CHAPTER 156. REGISTRATION OF PHYSICIANS
OCCUPATIONS CODE
TITLE 3. HEALTH PROFESSIONS
SUBTITLE B. PHYSICIANS
CHAPTER 156. REGISTRATION OF PHYSICIANS
SUBCHAPTER A. RENEWAL AND REGISTRATION
Sec. 156.001. REGISTRATION REQUIREMENTS AND PROCEDURES. (a)
Each person licensed to practice medicine in this state must
register with the board every two years. The initial
registration permit shall be issued with the license. The board
by rule may adopt a system under which licenses expire on various
dates during the year.
(b) Except as provided by Section 156.002, the application for
registration must be accompanied by a registration permit fee in
an amount set by the board regardless of whether the person is
practicing medicine in this state.
(c) A license holder may renew the registration permit by
submitting to the board, on or before the expiration date of the
registration permit, the required renewal application and
registration renewal fee. Each registration permit renewal
application must include:
(1) the license holder's name, mailing address, and, if one is
available, address for receipt of electronic mail;
(2) the primary place at which the license holder is engaged in
the practice of medicine; and
(3) other necessary information as prescribed by board rule.
(d) If the license holder is licensed to practice medicine by
another state or country or by the uniformed services of the
United States, the registration renewal application must include
a description of any investigation the license holder knows is in
progress and any sanction imposed by or disciplinary matter
pending in the state, country, or service regarding the license
holder.
(e) In addition to the information required by Subsection (c), a
license holder shall submit to the board with the registration
permit renewal application information not reported on a license
application or a previous permit renewal application relating to
a felony conviction, a conviction for a Class A or Class B
misdemeanor, or a deferred adjudication for a felony offense or
Class A or Class B misdemeanor offense for:
(1) Medicare, Medicaid or insurance fraud;
(2) the Texas Controlled Substances Act or intoxication or
alcoholic beverage offenses;
(3) sexual or assaultive offenses; and
(4) tax fraud or evasion.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.027(p), eff.
Sept. 1, 2001; Acts 2003, 78th Leg., ch. 202, Sec. 12, eff. June
10, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
269, Sec. 1.26, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
880, Sec. 4, eff. June 15, 2007.
Sec. 156.002. EXEMPTION FOR CERTAIN PHYSICIANS. (a) The board
by rule may exempt a retired physician from the registration
permit fee requirement.
(b) A physician licensed by the board whose only practice is
voluntary charity care, as defined by board rule, is exempt from
the registration permit fee requirement.
(c) A retired physician whose only practice is voluntary medical
care for a disaster relief organization is exempt from the
registration permit fee requirement.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.027(q), eff.
Sept. 1, 2001; Acts 2003, 78th Leg., ch. 202, Sec. 13, eff. June
10, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
246, Sec. 4, eff. May 30, 2005.
Acts 2005, 79th Leg., Ch.
1096, Sec. 1, eff. September 1, 2005.
Sec. 156.003. STAGGERED RENEWAL SYSTEM. (a) The board by rule
may adopt a system under which registration permits expire on
various dates during the two-year registration period.
(b) For the registration period in which the expiration date is
changed, registration permit fees shall be prorated. On renewal
of the registration on the new expiration date, the total
registration permit fee is payable.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.027(r), eff.
Sept. 1, 2001; Acts 2003, 78th Leg., ch. 202, Sec. 14, eff. June
10, 2003.
Sec. 156.004. NOTICE OF EXPIRATION. The board shall send a
registration permit renewal application notice to each physician
at the physician's last known address according to the board's
records at least 30 days before the expiration date of the
registration permit. The board shall provide for a 30-day grace
period for renewing the registration permit from the date of the
expiration of the permit.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.027(s), eff.
Sept. 1, 2001; Acts 2003, 78th Leg., ch. 202, Sec. 15, eff. June
10, 2003.
