CHAPTER 153. POWERS AND DUTIES

State Codes and Statutes

Back To Homepage

State Codes and Statutes

Statutes > Texas > Occupations-code > Title-3-health-professions > 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.

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.

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.

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.

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.

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.

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;

(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.

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.

(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.

(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.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

Loading..

Loading, Please Wait!