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“The physician may optionally report descriptions of up to five awards, honors or publications in this section of the physician profile. ”
“... iod, not the calendar year). A permit holder must report during registration if she or he has completed the required CE during the previous two years (biennial registration period).
New Human Trafficking Prevention Requirement
House Bill 2059 (86th Legislature) requires physicians ... ”
“... of that grace period, there will be no delinquent action taken on your license. It is important to ensure that you do not wait until the last few days of your grace period to try and complete the payment portion of this process due to the length of time it takes to receive the payment from the IMLC. ... ”
“... ow will allow a search of any Texas Medical Board action issued (Board order, remedial plan, cease and desist, etc.), issued to physicians, physician assistants, acupuncturists, medical radiologic technologists, non-certified radiologic technicians, respiratory care practitioners, medical physicists ... ”
“... o; refers to any previous or current disciplinary action, as well as limited investigation information as authorized by Sect. 154.054.
Once I have received limited investigation information on a licensee, will the Board notify me of any changes to the investigation status, or the issuance of ... ”
“... ing, or the Internet.
An acudetox specialist must report on the registration permit application if she or he has completed the required continuing education. ”
“... al tool to help them more easily find, track, and report continuing education coursework.
All PHYSICIAN, RESPIRATORY CARE PRACTITIONERS, ACUPUNCTURE, MEDICAL RADIOLOGIC TECHNOLOGISTS, ACUDETOX SPECIALISTS, MEDICAL PHYSICISTS AND SURGICAL ASSISTANTS licensees have access to establish a free, bas ... ”
Description: Medical Board 2008 - August - Licensure Committee Action Item Agenda Item 2c1 Applicant #696 Executive Director Proposed Public Administrative Penalty Order August 28, 2008
Document: Action Item Agenda Item 2c1 Applicant #696 Executive Director Proposed Public Administrative Penalty Order August 28, 2008 After considering the applicants application, the Executive Director recommends that the applicant be granted a Texas medical license and imposes an administrative penalty for v ...
Description: Medical Board 2008 - August - Licensure Committee Action Item Agenda Item 2c1 Applicant #707 Executive Director Proposed Public Administrative Penalty Order August 28, 2008
Document: Action Item Agenda Item 2c1 Applicant #707 Executive Director Proposed Public Administrative Penalty Order August 28, 2008 After considering the applicants application, the Executive Director recommends that the applicant be granted a Texas medical license and imposes an administrative penalty for v ...
Description: Medical Board 2008 - August - Licensure Committee Action Item Agenda Item 2c1 Applicant #711 Executive Director Proposed Non-Public Non-Disciplinary Rehabilitation Order August 28, 2008
Document: Action Item Agenda Item 2c1 Applicant #711 Executive Director Proposed Non-Public Non-Disciplinary Rehabilitation Order August 28, 2008 The Executive Director recommends that the applicant be granted a Physician License under the terms and conditions listed below. The applicant has agreed to and sig ...
Description: Medical Board 2008 - August - Licensure Committee Action Item Agenda Item 2c2 Applicant #697 Executive Director Proposed Non-Public Non-Disciplinary Rehabilitation Order August 28, 2008
Document: Action Item Agenda Item 2c2 Applicant #697 Executive Director Proposed Non-Public Non-Disciplinary Rehabilitation Order August 28, 2008 The Executive Director recommends that the applicant be granted a Physician in Training permit under the terms and conditions listed below. The applicant has agreed ...
Description: Medical Board 2008 - August - Licensure Committee Action Item Agenda Item 2c2 Applicant #698 Licensure Committee Proposed Non-Public Non-Disciplinary Rehabilitation Order August 28, 2008
Document: Action Item Agenda Item 2c2 Applicant #698
Licensure Committee Proposed Non-Public Non-Disciplinary Rehabilitation Order
August 28, 2008 The Executive Director recommends that the applicant be granted a Physician in Training permit under the terms and conditions listed below. The applicant has agre ...
Description: Medical Board 2008 - August - Licensure Committee Action Item Agenda Item 2c2 Applicant #699 Executive Director Proposed Non-Public Non-Disciplinary Rehabilitation Order August 28, 2008
Document: Action Item Agenda Item 2c2 Applicant #699 Executive Director Proposed Non-Public Non-Disciplinary Rehabilitation Order August 28, 2008 The Executive Director recommends that the applicant be granted a Physician in Training permit under the terms and conditions listed below. The applicant has agreed ...
