CHAPTER 152. STATE BOARD OF MEDICAL EXAMINERS

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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;

(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;

(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;

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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