CHAPTER 153. POWERS AND DUTIES
OCCUPATIONS CODE
TITLE 3. HEALTH PROFESSIONS
SUBTITLE B. PHYSICIANS
CHAPTER 153. POWERS AND DUTIES
SUBCHAPTER A. GENERAL POWERS AND DUTIES OF BOARD
Sec. 153.001. ADOPTION OF RULES. The board may adopt rules and
bylaws as necessary to:
(1) govern its own proceedings;
(2) perform its duties;
(3) regulate the practice of medicine in this state; and
(4) enforce this subtitle.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 153.0015. GUIDELINES FOR INPUT IN RULEMAKING. (a) The
board shall adopt guidelines to establish procedures for
receiving input during the rulemaking process from individuals
and groups that have an interest in matters under the board's
jurisdiction, including input from the Texas Physician Assistant
Board and the Texas State Board of Acupuncture Examiners. The
guidelines must provide an opportunity for those individuals and
groups to provide input before the board provides notice of the
proposed rule under Section 2001.023, Government Code.
(b) The guidelines adopted under this section shall also include
procedures for the board to receive comments on rules recommended
by the physician assistant board or acupuncture board for
adoption by the board.
(c) A rule adopted by the board may not be challenged on the
grounds that the board did not comply with this section. If the
board was unable to solicit a significant amount of input from
the public or affected persons early in the rulemaking process,
the board shall state in writing the reasons why the board was
unable to do so.
Added by Acts 2005, 79th Leg., Ch.
269, Sec. 1.11, eff. September 1, 2005.
Sec. 153.002. RULES RESTRICTING ADVERTISING OR COMPETITIVE
BIDDING. (a) The board may not adopt rules restricting
advertising or competitive bidding by a person regulated by the
board except to prohibit false, misleading, or deceptive
practices by the person.
(b) The board may not include in its rules to prohibit false,
misleading, or deceptive practices by a person regulated by the
board a rule that:
(1) restricts the use of any advertising medium;
(2) restricts the person's personal appearance or the use of the
person's voice in an advertisement;
(3) relates to the size or duration of an advertisement by the
person; or
(4) restricts the person's advertisement under a trade name.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 153.003. RULES REGARDING MAINTENANCE OF PATIENT RECORDS.
The board by rule shall establish the period for which patient
records must be maintained.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 153.004. RULES REGARDING TELEMEDICINE MEDICAL SERVICES.
(a) In consultation with the Health and Human Services
Commission and the commissioner of insurance, the board may adopt
rules as necessary to:
(1) ensure that appropriate care is provided to Medicaid and
Medicare patients who receive telemedicine medical services; and
(2) prevent abuse and fraud in the use of telemedicine medical
services for Medicaid and Medicare patients.
(b) The rules adopted under Subsection (a)(2) may include rules
relating to filing of claims and records required to be
maintained in relation to telemedicine medical services.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1255, Sec. 10, eff. June 15,
2001.
Sec. 153.0045. RULES ON CONSEQUENCES OF CRIMINAL CONVICTION.
The board shall adopt rules and guidelines as necessary to comply
with Chapter 53, except to the extent the requirements of this
subtitle are stricter than the requirements of that chapter.
Added by Acts 2005, 79th Leg., Ch.
269, Sec. 1.12, eff. September 1, 2005.
Sec. 153.005. EXECUTIVE COMMITTEE; APPOINTMENT OF OTHER
COMMITTEES. (a) Except as otherwise provided by this subtitle,
the board may act under its rules through the executive director,
the executive committee, or another committee. Except as
otherwise provided by this subtitle, the executive committee
consists of the president, vice president, and
secretary-treasurer of the board.
(b) The board may appoint committees from its membership. A
committee appointed from the board membership shall:
(1) consider matters relating to the enforcement of this
subtitle and the rules adopted under this subtitle as referred to
the committee; and
(2) make recommendations to the board regarding those matters.
(c) Each committee must have at least one member who meets the
qualifications for a physician member under Sections 152.002 and
152.003 and holds the degree of doctor of osteopathic medicine
and one member who meets the qualifications for a public member
under Section 152.003. If a member appointed to a committee
declines to accept the appointment or is determined to not be
qualified under this subtitle to serve on the committee, the
vacancy on the committee may be filled by any other board member
regardless of qualification.
(d) If members who meet the qualifications of Subsection (c) are
not elected to the executive committee, the board shall appoint
additional members to that committee so that at least one
executive committee member meets the qualifications for a
physician member under Sections 152.002 and 152.003 and holds the
degree of doctor of osteopathic medicine and one executive
committee member meets the qualifications for a public member
under Section 152.003.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 153.006. CRIMINAL RECORD REPORT. (a) The board may
receive criminal record reports from any law enforcement agency
or another source regarding a license holder or license
applicant.