Description: Medical Board 2008 - August - Licensure Committee Action Item Agenda Item 2c2 Applicant #700 Executive Director Proposed Non-Public Non-Disciplinary Rehabilitation Order August 28, 2008
Document: Action Item Agenda Item 2c2 Applicant #700 Executive Director Proposed Non-Public Non-Disciplinary Rehabilitation Order August 28, 2008 The Executive Director recommends that the applicant be granted a Physician in Training permit under the terms and conditions listed below. The applicant has agreed ...
Description: Medical Board 2008 - August - Licensure Committee Action Item Agenda Item 2c2 Applicant #701 Executive Director Proposed Non-Public Non-Disciplinary Rehabilitation Order August 28, 2008
Document: Action Item Agenda Item 2c2 Applicant #701 Executive Director Proposed Non-Public Non-Disciplinary Rehabilitation Order August 28, 2008 The Executive Director recommends that the applicant be granted a Physician in Training permit under the terms and conditions listed below. The applicant has agreed ...
Description: Medical Board 2008 - August - Licensure Committee Action Item Agenda Item 2c2 Applicant #708 Executive Director Proposed Public Administrative Penalty Order August 28, 2008
Document: Action Item Agenda Item 2c2 Applicant #708 Executive Director Proposed Public Administrative Penalty Order August 28, 2008 After considering the applicants application, the Executive Director recommends that the applicant be granted a Texas post graduate training permit and imposes an administrative ...
Description: Medical Board 2008 - August - Licensure Committee Action Item Agenda Item 2c2 Applicant #709 Licensure Committee Proposed Non-Public Non-Disciplinary Rehabilitation Order August 28, 2008
Document: Action Item Agenda Item 2c2 Applicant #709 Licensure Committee Proposed Non-Public Non-Disciplinary Rehabilitation Order August 28, 2008 The Executive Director recommends that the applicant be granted a Physician in Training permit under the terms and conditions listed below. The applicant has agree ...
Description: Medical Board 2008 - August - Licensure Committee Action Item Agenda Item 2c2 Applicant #710 Licensure Committee Proposed Non-Public Non-Disciplinary Rehabilitation Order August 28, 2008
Document: Action Item Agenda Item 2c2 Applicant #710 Licensure Committee Proposed Non-Public Non-Disciplinary Rehabilitation Order August 28, 2008 The Executive Director recommends that the applicant be granted a Physician in Training Permit under the terms and conditions listed below. The applicant has agree ...
Description: Medical Board 2008 - August - Licensure Committee Action Item Agenda Item 2c2 Applicant #712 Licensure Committee Proposed Non-Public Non-Disciplinary Rehabilitation Order August 28, 2008
Document: Action Item Agenda Item 2c2 Applicant #712 Licensure Committee Proposed Non-Public Non-Disciplinary Rehabilitation Order August 28, 2008 The Executive Director recommends that the applicant be granted a Physician in Training permit under the terms and conditions listed below. The applicant has agree ...
Description: Medical Board 2008 - August - Licensure Committee Agenda Item 8b - Requests for Biennial Recertification as Nonprofit Health Organization
Document: ... iar La Fe, Inc 3. Centro San Vicente 4. Community Action Corporation of South Texas 5. East Texas Community Health Services, Inc 6. Lone Star Community Health Center, Inc 7. North Central Texas Community Health Care Center, Inc 8. Nuestra Clinica del Valle, Inc 9. Regence Health Network, Inc 10. Su ...
Description: Medical Board 2008 - August - Minutes of the Disciplinary Process Review Committee
Document: ... ive Session deliberations concerning disciplinary action, investigative information, peer review information, and rehabilitation orders under the authority of The Medical Practice Act Sections 152.009, 160.006 through .008, 164.007(c), and 164.202 & .203, Occupations Code. Open session resumed at 11 ...
Description: Medical Board 2008 - August - Executive Committee Meeting Minutes
Document: ... tomer Affairs; and various staff. Agenda item #2, Report and discussion regarding pending litigation. Dr. Price moved, Mr. Turner seconded, and the motion was approved to go into executive session at 3:32 p.m. for private consultation and advice of counsel concerning pending or contemplated litigati ...
“... 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.