2005 Texas Occupations Code CHAPTER 156. REGISTRATION OF PHYSICIANS

OCCUPATIONS CODE

CHAPTER 156. REGISTRATION OF PHYSICIANS

SUBCHAPTER A. RENEWAL AND REGISTRATION


	§ 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.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2001, 77th Leg., ch. 1420, § 14.027(p), eff. Sept. 1, 
2001;  Acts 2003, 78th Leg., ch. 202, § 12, eff. June 10, 2003;  
Acts 2005, 79th Leg., ch. 269, § 1.26, eff. Sept. 1, 2005.


	§ 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.
	(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, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2001, 77th Leg., ch. 1420, § 14.027(q), eff. Sept. 1, 
2001;  Acts 2003, 78th Leg., ch. 202, § 13, eff. June 10, 2003;  
Acts 2005, 79th Leg., ch. 246, § 4, eff. May 30, 2005;  Acts 2005, 
79th Leg., ch. 1096, § 1, eff. Sept. 1, 2005.


	§ 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, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2001, 77th Leg., ch. 1420, § 14.027(r), eff. Sept. 1, 
2001;  Acts 2003, 78th Leg., ch. 202, § 14, eff. June 10, 2003.


	§ 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, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2001, 77th Leg., ch. 1420, § 14.027(s), eff. Sept. 1, 
2001;  Acts 2003, 78th Leg., ch. 202, § 15, eff. June 10, 2003.


	§ 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, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2001, 77th Leg., ch. 1420, § 14.027(t), eff. Sept. 1, 
2001;  Acts 2003, 78th Leg., ch. 202, § 16, eff. June 10, 2003.


	§ 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, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2001, 77th Leg., ch. 1420, § 14.027(u), eff. Sept. 1, 
2001;  Acts 2003, 78th Leg., ch. 202, § 17, eff. June 10, 2003.


	§ 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, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2001, 77th Leg., ch. 753, § 1, eff. June 13, 2001;  Acts 
2003, 78th Leg., ch. 202, § 18, eff. June 10, 2003.


	§ 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, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2003, 78th Leg., ch. 202, § 19, eff. June 10, 2003.

SUBCHAPTER B. CONTINUING MEDICAL EDUCATION REQUIREMENTS


	§ 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, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2003, 78th Leg., ch. 202, § 20, eff. June 10, 2003.


	§ 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, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2003, 78th Leg., ch. 202, § 21, eff. June 10, 2003.


	§ 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, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2003, 78th Leg., ch. 202, § 22, eff. June 10, 2003.


	§ 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, § 1, eff. Sept. 1, 1999.                    


	§ 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, § 1, eff. Sept. 1, 1999.                    


	§ 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, § 14.029(a), eff. Sept. 
1, 2001.


	§ 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, § 1, eff. Sept. 1, 2005.