Sec. 156.005. RENEWAL OF CERTAIN REGISTRATION PERMITS. (a) If
a person's registration permit has been expired for 90 days or
less, the person may renew the permit by submitting to the board
the required registration renewal application, the registration
renewal fee, and a $75 penalty fee.
(b) If the person's registration permit has been expired for
longer than 90 days but less than one year, the person may renew
the permit by submitting to the board the required registration
renewal application, the registration renewal fee, and a $150
penalty fee.
(c) If the person's registration permit has been expired for one
year or longer, the person's license is automatically canceled,
unless an investigation is pending, and the person may not renew
the registration permit.
(d) A physician whose license is automatically canceled may
obtain a new license by complying with the requirements, fees,
and procedures for obtaining a new license. The board may issue a
new license without examination to a person whose license is
automatically canceled for less than two years.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.027(t), eff.
Sept. 1, 2001; Acts 2003, 78th Leg., ch. 202, Sec. 16, eff. June
10, 2003.
Sec. 156.006. EMERGENCY CONTACT INFORMATION. (a) Each license
holder shall submit to the board telephone numbers, fax numbers,
and e-mail addresses, if available and as appropriate, that the
board may use to contact the license holder in an emergency.
(b) A license holder who receives an initial registration permit
shall provide the information required under Subsection (a) not
later than the 30th day after the date the permit is issued.
Each license holder who applies to renew a registration permit
shall submit the information required under Subsection (a) with
the renewal application.
(c) A license holder shall report to the board any change in the
information required under Subsection (a) not later than the 45th
day after the date of the change.
(d) The information provided by a license holder under this
section is confidential and is not subject to disclosure under
Chapter 552, Government Code. The board may not publish,
release, or make available information provided by a license
holder under this section except as provided by Subsection (e).
(e) In the event of a public health emergency declared or
invoked by the governor, the Department of State Health Services,
or a federal agency, the board may publish, release, or make
available information provided by a license holder under this
section for the sole purpose of disseminating information to:
(1) a license holder;
(2) a designated city, county, state, or federal public health
or emergency management official; or
(3) the Federation of State Medical Boards.
Added by Acts 2009, 81st Leg., R.S., Ch.
1345, Sec. 1, eff. September 1, 2009.
Sec. 156.007. ISSUANCE OF REGISTRATION PERMIT. (a) On receipt
of a registration renewal application and all required fees, the
board, after ascertaining from the records of the board or from
other sources considered reliable by the board that the applicant
is a physician in this state and meets all other requirements for
registration, shall issue to the applicant a registration permit
certifying that the applicant has filed the application, has paid
the registration permit fee for the registration period, and has
completed the requirements for registration.
(b) The filing of the registration renewal application, the
payment of the required fees, and the issuance of the permit do
not entitle the permit holder to practice medicine in this state
unless:
(1) the permit holder has been previously licensed as a
physician by the board, as prescribed by law;
(2) the license to practice medicine is in effect;
(3) the permit holder has met the continuing medical education
requirements; and
(4) the permit holder has submitted a current complete physician
profile.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.027(u), eff.
Sept. 1, 2001; Acts 2003, 78th Leg., ch. 202, Sec. 17, eff. June
10, 2003.
Sec. 156.008. PRACTICING MEDICINE WITHOUT REGISTRATION
PROHIBITED. (a) Practicing medicine after the expiration of the
30-day grace period under Section 156.004 following expiration of
a registration permit that has not been renewed for the current
registration period as provided by this subchapter has the same
effect as, and is subject to all penalties of, practicing
medicine without a license.
(b) In a prosecution for the unlawful practice of medicine, the
receipt showing payment of the registration fee required by this
chapter does not constitute evidence that the receipt holder is
lawfully entitled to practice medicine.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 753, Sec. 1, eff. June 13,
2001; Acts 2003, 78th Leg., ch. 202, Sec. 18, eff. June 10, 2003.