(b) Each criminal record report received from the Department of
Public Safety is for the exclusive use of the board and is
privileged. The report may not be released or otherwise disclosed
to any person or agency by the board except on court order.
(c) Repealed by Acts 2001, 77th Leg., ch. 1420, Sec. 14.023(d),
eff. Sept. 1, 2001.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.023(d), eff.
Sept. 1, 2001.
Sec. 153.007. AUTHORITY TO ISSUE SUBPOENA OR ADMINISTER OATH.
(a) The board may issue a subpoena or a subpoena duces tecum to
compel the attendance of a witness and the production of books,
records, and documents. The board may administer oaths and take
testimony regarding any matter within its jurisdiction.
(b) The board may delegate the authority granted under
Subsection (a) to the executive director or the
secretary-treasurer of the board.
(c) A subpoena issued at the request of the board staff may be
served either personally by the board's investigators or by
certified mail.
(d) The board shall pay, for photocopies subpoenaed at the
request of the board's staff, a reasonable fee in an amount not
to exceed the amount the board may charge for copies of its
records.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 153.008. BOARD RECORDS. (a) The board shall maintain a
record of its proceedings. The record maintained under this
subsection is public information.
(b) The board's records must indicate whether an applicant was
issued or denied a license. The record constitutes prima facie
evidence of each matter contained in the record.
(c) A certified copy of a record maintained under this section,
under the hand and seal of the executive director of the board,
is admissible in evidence in all courts.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.023(a), eff.
Sept. 1, 2001.
Sec. 153.010. ADOPTION OF FEE SCHEDULE BY BOARD PROHIBITED. The
board may not establish a fee schedule for medical services.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 153.011. WAIVER OF FEE OR PENALTY BY BOARD PROHIBITED. The
board may not waive collection of a fee or penalty assessed under
this subtitle.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 153.012. BOARD DUTIES REGARDING COMPLAINTS. (a) The board
by rule shall:
(1) adopt a form to standardize information concerning
complaints made to the board; and
(2) prescribe information to be provided to a person when the
person files a complaint with the board.
(b) The board shall provide reasonable assistance to a person
who wishes to file a complaint with the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 153.013. REPRESENTATION BY ATTORNEY GENERAL. The board
shall be represented in court proceedings by the attorney
general.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 153.014. INFORMATION PROVIDED TO LICENSE HOLDERS. At least
once each biennium, the board shall provide to license holders
information on:
(1) prescribing and dispensing pain medications, with particular
emphasis on Schedule II and Schedule III controlled substances;
(2) abusive and addictive behavior of certain persons who use
prescription pain medications;
(3) common diversion strategies employed by certain persons who
use prescription pain medications, including fraudulent
prescription patterns; and
(4) the appropriate use of pain medications and the differences
between addiction, pseudo-addiction, tolerance, and physical
dependence.
Added by Acts 2003, 78th Leg., ch. 1163, Sec. 1, eff. Sept. 1,
2003.
Sec. 153.015. POISON CONTROL CENTER INFORMATION. The board
shall provide to license holders information regarding the
services provided by poison control centers.
Added by Acts 2003, 78th Leg., ch. 1163, Sec. 1, eff. Sept. 1,
2003.
Sec. 153.016. EXPERT TESTIMONY. A member of the board may not
serve as an expert witness in a suit involving a health care
liability claim against a physician for injury to or death of a
patient.
Added by Acts 2007, 80th Leg., R.S., Ch.
880, Sec. 1, eff. June 15, 2007.
SUBCHAPTER B. FEES AND FUNDS
Sec. 153.051. FEES; BUDGET. (a) The board by rule shall set
reasonable and necessary fees in amounts sufficient to cover the
cost of administering this subtitle.
(b) The board may not adjust a fee established on or before
September 1, 1993, to an amount less than the amount of the fee
on September 1, 1993.
(c) The board shall by annual budget determine the manner of
handling the funds received under this subtitle and the purposes
for which those funds may be used. The budgeted expenses
authorized by the board shall be paid from the funds received by
the board and are not a charge on the general revenue of the
state.
(d) The board may not set, charge, collect, receive, or deposit
any of the following fees in excess of:
(1) $900 for a license;
(2) $400 for a first registration permit;
(3) $200 for a temporary license;
(4) $400 for renewal of a registration permit;
(5) $200 for a physician-in-training permit;
(6) $600 for the processing of an application and the issuance
of a registration for anesthesia in an outpatient setting;
(7) $200 for an endorsement to other state medical boards;
(8) $200 for a duplicate license;
(9) $700 for a reinstated license after cancellation for cause;
or
(10) $1,200 for an annual fee under Section 167.011(c) for a
program participant in the Texas Physician Health Program.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.024(b), eff.
