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“... 5 degrees.
(2) A Utility Assessment Report (UAR) or a Preliminary Energy Audit (PEA).
The TMBis not funded to conduct energy audits nor does the agency have access to the information that is required to conduct these audits. It is expected that these types of feasibility studies are co ... ”
“... ormal, category I or 1A courses. A physician must report during registration if she or he has completed the required CME. However, newly licensed physicians are exempt from the CME requirement the first time they register.
Documentation of CE courses shall be made available to the Board upon r ... ”
“... ectronic filing, the Texas Medical Board may take action based on the violation. (See Tex. Health and Safety Code, §193.005)
Texas Electronic Vital Events Registrar (TxEVER) supports all vital events operations, including reporting, registration, and amendments of births a ... ”
“... ds shall automatically be placed, without further action necessary by any member board, on the same status. If the member board in the state of principal license subsequently reinstates the physician's license, a license issued to the physician by any other member board shall remain encumbered until ... ”
“... cal 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.
IMPORTANT: ... ”
“... the Texas Department of Public Safety. Resulting action, if any, will be reported under the Current Actions section above, or in the Board Action Search ”
“... 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. ”
“... directed by Governor Abbott’s Texas Safety Action Report issued on September 12, 2019, the Texas Medical Board would like to remind its licensees that Section 611.004(a)(2) of the Texas Health and Safety Code authorizes physicians, and persons licensed or certified by the state of Texas to di ... ”
“... nbsp; A copy of the NPDB/HIPDB self-query results report (if applicable)
Upon receipt of your request, accompanied by the required documentation and fee, the Licensure Department will evaluate the documentation and provide written confirmation of approval or an explanation as to why t ... ”
“In order to receive TMB publications, including news releases and other notices, please enter your email address below. All releases and publications are also available under the News Publications link.
After entering your email address below and clicking “Join Now,” you will be pro ... ”
“... garding whether or not your entity is required to report. However, the owners of entities that have not been properly reported can be investigated.
”
“... n a Minor
Health Care Liability Claims Report - Updated
Institutional Review Board (IRB) Annual Report
NEW - Physician Profile Update Request Form
”
“... actions; delegate tasks to other committees; take action on urgent matters that may arise between Board meetings; review contract negotiations; review staff reports regarding finances and the budget.
Finance Committee
This committee reviews staff reports regarding finances and the budget; presents b ... ”
“... ectronic filing, the Texas Medical Board may take action based on the violation. (See Tex. Health and Safety Code, §193.005)
Texas Electronic Vital Events Registrar (TxEVER) supports all vital events operations, including reporting, registration, and amendments of births and death records.
To r ... ”
“... tion/Contact Form
Compromise of Medical Judgement Report Form
The bill requires that a hospital directly hiring physicians appoint a chief medical officer and put in place policies to ensure that a physician employed by the hospital exercises the physician's independent medical judgment in p ... ”
Description: Rule Changes August 20, 2009
Document: ... le citations in the Professional Liability Claims Report; and §185.26, Voluntary Surrender of Physician Assistant License, updates the language to correctly reflect the title of Chapter 196 of Title 22 of the Texas Administrative Code. http://www.sos.state.tx.us/texreg/archive/July312009/adopted/22. ...
Description: Rule Changes August 10, 2008
Document: ... new rule regarding the "Duties of PIT Holders to Report"; §171.6, Duties of Program Directors to Report, extends from 7 days to 30 days for program directors to report certain matters to the Board, requires reporting of all participants in the training programs, and deletes requirement for annual r ...
Description: Rule Changes July 04, 2012
Document: ... ndment adds that the Board will take disciplinary action if the physician is in violation of §170.002 or Chapter 171, Texas Health and Safety Code. Effective July 8, 2012: CHAPTER 198 STANDARDS FOR USE OF INVESTIGATIONAL AGENTS 22 TAC §198.1 - 198.3 The amendments to §198.1, relating to Purpose, est ...
Description: Rule Changes July 03, 2007
Document: ... ry surrender that is not involved in disciplinary action or impairment to Relinquishment.
