CHAPTER 152. STATE BOARD OF MEDICAL EXAMINERS
OCCUPATIONS CODE
TITLE 3. HEALTH PROFESSIONS
SUBTITLE B. PHYSICIANS
CHAPTER 152. STATE BOARD OF MEDICAL EXAMINERS
SUBCHAPTER A. ORGANIZATION OF BOARD
Sec. 152.001. TEXAS MEDICAL BOARD. (a) The Texas Medical Board
is an agency of the executive branch of state government with the
power to regulate the practice of medicine.
(b) A reference in any other law to the former Texas State Board
of Medical Examiners means the Texas Medical Board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
269, Sec. 1.03, eff. September 1, 2005.
Sec. 152.002. BOARD MEMBERSHIP. (a) The board consists of 19
members appointed by the governor with the advice and consent of
the senate as follows:
(1) twelve members who are learned and eminent physicians
licensed in this state for at least three years before the
appointment, nine of whom must be graduates of a reputable
medical school or college with a degree of doctor of medicine
(M.D.) and three of whom must be graduates of a reputable medical
school or college with a degree of doctor of osteopathic medicine
(D.O.); and
(2) seven members who represent the public.
(b) Appointments to the board shall be made without regard to
race, color, disability, sex, religion, age, or national origin
of the appointee.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 1170, Sec. 26.01, eff. Sept.
1, 2003.
Sec. 152.003. ADDITIONAL MEMBERSHIP REQUIREMENTS. (a) In this
section:
(1) "Direct provider of health care" includes:
(A) an athletic trainer;
(B) a chiropractor;
(C) a dentist;
(D) a hospital administrator;
(E) a licensed vocational nurse;
(F) a nursing home administrator;
(G) an optometrist;
(H) a pharmacist;
(I) a physical therapist;
(J) a physician assistant;
(K) a podiatrist;
(L) a psychologist;
(M) a registered nurse; and
(N) a social psychotherapist.
(2) "Fiduciary position or interest" means a position or
interest with respect to an entity that has the character of a
trust. The term includes:
(A) a member of a board of directors;
(B) an officer;
(C) a majority shareholder;
(D) an agent; and
(E) a person who, directly or through that person's spouse,
receives more than one-tenth of the person's annual income from
compensation for research into or instruction in the provision of
health care received from:
(i) a health care entity or other person, association, or
organization engaged in the provision of health care; or
(ii) a person, association, or organization engaged in producing
drugs or analogous products.
(3) "Immediate family member" means the parent, spouse, child,
or sibling of a person who resides in the same household as the
person.
(4) "Provider of health care" means:
(A) a direct provider of health care:
(i) whose primary current activity is the provision of health
care to persons or the administration of facilities or
institutions in which that care is provided, including hospitals,
long-term care facilities, out-patient facilities, and health
maintenance organizations;
(ii) who, if required by law or otherwise, has received
professional or other training in the provision of that care or
administration; and
(iii) who is licensed or certified or otherwise claims the
authority to provide that care or administration;
(B) a person who is an indirect provider of health care in that
the person holds a fiduciary position with or has a fiduciary
interest in a health care entity;
(C) a member of the immediate family of a person described by
this subdivision;
(D) a person who is engaged in or employed by an entity issuing
a policy or contract of individual or group health insurance or
hospital or medical service benefits; or
(E) a person who is employed by, on the board of directors of,
or holds elective office by or under the authority of a unit of
federal, state, or local government or any organization that
receives a significant part of its funding from a unit of
federal, state, or local government.
(b) A person may not be a public member of the board if the
person or the person's spouse:
(1) is registered, certified, or licensed by a regulatory agency
in the field of health care;
(2) is employed by or participates in the management of a
business entity or other organization regulated by or receiving
money from the board;
(3) owns or controls, directly or indirectly, more than a 10
percent interest in a business entity or other organization
regulated by or receiving money from the board;
(4) uses or receives a substantial amount of tangible goods,
services, or money from the board other than compensation or
reimbursement authorized by law for board membership, attendance,
or expenses; or
(5) is a provider of health care.
(c) Each public member must be a resident of this state for at
least the five years preceding appointment.
(d) Each physician board member must be actively engaged in:
(1) the practice of medicine for at least the five years
preceding appointment; and
(2) medical peer review at a health care entity for at least the
three years preceding appointment.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
269, Sec. 1.04, eff. September 1, 2005.
Sec. 152.004. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) In
this section, "Texas trade association" means a cooperative and
voluntarily joined association of business or professional
competitors in this state designed to assist its members and its
industry or profession in dealing with mutual business or
professional problems and in promoting their common interest.
