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 and expires on
the last day of the birth month of the license holder.
(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.
§ 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.
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.
§ 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.