Chapter 198, Unlicensed Practice, proposed amendments to 198.1 - 198.7, to establish a procedure for cease and desist orders.
Description: Rule Changes June 28, 2011
Document: ... due to a force majeure, the Committee must defer action until the Committee's next scheduled meeting, yet the provisional license is set to expire before that next Committee meeting will occur. http://www.sos.state.tx.us/texreg/archive/June242011/adopted/22.EXAMINING%20BOA RDS.html#353 Chapter 173, ...
Description: Rule Changes May 06, 2009
Document: ... reviewing standard of care cases and providing a report to the board. http://www.sos.state.tx.us/texreg/archive/May12009/adopted/22.EXAMINING%20BOARDS.ht ml#100 183, Acupuncture, with amendments to §183.2, Definitions, recognize acupuncture schools in the United States or Canada that have been appr ...
Description: Rule Changes May 05, 2011
Document: ... dical Board (Board) adopts new §166.7, concerning Report of Impairment on Registration Form. The new section provides that if a licensee has an impairment that affects a licensee's ability to actively practice medicine, the licensee shall be given the opportunity to place the license on retired stat ...
Description: Rule Changes March 09, 2009
Document: ... f 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 February 28, 2011
Document: ... t to §171.5, relating to Duties of PIT Holders to Report, clarifies that fines, citations, or violations that are over $250 must be reported, excluding traffic tickets unless the traffic violations relate to the use of alcohol or drugs. http://www.sos.state.tx.us/texreg/archive/February252011/adopte ...
Description: Rule Changes January 25, 2006
Document: ... rds for consideration of appropriate disciplinary action and providing that the Board will consider whether the violation relates directly to patient care or involves only an administration penalty; add detail to standard sanctions for quality of care violations. Chapter 193, Standing Delegation Ord ...
Description: Rule Changes December 22 and 25, 2011
Document: ... lans. The amendment to §187.20, relating to Board Action on Agreed Orders, includes references to remedial plans. The amendment to §187.24, relating to Pleadings, provides that in cases where applicants for licensure appeal ineligibility determinations, the applicants are responsible for filing peti ...
Description: TEXAS STATE BOARD OF PHYSICIAN ASSISTANT EXAMINERS DISCIPLINARY AND ETHICS COMMITTEE MEETING MINUTES August 1, 2003
Document: ... dered. This was an informational item only and no action was necessary. Agenda item #3, regarding review of probationers appearances and Agenda item #4 regarding review of selected investigative files and cases recommended for dismissal by Informal Settlement Conference/Show Compliance proceedings o ...
Description: TEXAS STATE BOARD OF PHYSICIAN ASSISTANT EXAMINERS BOARD MEETING MINUTES APRIL 26, 2002
Document: ... tems #3 and #4, regarding the Executive Directors report and legislative communication, were next. Mr. Walker and Ms. Garanflo reported on budget issues and passed out information regarding legislative communication. The board members were encouraged to inform staff of their legislative contacts. Ag ...
Description: TEXAS STATE BOARD OF PHYSICIAN ASSISTANT EXAMINERS LICENSURE COMMITTEE MEETING MINUTES APRIL 26, 2002
Document: ... ing licensure applications, possible disciplinary action and/or possible rehabilitation order under the authority of the Open Meetings Act, GOV'T CODE, §551.071; and the Medical Practice Act, TEX. OCC. CODE ANN., §152.009; and the Physician Assistant Licensing Act, TEX. OCC. CODE ANN., §§204.208, 20 ...
Description: TEXAS STATE BOARD OF PHYSICIAN ASSISTANT EXAMINERS BOARD MEETING MINUTES AUGUST 1, 2002
Document: ... tive session. Agenda item #3, Executive Directors report, was next. Mr. Walker reported that the newly created Office of Patient Protection now requires the agency to collect a fee, which will necessitate an increase in physician assistant renewal fees. Mr. Walker also reported on staff reassignment ...
“... 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.
“... 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 i ... ”
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.
“... r 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. ... ”
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.