(b) A person is ineligible for appointment to the board if, at
the time of appointment, the person is younger than 18 years of
age or is a stockholder or a member of the board of trustees of a
medical school.
(c) A person may not be a member of the board and may not be a
board employee in a "bona fide executive, administrative, or
professional capacity," as that phrase is used for purposes of
establishing an exemption to the overtime provisions of the
federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201
et seq.), if:
(1) the person is an officer, employee, or paid consultant of a
Texas trade association in the field of health care or a national
organization incorporated to represent the entire profession
licensed to practice medicine in this state or the United States,
including an organization representing the practice of
osteopathic medicine; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of health
care.
(f) A person may not serve as a member of the board or act as
general counsel to the board if the person is required to
register as a lobbyist under Chapter 305, Government Code,
because of the person's activities for compensation on behalf of
a profession related to the operation of the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
269, Sec. 1.05, eff. September 1, 2005.
Sec. 152.0041. RESTRICTION ON USE OF INFORMATION. A board
member who is a physician or a physician acting as an agent of
the board, including a member of an expert physician panel
appointed under Section 154.056(e), may not use information to
which the person has access solely by virtue of the person's
position as a member or agent of the board for the benefit of the
person's practice or for the benefit of another physician or
person affiliated with the physician.
Added by Acts 2005, 79th Leg., Ch.
269, Sec. 1.06, eff. September 1, 2005.
Sec. 152.005. TERMS; VACANCY. (a) Members of the board serve
staggered six-year terms.
(b) If a vacancy occurs during a member's term, the governor
shall appoint a person to fill the vacancy.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 152.006. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the board that a member:
(1) does not have at the time of taking office the
qualifications required by Section 152.002;
(2) does not maintain during service on the board the
qualifications required by Section 152.002;
(3) is ineligible for membership under Sections 152.003 and
152.004;
(4) cannot, because of illness or disability, discharge the
member's duties for a substantial part of the member's term; or
(5) is absent from more than half of the regularly scheduled
board meetings that the member is eligible to attend during a
calendar year without an excuse approved by a majority vote of
the board.
(b) The validity of an action of the board is not affected by
the fact that the action is taken when a ground for removal of a
board member exists.
(c) If the executive director has knowledge that a potential
ground for removal exists, the executive director shall notify
the president of the board of the potential ground. The
president shall then notify the governor and the attorney general
that a potential ground for removal exists. If the potential
ground for removal involves the president of the board, the
executive director shall notify the next highest ranking officer
of the board, who shall then notify the governor and the attorney
general that a potential ground for removal exists.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
269, Sec. 1.07, eff. September 1, 2005.
Sec. 152.007. PER DIEM. (a) Each board member is entitled to
receive a per diem as set by legislative appropriation for each
day that the member engages in the business of the board.
(b) If the General Appropriations Act does not prescribe the
amount of the per diem, the per diem consists of actual expenses
for meals, lodging, and transportation, plus $100.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 152.008. OFFICERS. Not later than December after each
regular session of the legislature, the governor shall appoint
from the members of the board a president, to serve in that
capacity at the pleasure of the governor, and the board shall
elect from its members a vice president, secretary-treasurer, and
other officers as are required, in the board's opinion, to carry
out the board's duties.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
269, Sec. 1.08, eff. September 1, 2005.
Sec. 152.009. MEETINGS; QUORUM REQUIREMENTS. (a) The board
shall conduct regular meetings at least four times a year at the
times and places the board considers most convenient for
applicants and board members.
(b) The board may hold special meetings in accordance with rules
adopted by the board.
(c) After hearing all evidence and arguments in an open meeting,
the board may conduct deliberations relating to license
applications and disciplinary actions in executive sessions. The
board shall vote and announce its decisions in open session.
(d) A majority of the appointed board members constitutes a
quorum for all purposes except for a board activity related to
examining the credentials of license applicants as provided by
Section 155.053.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 152.010. TRAINING; GUIDELINES. (a) A person who is
appointed to and qualifies for office as a member of the board
may not vote, deliberate, or be counted as a member in attendance
at a meeting of the board until the person completes a training
program that complies with this section.
(b) The training program must provide the person with
information regarding:
(1) this subtitle;
(2) the programs operated by the board;
(3) the role and functions of the board;
(4) the rules of the board, with an emphasis on the rules that
relate to disciplinary and investigatory authority;
(5) the current budget for the board;
(6) the results of the most recent formal audit of the board;
(7) the requirements of laws relating to open meetings, public
information, administrative procedure, and conflicts of interest;
and
(8) any applicable ethics policies adopted by the board or the
Texas Ethics Commission.
