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“... nbsp;| PDF | Word
Chapter 160 -
Report and Confidentiality Requirements: HTML | PDF | Word
Chapter 162 -
Regulation of Practice of Medicine: HTML | PDF | Word
Chapter 163 -
District Review Committees: HTML | PDF |&nb ... ”
“... e made by physicians.
162.001(b) Biennial Report Instructions Checklist
162.001(b) Biennial Recertification application
The second type of organization is referred to as a 162.001(c) in the Texas Occupations Code. Characteristics:
Is organized as nonprofit corporation.
Is organized ... ”
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Phone: 1-800-248-4062
(Toll-free in Texas only) ”
“... in the Litigation Department prepare disciplinary action cases and represent the Board in informal settlement conferences/show compliance hearings or before administrative law judges. Board litigation staff only addresses legal concerns related to pending cases.
Phone: (512) 305-7070
Fax: (512) 305- ... ”
“... inancial Data Reports
TMB FY 24 Nonfinancial Data Report
TMB FY 23 Nonfinancial Data Report
TMB FY 22 Nonfinancial Data Report
TMB FY 21 Nonfinancial Data Report
TMB FY 20 Nonfinancial Data Report
TMB FY 19 Nonfinancial Data Report
TMB FY 18 Nonfinancial Data Report
... ”
“... n their websites.
TMB FY 24 Annual Internal Audit Report
TMB FY 23 Internal Audit Plan
TMB FY 23 Annual Internal Audit ReportTMB FY 22 Internal Audit Plan
TMB FY 22 Annual Internal Audit Report
TMB FY 21 Internal Audit Plan
TMB FY 21 Annual Internal Audit Report
TMB FY 20 Internal Audit Plan
... ”
“... nses held not subject to any type of disciplinary action
Good moral and professional character
Mentally and physically able to function safely as a PA
Passage of the jurisprudence (JP) exam
Demonstrates current clinical practice as a physician assistant within the last 3 years from date of applicati ... ”
“... mit Holders and Program Directors are required to report certain situations, actions or events to the Board. The forms for reporting are found in the quick links to the left.
PIT permit holders must report the following to the Board within 30 days:
(1) an investigation or disciplinary action by any ... ”
“... cian / PA
Institutional Review Board (IRB) Annual Report
”
“... cian profile display a description of any medical malpractice lawsuit against the physician where the physician was found liable, a jury awarded monetary damages to the claimant, and the award has been determined to be final and not subject to further appeal.
This section of the ph ... ”
“... luntary charity care status must still obtain and report continuing medical education, except that the number of credits of informal CME is reduced from 24 credits to 20 credits per biennium.
To request voluntary charity care status, complete and return the voluntary charity care request form ... ”
“... l Holidays, they must work the hours they did not report to work during the holiday within the same fiscal year taken. Please see Holiday Listing link below for the listing of observed holidays.
Leave
State employees begin earning sick and vacation leave immediately upon employment with ... ”
“... Management Best Practices Inter-Agency Task Force Report
The Pain Management Best Practices Inter-Agency Task Force (Task Force) was convened by the U.S. Department of Health and Human Services in conjunction with the U.S. Department of Defense and the U.S. Department of Veterans Affairs with the Of ... ”
“... icial-looking letterhead demanding money or other action (click here for an example of a fake letter).
Please know the TMB staff would never call and discourage individuals from contacting lawyers, make requests for sensitive information over the phone or send demand letters for money to reinstate l ... ”
“... is licensed under, may be subject to disciplinary action for violation of the above referenced statute.Name Change Request Form (PDF)
Health Care Liability Claims Report Form
As required under Texas Occupations Code Chapter 160.052, REPORT FROM INSURER OR PHYSICIAN. (a) Each insurer shal ... ”
Description: Press Release February 06, 2007 A (PDF File)
Document: ... s a continuing threat to the public welfare.
The action was based on Dr. Farber's impairment due to his own drug and alcohol abuse, and on nontherapeutic prescribing to patients with whom he also had personal relationships, including a patient with a history of drug abuse, to whom he prescribed alp ...
