete the JP exam, initial registration, and ... ”
“... the Board, ranging from a written reprimand to a license revocation. In some instances, the licensee may be placed on probation, or other restrictions may be imposed. Then he or she becomes the responsibility of one of the Board's compliance officers. A compliance officer meets with the probationer ... ”
“Get this from your program before you apply:
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Directly access the application by clicking here: Apply Online ... ”
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Description: TMB suspends Laredo physician (Vela)
Document: ... rily suspended, without notice, the Texas medical license of Mario Jack Vela, M.D. (Lic. No. ), after determining his continuation in the practice of medicine poses a continuing threat to public welfare. The suspension was effective immediately. The Board panel found that Dr. Vela is unable to pract ...
Description: Rule Changes December 30, 2007
Document: ... k here for the complete board rules. Chapter 173, Physician Profiles , amending 173.1, Profile Contents, updating the name of the Board; 173.2, Profile Update and Correction Form, making it a violation for a physician to omit required information from the physician's profile; and 173.5, Updates to t ...
Description: Rule Changes December 23, 1997
Document: ... arding licensure by fifth pathway. Chapter 166.2, Physician Registration amendment to 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 out ...
Description: Rule Changes December 18, 2011
Document: ... 2.EXAMINI NG%20BOARDS.html#252 Chapter 180. TEXAS PHYSICIAN HEALTH PROGRAM AND REHABILITATION ORDERS 22 TAC §180.4 The Texas Medical Board (Board) adopts the amendment to §180.4, concerning Operation of Program, without changes to the proposed text as published in the September 30, 2011, issue of th ...
Description: Rule Changes December 4, 2011
Document: ... rs for purposes of obtaining a full Texas medical license. The amendment to §163.2, relating to Full Texas Medical License for Licensure, establishes an expedited licensure process for applicants who are military spouses in accordance with Senate Bill 1733 (81st Regular Session). The amendment to §1 ...
Description: Rule Changes November 30, 2009
Document: ... er 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 who are f ...
Description: Rule Changes November 30, 2003
Document: ... te Bill 558 of the 78th Legislature. Chapter 166, Physician Registration. Amendments to §§166.1-166.6 regarding biennial registration as mandated by Senate Bill 104. Chapter 171, Postgraduate Training Permits. Amendments to §171.2 regarding qualifications for postgraduate permit holders and temporar ...
Description: Rule Changes November 24, 2010
Document: ... Limited Licenses , amendments to §172.5 Visiting Physician Temporary Permits (VPTP), that provide that applicants for KSTAR VPTPs who have prior or current disciplinary orders from a licensing entity related to professional boundaries or have been convicted of a felony are not eligible for a permit ...
Description: Rule Changes November14, 2000
Document: ... ase of medical records. Chapter 170, Authority of Physician to Prescribe for the Treatment of Pain rule review with no recommended changes. Chapter 171, Institutional Permits - proposed amendments to §171.2 and §171.3 regarding postgraduate resident permits and institutional permits. Chapter 174, Te ...
Description: Rule Changes November 03, 2002
Document: ... k here for the complete board rules. Chapter 173, Physician Profiles. Amendment to §173.3 and repeal of §173.6 that will clarify the rules regarding physician-initiated updates to the profile. Chapter 184, Surgical Assistants. Amendment to §184.6 regarding licensure requirements for surgical assista ...
Description: Rule Changes October 17, 2010
Document: ... the chapter and exempts out-of-state telemedicine license holders, federally qualified health centers, and health insurance help lines from the chapter. The Board has determined that the changes are necessary to have the rules applied to only certain telemedicine providers. Amendments to §174.2, con ...
Description: Rule Changes October 10, 2010
Document: ... ck here for the complete board rule: Chapter 164, Physician Advertising: Amendment to §164.6 concerning Required Disclosures on Websites, moves language from Chapter 174 to Chapter 164 as the section primarily relates to advertising. http://www.sos.state.tx.us/texreg/archive/June252010/adopted/22.EX ...
Description: Rule Changes October 03, 2010
Document: ... icianpatient relationship is not necessary when a physician prescribes medications to a patient's family members if the patient has an illness determined to be pandemic; and (2) unprofessional conduct includes contacting a member of a peer review body for purposes of intimidation in relation to a bo ...