(c) A person appointed to the board is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
(d) Repealed by Acts 2005, 79th Leg., Ch. 269, Sec. 1.49(1),
eff. September 1, 2005.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
269, Sec. 1.09, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
269, Sec. 1.49(1), eff. September 1, 2005.
SUBCHAPTER B. EXECUTIVE DIRECTOR AND OTHER PERSONNEL
Sec. 152.051. EXECUTIVE DIRECTOR. (a) The board shall appoint
an executive director. The executive director serves as the chief
executive and administrative officer of the board.
(b) The executive director serves at the pleasure of the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 152.052. EXECUTIVE DIRECTOR POWERS AND DUTIES. The
executive director shall administer and enforce this subtitle
under the supervision and at the direction of the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 152.054. CHIEF OPERATING OFFICER; MEDICAL DIRECTOR. (a)
The executive director may employ a chief operating officer to:
(1) administer, implement, and monitor systems and necessary
measures to promote the quality and efficiency of board
operations; and
(2) perform other duties as assigned by the executive director.
(b) If the executive director is not a physician licensed to
practice in this state, the executive director shall appoint a
medical director who is:
(1) a physician licensed to practice in this state; and
(2) primarily responsible for implementing and maintaining
policies, systems, and measures regarding clinical and
professional issues and determinations.
(c) The chief operating officer or medical director acts under
the supervision and at the direction of the executive director.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 152.055. PERSONNEL. (a) The board shall employ,
compensate, and provide persons as determined necessary by the
board to administer this subtitle, including administrators,
clerks, employees, consultants, and professionals.
(b) The board shall reimburse those persons for actual and
necessary expenses, including investigation expenses, travel
expenses, and other incidental expenses, incurred in the
performance of official duties as determined by the board.
(c) An employee of the board may not be employed by or paid a
fee for services provided by a statewide or national organization
incorporated to represent the entire profession licensed to
practice medicine in this state or the United States, including
an organization representing the practice of osteopathic
medicine.
(d) A person is not eligible to serve as an employee of the
board if the person is related within the second degree by
affinity or within the third degree by consanguinity, as
determined under Chapter 573, Government Code, to a person who is
employed by or paid a fee for services provided by an
organization described by Subsection (c).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 152.056. DIVISION OF RESPONSIBILITIES. The board shall
develop and implement policies that clearly separate the
policy-making responsibilities of the board and the management
responsibilities of the executive director and the staff of the
board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
269, Sec. 1.10, eff. September 1, 2005.
Sec. 152.057. QUALIFICATIONS AND STANDARDS OF CONDUCT
INFORMATION. The board shall provide, as often as necessary, to
its members and employees information regarding their:
(1) qualifications for office or employment under this subtitle;
and
(2) responsibilities under applicable laws relating to standards
of conduct for state officers or employees.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 152.058. CAREER LADDER; ANNUAL PERFORMANCE EVALUATIONS.
(a) The executive director or the executive director's designee
shall develop an intra-agency career ladder program. The program
must require intra-agency posting of all nonentry-level positions
concurrently with any public posting.
(b) The board shall develop a system of annual performance
evaluations of the board's employees based on measurable job
tasks. Any merit pay authorized by the board must be based on the
system established under this subsection.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 152.059. EQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT. (a)
The executive director or the executive director's designee shall
prepare and maintain a written policy statement to assure
implementation of an equal employment opportunity program under
which all personnel decisions are made without regard to race,
color, disability, sex, religion, age, or national origin. The
policy statement must include:
(1) personnel policies, including policies relating to
recruitment, evaluation, selection, appointment, training, and
promotion of personnel, that are in compliance with requirements
adopted under Chapter 21, Labor Code;
(2) a comprehensive analysis of the board's workforce that meets
federal and state guidelines;
(3) procedures by which a determination can be made of
significant underuse in the board's workforce of all persons for
whom federal or state guidelines encourage a more equitable
balance; and
(4) reasonable methods to appropriately address those areas of
significant underuse.
(b) A policy statement prepared under Subsection (a) must:
(1) cover an annual period;
(2) be updated annually and reviewed by the Commission on Human
Rights for compliance with requirements adopted under Chapter 21,
Labor Code; and
(3) be filed with the governor.
(c) The governor shall deliver a biennial report to the
legislature based on the information received under Subsection
(b). The report may be made separately or as a part of other
biennial reports made to the legislature.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.