• Texas Medical Board and Medical Practice Act

     

    Texas Medical Board (TMB)

    The Texas Medical Board (TMB) is the state agency charged with keeping Texas patients safe through the licensure and regulation of Texas physicians. The Board consists of twelve physician members and seven public members appointed for 6-year terms by the Governor and confirmed by the Senate.

    Board business includes interviewing licensure candidates, considering disciplinary matters, adopting procedural rules.
    – Rules & Regulations - Most current TMB Laws and Rules, the Proposed Rule Changes, and FAQs for Licensees.
    – Newsroom - TMB Bulletins and Press Releases of recent rule changes, disciplinary action, new licenses issued, info.

     

    Texas Medical Practice Act

    The Texas Medical Practice Act, or Title 3 of the Texas Occupations Code, is where the state statutes are written that govern the practice of medicine and define the limits and responsibilities of medical practice in Texas.

    Other sections of the TX Constitution and Statutes include the Health & Safety Code and Family Code.

     

    Texas Register & Texas Administrative Code

    The Texas Register is a weekly publication from the Texas Secretary of State that serves as the journal of state agency rulemaking, including rules involving the TMB.

    After adoption, these rulemaking actions are codified into the Texas Administrative CodeTitle 22 Examining Boards, Part 9 Texas Medical Board, also known as the TMB Rules.

     

    Texas Medical Association (TMA) Resources on the TMB

    The Texas Medical Association (TMA) provides resources, news and advocacy efforts concerning the TMB.

     

    Texas Physician Health Program (TXPHP)

    This state program provides education, recognition, and assistance in diagnosis and treatment through a recovery program. TMB rules Chapter 180 involve the TXPHP.  For more info, see the TXPHP website.

     

    Physician TMB Profile

    The public is able to access any Texas physician’s TMB profile and look up licensure, specialty, medical school of graduation, graduate medical education, current practice address, hospital privileges, and more.

    Physicians should periodically review their TMB profile to ensure their info is current and accurate.

     

    Complaint Process

    – Notice to patients concerning complaints - Physicians and health organizations must post in their offices the TMB Notice Concerning Complaints (in English and Spanish) that advises patients how to contact and/or file a complaint.
    Complaint notification rules and notices - Chapter 178.3.

    TMB Complaint Process for patients and the public.
    TMB Enforcement Process regarding complaints.

    Flowcharts of the TMB Complaint Investigation Process for physicians.
    Texas Medical Board Investigations-A Physician's Guide Through the Disciplinary Process - TMA has a home-study course that helps physicians understand how their response and actions throughout the process will affect them now and in the future.

    TMB Rules on Complaints, Investigations, and Disciplinary Procedures - for the most current rules.

     

    Electronic Death Registration

    A physician must complete the medical certification not later than five days after receiving an electronic death certificate H&S Code 193.005(b)

    As mandated by state law, a physician who would ever be called upon to sign a death certificate must register with the Texas Department of State Health Services (DSHS) to file electronically. Physicians cannot wait until a death has occurred to register as DSHS may need seven to ten business days to process new enrollments.

    If a physician does not complete an electronic death certificate within the required time frame, a complaint could be filed with TMB and disciplinary action could be taken. For info from the TMB.

    – For guidance from TMA, see Electronic death register avoids TMB fine.
    – For the rules regarding who is required to file, the time allowed for completing the medical certification, obtaining personal information about the patient, the requirement to file electronically, etc., refer to the Health and Safety Code, Title 3. Vital Statistics, Chapter 193: Death Records.
    – For the Handbook on Death Registration from DSHS.

