OCCUPATIONS CODE
CHAPTER 153. POWERS AND DUTIES
SUBCHAPTER A. GENERAL POWERS AND DUTIES OF BOARD
§ 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, § 1, eff. Sept. 1, 1999.
§ 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, § 1, eff. Sept. 1, 1999.
§ 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, § 1, eff. Sept. 1, 1999.
§ 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, § 1, eff. Sept. 1, 1999. Amended
by Acts 2001, 77th Leg., ch. 1255, § 10, eff. June 15, 2001.
§ 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, § 1, eff. Sept. 1, 1999.
§ 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, §
14.023(d), eff. Sept. 1, 2001.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2001, 77th Leg., ch. 1420, § 14.023(d), eff.Sept. 1,
2001.
§ 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, § 1, eff. Sept. 1, 1999.
§ 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, § 1, eff. Sept. 1, 1999. Amended
by Acts 2001, 77th Leg., ch. 1420, § 14.023(a), eff. Sept. 1,
2001.
§ 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, § 1, eff. Sept. 1, 1999.
§ 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, § 1, eff. Sept. 1, 1999.
§ 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, § 1, eff. Sept. 1, 1999.
§ 153.013. REPRESENTATION BY ATTORNEY GENERAL. The
board shall be represented in court proceedings by the attorney
general.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 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, § 1, eff. Sept. 1, 2003.
§ 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, § 1, eff. Sept. 1, 2003.
SUBCHAPTER B. FEES AND FUNDS
§ 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; or
(9) $700 for a reinstated license after cancellation
for cause.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2001, 77th Leg., ch. 1420, § 14.024(b), eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 202, § 2, eff. June 10, 2003.
§ 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, § 1, eff. Sept. 1, 1999. Amended
by Acts 2001, 77th Leg., ch. 1420, § 14.024(c), eff. Sept. 1,
2001.
§ 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, § 1, eff. Sept. 1, 1999. Amended
by Acts 2001, 77th Leg., ch. 1420, § 14.025(a), eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 202, § 3, eff. June 10, 2003.
§ 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, § 4, eff. June 10, 2003.
§ 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, § 1, eff. Sept. 1, 1999. Amended
by Acts 2001, 77th Leg., ch. 1420, § 14.024(d), eff. Sept. 1,
2001.
§ 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, § 1, eff. Sept. 1, 1999.
§ 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, § 5, eff. June 10, 2003.