Description: Rule Changes September 28, 2006
Document: ... 175.5, Payment of Fees or Penalties regarding the form of payment accepted for fees and penalties. Chapter 179, Investigations, new 179.8, providing for alcohol and drug screening during an investigation for substance abuse. Chapter 193, Standing Delegation Orders, 193.12 relating to the immunizatio ...
Description: Rule Changes September 27, 2007
Document: ... ity Lawsuits and Settlements; and 176.9 Reporting Form. Provides statutory references to Chapter 74 of the Texas Civil Practices and Remedies Code and Chapters 82 and 1901 of the Insurance Code, and updates name of Texas Medical Board. Chapter 181, Contact Lens Prescriptions, amending 181.2 Definit ...
“... linary 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.
“No. Liability claims are heard in civil court. The TMB does not evaluate or give advice regarding civil liability claims. Note: The TMB cannot give legal advice. Please consult an attorney if you have questions regarding liability claims. ”
Can I file a liability claim through the Medical Board against my physician?
No. Liability claims are heard in civil court. The TMB does not evaluate or give advice regarding civil liability claims. Note: The TMB cannot give legal advice. Please consult an attorney if you have questions regarding liability claims.
“To learn if your physician has been sued, contact the court clerk in the county where your physician practices. Physicians are required to provide a description of any medical malpractice claim to the TMB for publication on the physician profile. ”
To learn if your physician has been sued, contact the court clerk in the county where your physician practices. Physicians are required to provide a description of any medical malpractice claim to the TMB for publication on the physician profile.
“Texas statutes do not require physicians to carry malpractice insurance. However, malpractice insurance is a requirement for privileges at many hospitals. ”
Texas statutes do not require physicians to carry malpractice insurance. However, malpractice insurance is a requirement for privileges at many hospitals.
“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 insuran ... ”
How do I obtain a copy of my medical records?
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.
“... 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 ... ”
What are reasonable fees for medical records?
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.
“... e billing records are specifically requested, the physician is not required to provide copies of billing records as part of the medical records. A physician may charge separate fees for medical and billing records requested. ”
What are reasonable fees for billing records?
Unless the billing records are specifically requested, the physician is not required to provide copies of billing records as part of the medical records. A physician may charge separate fees for medical and billing records requested.
“... ld be directed to the hospital rather than to the physician. Fees for hospital records differ from those records provided by physicians. ”
What are reasonable fees for hospital records?
Requests for records created and kept by a hospital should be directed to the hospital rather than to the physician. Fees for hospital records differ from those records provided by physicians.
“Put your request in writing and send it to the physician’s address listed on the physician’s Profile on the TMB website. You can also contact the TMB to determine if a custodian of records has been reported. If another physician has taken over the practice, the records may also be availa ... ”
My physician closed his office. How do I get my medical records?
Put your request in writing and send it to the physician’s address listed on the physician’s Profile on the TMB website. You can also contact the TMB to determine if a custodian of records has been reported. If another physician has taken over the practice, the records may also be available there.
“... ustodian of records has been reported. If another physician has taken over the practice, the records may be available there. ”
My physician died. How do I get my medical records?
At this time there is no centralized state repository for medical records. Sometimes patients send a written request for records to the doctor’s next of kin or the executor of the doctor’s estate. A patient may also contact the TMB to determine if a custodian of records has been reported. If another physician has taken over the practice, the records may be available there.
“A physician generally has the right to terminate the doctor/patient relationship. The doctor should give adequate notice to the patient and provide required care until the patient has had reasonable time to find a new physician. Adequate notice will depend on the circumstances. ... ”
A physician generally has the right to terminate the doctor/patient relationship. The doctor should give adequate notice to the patient and provide required care until the patient has had reasonable time to find a new physician. Adequate notice will depend on the circumstances.
“It is recommended, but not required, that a physician have a third party such as a staff or family member serve as a chaperone during such an exam. If a chaperone is unavailable, the patient may decline the exam and may wish to consider finding another physician. ... ”
It is recommended, but not required, that a physician have a third party such as a staff or family member serve as a chaperone during such an exam. If a chaperone is unavailable, the patient may decline the exam and may wish to consider finding another physician.
“... 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 si ... ”
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.
“... e 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 physic ... ”
How do I find a new physician?
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:
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.
“... ou 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 ... ”
I was just fingerprinted for another agency. Can you use those fingerprint results?
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.