Sec. 156.009. INACTIVE STATUS. The board may adopt rules and
set reasonable fees relating to placing license holders on
inactive status.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 202, Sec. 19, eff. June 10,
2003.
SUBCHAPTER B. CONTINUING MEDICAL EDUCATION REQUIREMENTS
Sec. 156.051. REPORTING PROGRAM; RULES; EXEMPTION. (a) The
board by rule shall adopt, monitor, and enforce a reporting
program for the continuing medical education of license holders.
The board shall adopt and administer rules that:
(1) establish the number of hours of continuing medical
education the board determines appropriate as a prerequisite to
the registration of a license under this subtitle;
(2) require at least one-half of the hours of continuing medical
education established under Subdivision (1) to be board approved;
and
(3) adopt a process to assess a license holder's participation
in continuing medical education courses.
(b) In approving continuing medical education hours under
Subsection (a)(2), the board shall consider the standards of:
(1) the American Medical Association adopted by that association
for its Physician's Recognition Award; or
(2) the American Osteopathic Association.
(c) The board shall permit the hours that are not subject to
board approval under Subsection (a)(2) to consist of self-study
or equivalent self-directed continuing medical education
according to guidelines determined by the board.
(d) This section does not apply to a license holder who is
exempt by rule from paying the registration fee under Section
156.002(a).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 202, Sec. 20, eff. June 10,
2003.
Sec. 156.052. PRESUMPTION OF COMPLIANCE FOR CERTAIN LICENSE
HOLDERS. A license holder is presumed to be in compliance with
the requirements of this subchapter if, during the 36 months
preceding the date of the required registration, the license
holder becomes board certified or recertified by a specialty
board approved by the American Board of Medical Specialties or
the American Osteopathic Association Bureau of Osteopathic
Specialists.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 202, Sec. 21, eff. June 10,
2003.
Sec. 156.053. TEMPORARY EXEMPTION. (a) The board may
temporarily exempt a license holder from the continuing medical
education requirement on the basis of:
(1) catastrophic illness;
(2) military service outside this state for longer than one
year;
(3) medical practice and residence outside the United States for
longer than one year; or
(4) good cause shown on the written application of the license
holder that provides evidence satisfactory to the board that the
license holder is unable to comply with the requirement.
(b) A temporary exemption granted under Subsection (a) may not
exceed one year but may be renewed.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 202, Sec. 22, eff. June 10,
2003.
Sec. 156.054. AUTHORITY OF BOARD TO REQUIRE ADDITIONAL HOURS.
This subchapter does not prevent the board from taking
disciplinary action with respect to a license holder or license
applicant by requiring additional hours of continuing medical
education, including education in specific course subjects.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 156.055. CONTINUING EDUCATION IN PAIN TREATMENT. A
physician licensed under this subtitle who submits an application
for renewal of a license that designates a direct patient care
practice and whose practice includes treating patients for pain
is encouraged to include continuing medical education in pain
treatment among the hours of continuing medical education
completed to comply with Section 156.051(a)(2).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 156.056. CERTAIN VOLUNTEER SERVICES. (a) In this section,
"site serving a medically underserved population" has the meaning
assigned by Section 157.052.
(b) The board by rule shall permit a license holder to complete
half of any informal continuing medical education hours required
under this subchapter by providing volunteer medical services at
a site serving a medically underserved population other than a
site that is a primary practice site of the license holder.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.029(a), eff.
Sept. 1, 2001.
Sec. 156.057. CONTINUING EDUCATION IN FORENSIC EVIDENCE
COLLECTION. (a) A physician licensed under this subtitle who
submits an application for renewal of a license to practice
medicine and whose practice includes treating patients in an
emergency room setting may complete two hours of continuing
medical education relating to forensic evidence.
(b) The board shall adopt rules to establish the content of
continuing medical education relating to forensic evidence
collection. The board may adopt other rules to implement this
section.
Added by Acts 2005, 79th Leg., Ch.
782, Sec. 1, eff. September 1, 2005.