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.