OCCUPATIONS CODE
CHAPTER 104. HEALING ART PRACTITIONERS
§ 104.001. SHORT TITLE. This chapter may be cited as
the Healing Art Identification Act.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 104.002. HEALING ART. The healing art includes any
system, treatment, operation, diagnosis, prescription, or practice
to ascertain, cure, relieve, adjust, or correct a human disease,
injury, or unhealthy or abnormal physical or mental condition.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 104.003. REQUIRED IDENTIFICATION. (a) A person
subject to this section who uses the person's name on a written or
printed professional identification, including a sign, pamphlet,
stationery, or letterhead, or who uses the person's signature as a
professional identification shall designate as required by this
section the healing art the person is licensed to practice.
(b) A person who is licensed by the Texas State Board of
Medical Examiners and holds a doctor of medicine degree shall use:
(1) physician or surgeon, M.D.;
(2) doctor, M.D.; or
(3) doctor of medicine, M.D.
(c) A person who is licensed by the Texas State Board of
Medical Examiners and holds a doctor of osteopathy degree shall
use:
(1) physician or surgeon, D.O.;
(2) osteopathic physician or surgeon;
(3) doctor, D.O.;
(4) doctor of osteopathy;
(5) doctor of osteopathic medicine;
(6) osteopath; or
(7) D.O.
(d) A person who is licensed by the State Board of Dental
Examiners shall use:
(1) dentist;
(2) doctor, D.D.S.;
(3) doctor of dental surgery;
(4) D.D.S.; or
(5) doctor of dental medicine, D.M.D.
(e) A person who is licensed by the Texas Board of
Chiropractic Examiners shall use:
(1) chiropractor;
(2) doctor, D.C.;
(3) doctor of chiropractic; or
(4) D.C.
(f) A person who is licensed by the Texas Optometry Board
shall use:
(1) optometrist;
(2) doctor, optometrist;
(3) doctor of optometry; or
(4) O.D.
(g) A person who is licensed by the Texas State Board of
Podiatric Medical Examiners shall use:
(1) chiropodist;
(2) doctor, D.S.C.;
(3) doctor of surgical chiropody;
(4) D.S.C.;
(5) podiatrist;
(6) doctor, D.P.M.;
(7) doctor of podiatric medicine; or
(8) D.P.M.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 104.004. OTHER PERSONS USING TITLE "DOCTOR". In using
the title "doctor" as a trade or professional asset or on any manner
of professional identification, including a sign, pamphlet,
stationery, or letterhead, or as a part of a signature, a person
other than a person described by Section 104.003 shall designate
the authority under which the title is used or the college or
honorary degree that gives rise to the use of the title.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 104.005. ENFORCEMENT. (a) On the request of a
healing art licensing board listed in Section 104.003, the district
or county attorney shall file and prosecute appropriate judicial
proceedings in the name of the state against a person who violates
Section 104.003.
(b) The district or county attorney shall file the
proceeding in the district court of the county in which the
violation occurs.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 104.006. APPLICABILITY TO ESTABLISHED CHURCH. This
chapter does not affect the use of the principles or teachings of an
established church in ministering, without the use of any drug or
material remedy, to the sick or suffering by prayer if:
(1) sanitary and quarantine laws are complied with;
and
(2) the person ministering or offering to minister
does not maintain an office, other than to exercise the principles
or teachings of the church of which the person is a bona fide
member.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 104.007. PENALTIES. (a) A person who violates this
chapter commits an offense. An offense under this section is a
misdemeanor punishable by:
(1) on conviction of a first offense, a fine of $100;
(2) on conviction of a second offense, a fine of $500;
and
(3) on conviction of a third offense:
(A) a fine of $1,000; or
(B) revocation of the person's license to
practice the healing art.
(b) On conviction of the person, the district court shall
notify the licensing board that issued the license.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