Description: Press Release February 09, 2005 (PDF File)
Document: ... tate Board of Medical Examiners took disciplinary action against 27 licensed physicians, who received one or more of the following actions: five surrenders/revocations; six suspensions, with four stayed and probated;10 restrictions; five public reprimands; and 11 administrative penalties totaling $1 ...
Description: Press Release February 06, 2006 (PDF File)
Document: ... r, the Texas Medical Board has taken disciplinary action against 36 licensed physicians. Actions included seven violations based on quality of care; three actions based on impairment involving drugs or alcohol; two actions based on inappropriate conduct involving physician-patient relationships; six ...
Description: Press Release February 10, 2009 A (PDF File)
Document: ... eeting, the Texas Medical Board took disciplinary action against 32 licensed physicians; in addition, the board has issued one temporary suspension since its last meeting. The actions included 11 violations based on quality of care; seven actions based on unprofessional conduct; one mediated agreed ...
Description: Press Release February 11, 2004 (PDF File)
Document: ... tate Board of Medical Examiners took disciplinary action against 34 licensed physicians, who received one or more of the following actions: nine surrenders/revocations, with one stayed under certain terms and conditions; five suspensions, with three stayed under certain terms and conditions; four re ...
Description: Press Release February 11, 1999 (PDF File)
Document: ... on 1-28-99. The physician s license was revoked. Action due to conviction of felony or crime involving moral turpitude, unprofessional conduct, and practice inconsistent with public health and welfare. Action will not be final until all appeals have been exhausted. Bowles, Theodore A. Jr., D.O., Sa ...
Description: Press Release February 13, 2003 (PDF File)
Document: ... tate Board of Medical Examiners took disciplinary action against 32 licensed physicians, who received one or more of the following actions: four surrender/revocations; three suspensions, of which one was stayed and probated under various terms and conditions; four restrictions; and eight public repr ...
Description: Press Release February 13, 2004 (PDF File)
Document: ... t remains in effect until the board takes further action.
The Texas State Board of Medical Examiners, the state agency that regulates physicians, physician assistants, surgical assistants and acupuncturists, provides consumer protection through licensure, investigation and disciplinary action. The ...
Description: Press Release February 15, 2007 A (PDF File)
Document: ... s a continuing threat to the public welfare.
The action was based on the following information: Dr. Salmond is alleged to have pulled a gun on three people outside an Austin motel in June, 2005, after which he was arrested and charged with deadly conduct. This criminal matter remains pending. In Ju ...
Description: Press Release February 15, 2008 A (PDF File)
Document: ... gh of more than 90 before last year's legislative action to increase agency staff and resources to improve licensure processing times. Also at its February 7-8 meeting, the Texas Medical Board took disciplinary action against 50 licensed physicians. Actions included 15 violations based on quality of ...
Description: Press Release February 16, 2011 (PDF File)
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. Chapter 187: Procedural Rules, amendment to §187.8, relating to ...
Description: Press Release February 17, 2010 (PDF File)
Document: ... g, the Texas Medical Board has taken disciplinary action against 70 licensed physicians. The actions included one temporary suspension; 21 violations based on quality of care; five actions based on unprofessional conduct; four nontherapeutic prescribing violations; 17 actions based on inadequate med ...
Description: Press Release February 18, 2005 (PDF File)
Document: ... through licensure, investigation and disciplinary action. The Board, under President Lee S. Anderson, M.D., and Executive Director Donald W. Patrick, M.D., J.D., and mandated by Senate Bill 104 of the 78th Legislature, is strengthening and accelerating the disciplinary process for licensees who fail ...
Description: Press Release February 18, 1998 (PDF File)
Document: ... otherwise competent to safely practice medicine. Action due to intemperate use of alcohol or drugs, unprofessional or dishonorable conduct, and impairment due to illness or chemical abuse. Brooks, Jesse Miles, M.D., Atlanta, TX, Lic. #B5748 An agreed order was entered 2-7-98 suspending the physicia ...
Description: Press Release February 21, 2007 A (PDF File)
Document: ... eeting, the Texas Medical Board took disciplinary action against 41 licensed physicians.
Actions included seven violations based on quality of care; three actions based on unprofessional conduct; one action based on inappropriate conduct involving physician-patient relationships; seven actions base ...
“... 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.