Sept. 1, 2001; Acts 2003, 78th Leg., ch. 202, Sec. 2, eff. June
10, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1345, Sec. 2(b), eff. September 1, 2009.
Sec. 153.052. DEPOSIT AND EXPENDITURE OF RECEIPTS. (a) The
board shall deposit all receipts collected by the board in the
state treasury.
(b) The money collected by the board may be spent only as
provided by the General Appropriations Act, this subtitle, or
other applicable law for the:
(1) enforcement of this subtitle;
(2) prohibition of the unlawful practice of medicine;
(3) dissemination of information to prevent the violation of the
laws; and
(4) prosecution of those who violate the laws.
(c) Distributions may be made only on the written approval of
the executive director of the board or the executive director's
designated representative.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.024(c), eff.
Sept. 1, 2001.
Sec. 153.053. SURCHARGE FOR CERTAIN FEES. (a) The board shall
collect a fee surcharge as follows:
(1) $200 for the license fee;
(2) $400 for the first registration permit;
(3) $400 for renewal of a registration permit; and
(4) $200 for reinstatement of a license after cancellation for
cause.
(b) Of each surcharge collected under Subsections (a)(1) and
(4), the board shall deposit $50 to the credit of the foundation
school fund and $150 to the credit of the general revenue fund.
(c) Of each surcharge collected under Subsections (a)(2) and
(3), the board shall deposit $100 to the credit of the foundation
school fund and $300 to the credit of the general revenue fund.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.025(a), eff.
Sept. 1, 2001; Acts 2003, 78th Leg., ch. 202, Sec. 3, eff. June
10, 2003.
Sec. 153.0535. SURCHARGE FOR REGISTRATION PERMIT. (a) The
board shall collect an additional $80 surcharge for each of the
following fees:
(1) first registration permit; and
(2) renewal of a registration permit.
(b) The board shall deposit each surcharge collected to the
credit of the public assurance account. The public assurance
account is an account in the general revenue fund that shall be
appropriated only to the board to pay for the board's enforcement
program, including the expert physician panel.
Added by Acts 2003, 78th Leg., ch. 202, Sec. 4, eff. June 10,
2003.
Sec. 153.054. CHARGES FOR CERTAIN RECORDS AND OTHER MATERIAL.
The board may set and collect a fee for:
(1) each copy made of a record in the office of the board; or
(2) any material published by the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.024(d), eff.
Sept. 1, 2001.
Sec. 153.055. ANNUAL REPORT. (a) The board shall file annually
with the governor and the presiding officer of each house of the
legislature a complete and detailed written report accounting for
all funds received and disbursed by the board during the
preceding fiscal year.
(b) The report must be in the form and reported in the time
provided by the General Appropriations Act.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 153.056. REPORT ON PENDING COMPLAINTS. The board shall
include with its annual financial report information regarding
any investigations that remain pending after one year, including
the reasons the investigations remain pending. Information in the
report under this section may not identify a patient for any
purpose unless proper consent to the release is given by the
patient.
Added by Acts 2003, 78th Leg., ch. 202, Sec. 5, eff. June 10,
2003.
Sec. 153.057. USE OF TECHNOLOGY. The board shall implement a
policy requiring the board to use appropriate technological
solutions to improve the board's ability to perform its
functions. The policy must ensure that the public is able to
interact with the board on the Internet.
Added by Acts 2005, 79th Leg., Ch.
269, Sec. 1.13, eff. September 1, 2005.
Sec. 153.058. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE
RESOLUTION POLICY. (a) The board shall develop and implement a
policy to encourage the use of:
(1) negotiated rulemaking procedures under Chapter 2008,
Government Code, for the adoption of board rules; and
(2) appropriate alternative dispute resolution procedures under
Chapter 2009, Government Code, to assist in the resolution of
internal and external disputes under the board's jurisdiction.
(b) The board's procedures relating to alternative dispute
resolution must conform, to the extent possible, to any model
guidelines issued by the State Office of Administrative Hearings
for the use of alternative dispute resolution by state agencies.
(c) The board shall designate a trained person to:
(1) coordinate the implementation of the policy adopted under
Subsection (a);
(2) serve as a resource for any training needed to implement the
procedures for negotiated rulemaking or alternative dispute
resolution; and
(3) collect data concerning the effectiveness of those
procedures, as implemented by the board.
Added by Acts 2005, 79th Leg., Ch.
269, Sec. 1.13, eff. September 1, 2005.