    – Effective January 1, 2019 - DSHS rolled out a new system for processing death and birth certificates - the Texas Electronic Events Registrar (TxEVER). For information, see www.dshs.state.tx.us/vs/field/The-TxEVER-Project/

     

    Licensure, CME Requirements and DEA Registration

    For info on renewing a medical license, including CME requirements, retirement options, and more:

    – Continuing Medical Education (CME) requirements - are in relation to a physician's TMB biennial registration period.
    TMA has a summary of TMB rules for reporting CME activities, with links to CME activity log sheet forms.
    For info on CME programs, please see our Education/CME Programs page.

    – Rules for licensure - Chapter 163-Licensure for the most current TMB rules governing physician licensure.
    – Links for renewals and new applicants - Overview and direct links to pages for registration/renewalnew applicants, faculty temporary permits and visiting physician temporary permits.
    – Pre-licensure process for new licenses - TMB expedites issuance of new licenses through a two-stage pre-licensure process.
    – Renewing your license - For assistance and answers to frequently asked questions regarding online license renewal, click on the left Topics tabs Licensee Resources and Licensing.
    – Licensure Inquiry System of Texas (LIST)

    – Changing your address with the TMB.
    – Retirement options - TMB provides licensure options for physicians who are retiring from medical practice. (Note: The TMB allows retired physicians to use either a home address or a PO Box for the personal mailing address; however, PO Boxes are not allowed to be used as a 'practice' address.)

    – Controlled Substances Registration (CSR) - Effective Sept 1, 2016, the requirement to hold a CSR with the Texas Dept of Public Safety (DPS) was eliminated, and DPS stopped issuing CSRs. The state will NOT replace it with another process. However, physicians must still maintain a current DEA registration. For more on changes with the DPS.
    – DEA registration - For Drug Enforcement Administration (DEA) new and renewing registration online forms...  and for DEA registrant info and assistance... (Note: The DEA does not allow the use of PO Boxes for the registration address. A PO Box may only be used as an addt'l ‘contact’ address.)
    – Prescription Forms - The Texas State Board of Pharmacy is responsible for issuing the Official Prescription Forms.

     

    Pain Management & the Texas Prescription Monitoring Program (PMP)

    TMB has extensive rules regarding the treatment of chronic pain, including minimum requirements that a physician must follow. Refer to the current TMB rules under Chapter 170 Pain Management.

    The Texas Prescription Monitoring Program (PMP) is under the oversight of the Texas State Board of Pharmacy and monitors Schedule II through V controlled substance prescriptions. Physicians are strongly encouraged to set up a PMP account and use it to view and monitor their patients' prescription history for info that might indicate illicit activity, drug abuse, drug diversion, or doctor shopping. A PMP account also allows physicians to verify that their own prescribing records are accurate. 

    Effective September 1, 2018 -
    – Pharmacy Board issued new official prescription forms with advanced security features designed to help deter fraud.
    Effective June 1, 2019 -
    – Any official prescription forms ordered prior to Sept 1, 2018, will no longer be valid, per the Pharmacy Board.
    Effective September 1, 2019 -
    – Pharmacists and prescribers will be required to check the patient’s PMP history before dispensing or prescribing opioids, benzodiazepines, barbiturates, or carisoprodol.

    Resources:
    – From the TMB President - Key clarifications regarding opioid prescribing, Dec 2018.
    – The Texas Medical Association (TMA) has developed an excellent Opioid Resources web page.
    – American Medical Association (AMA) resources on Prescription Drug Misuse, Overdose & Death.
    – A CDC online training series for applying the CDC's guidelines for prescribing opioids.

     

    Pain Management Clinics & Office-Based Anesthesia 

    For info on board rules, registration, inspections, FAQs, forms, and more.

    – Board Rules, Registration Info, Inspection Info of Pain Management Clinics (Chapter 195)
    – Registration and FAQs for Licensees click on the tab Pain Management Clinic Registration
    – Continuing Education for Pain Management Clinics
    – Renewal - Pain Management Clinic Registration FAQs
    – Forms for Pain Management Clinics
    – Office Based Anesthesia

     

    Telemedicine

    For info and resources, please see our Telehealth page.