“... amination history, ECFMG certification, and board action history. This information is verified by the FCVS and maintained as a primary source record of a physician's credentials. FCVS will send a standard portfolio to state boards, hospitals, managed care plans, or professional societies at the appl ... ”
What is FCVS? What information do they collect? Would this service benefit my physician licensure application?
The Federation Credentials Verification Service (FCVS) is a service created by the Federation of State Medical Boards to streamline the credentialing and licensing process. FCVS is not a requirement for Texas licensure and is in no way a guarantee of licensure or of an expedited application process in Texas. FCVS will be of the greatest benefit to an applicant who is applying from a school that will not issue multiple sets of documents or will be applying to several other states in addition to Texas. The Federation of State Medical Boards collects information regarding an applicant's identity, medical education, postgraduate training, licensure examination history, ECFMG certification, and board action history. This information is verified by the FCVS and maintained as a primary source record of a physician's credentials. FCVS will send a standard portfolio to state boards, hospitals, managed care plans, or professional societies at the applicant's request. Please note that the Texas Medical Board may require additional documentation in place of or in addition to the documentation provided within the FCVS packet. Please contact the Federation of State Medical Boards directly concerning service fees and processing times.
“All entities in which a physician assistant has an ownership interest, in which the physician assistant performs a professional service that falls within the scope of physician assistant practice, must register annually, regardless of percent of ownership or when they were formed. ... ”
Who has to report a joint ownership, or physician assistant ownership interest?
All entities in which a physician assistant has an ownership interest, in which the physician assistant performs a professional service that falls within the scope of physician assistant practice, must register annually, regardless of percent of ownership or when they were formed.
“Yes. All entities in which a physician assistant has an ownership interest, in which the physician assistant performs a professional service that falls within the scope of physician assistant practice, must register annually, regardless of percent of ownership or when they were formed. ... ”
Do I have to report a joint ownership or physician assistant ownership interest even if my business was formed prior to the implementation of this statute?
Yes. All entities in which a physician assistant has an ownership interest, in which the physician assistant performs a professional service that falls within the scope of physician assistant practice, must register annually, regardless of percent of ownership or when they were formed.
“... garding whether or not your entity is required to report. However, the owners of entities that have not been properly reported can be investigated. ”
How does HB 2098 affect my pain management clinic ownership?
HB 2098 has no effect on the requirement that pain management clinics be owned by physicians. HB 2098, enacted by the 82nd Legislature, allows entities to be jointly owned by physicians and physician assistants subject to certain limitations, including percent of ownership by physician assistants. Tex. Occ. Code, Sec. 167.102(a), requires that a pain management clinic be owned and operated by physicians practicing in Texas under an unrestricted license. An ownership interest by anyone other than a physician is not allowed. Note: The TMB cannot give legal advice. Please consult an attorney if you have questions regarding whether or not your entity is required to report. However, the owners of entities that have not been properly reported can be investigated.
“... /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. ”
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.
“... tion 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 i ... ”
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.
“... cted; 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 ... ”
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.
“... equested 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.
“... ned 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 i ... ”
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.
“... e provider may maintain a copy of the PMP history report in the patient’s medical record. There is no specific method required for documenting that the PMP has been checked prior to issuing a prescription. Certain electronic medical record systems, for example, may provide other wa ... ”
May I maintain a copy of the PMP history report in the patient’s medical record?
Yes. The provider may maintain a copy of the PMP history report in the patient’s medical record. There is no specific method required for documenting that the PMP has been checked prior to issuing a prescription. Certain electronic medical record systems, for example, may provide other ways to document that the review has been completed.
“The TMB cannot tell providers how to use the information they obtain through the PMP check. Providers should follow the standard of care and utilize the information they gain to make educated and informed prescribing decisions. ”
If I discover a patient is receiving scheduled medication from other physicians, what action must I take? For example, must I immediately terminate the patient or cease prescribing the scheduled medication?
The TMB cannot tell providers how to use the information they obtain through the PMP check. Providers should follow the standard of care and utilize the information they gain to make educated and informed prescribing decisions.