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Health Professions

Summaries

KP-0036
Ken Paxton

Insurance Code section 843.306 - If a pharmacy benefit manager serves as a delegated entity of a health maintenance organization and thereby terminates contracts with pharmacy providers, the pharmacy benefit manager must comply with the notice and review requirements of section 843.306.|Insurance Code section 1301.057 - With regard to preferred benefit plans, before a contract with a preferred provider is terminated, an insurer must ensure that either itself or the entities with whom it contracts, which could include pharmacy benefit managers, comply with the notice and review process required under section 1301.057.

KP-0124
Ken Paxton

An individual licensed to practice medicine in this State, whether holding a doctorate degree in medicine or osteopathy, may issue a certificate of medical examination for mental illness under Health and Safety Code section 574.009|Certificate of medical examination for mental illness under Health and Safety Code section 574.009 may be issued by an individual licensed to practice medicine in this State, whether holding a doctorate degree in medicine or osteopathy

KP-0168
Ken Paxton

Section 483.102 of the Health and Safety Code - a prescriber may directly or by standing order prescribe an opioid antagonist to law enforcement agencies in a position to assist persons experiencing an opioid-related drug overdose

KP-0188
Ken Paxton

Forensic Science Commission's accreditation authority over postmortem toxicological analysis|Medical examiners and forensic pathologists

KP-0198
Ken Paxton

Board of Examiners of Psychologists rule must not be inconsistent with relevant statute|Submission of bill to third-party payer by licensed psychologist for test conducted by supervisee|Insurance fraud - Penal Code section 35.02 sets out offense of

GA-0040
Greg Abbott

Balance billing, whether physician may bill health maintenance organization enrollee for unpaid balance and whether Department of Insurance may enforce provisions of Health Maintenance Organization Act against such physicians|Balance billing, whether physicians who are not under contract with a health maintenance organization may bill HMO enrollee for unpaid balance and whether Department of Insurance may enforce provisions of Health Maintenance Organization Act against such p|Balance billing, authority to enforce provisions of Health Maintenance Organization Act against physicians who are not under contract with an HMO and who bill HMO enrollee for unpaid balance

GA-0050
Greg Abbott

Subspecialty, Board may deny license to practice medicine to applicant who received training at international institution accredited in specialty but not in particular subspecialty|Same|Subject|Agency construction of statute the agency is charged with administering is not unreasonable as a matter of law because the construction has changed over the years|International training institution accredited in specialty but not subspecialty, applicant for license to practice medicine who received training may be denied license|Medicine, applicant for license to practice who was trained at international institution accredited in specialty but not in particular subspecialty may be denied license

GA-0102
Greg Abbott

Applications for renewal of medical staff membership or privileges for doctors, podiatrists and dentists, a hospital district board, as the governing body of a hospital, may not delegate its duty to take final action on|Credentialing, a hospital district board may delegate the credentialing of its allied health professionals such as advanced practice nurses, physicians assistants, and perfusionists or autotransfusionists|Credentialing, a hospital district board, as the governing body of a hospital, may not delegate its duty to take final action on applications for renewal of medical staff membership or privileges for doctors, podiatrists and dentists|Credentialing of its allied health professionals such as advance practice nurses, physicians assistants, and perfusionists or autotransfusionists, hospital district board may delegate the

GA-0144
Greg Abbott

Acupuncture schools are subject to regulation by the Texas Higher Education Coordinating Board

GA-0212
Greg Abbott

Abortion facilities, validity of Department rules adopted under the Health and Safety Code chapter 245, the Texas Abortion Facility Reporting and Licensing Act, that exclude from regulation abortion facilities exempt from licensing under the Act|Abortion facilities, validity of Department of Health rules adopted under the Health and Safety Code chapter 245, the Texas Abortion Facility Reporting and Licensing Act, that exclude from regulation abortion facilities exempt from licensing under the Act

GA-0236
Greg Abbott

Therapeutic optometrists, section 301.002(2)(c) of the Nursing Practices Act does not authorize therapeutic optometrists to give orders to registered nurses to administer medication or treatment|Administering dangerous drugs, the Board of Nurse Examiners may not permit registered nurses to administer a dangerous drug on the order of a therapeutic optometrist

GA-0271
Greg Abbott

Immunity from liability, section 161.001(a) does not provide, for persons who administer vaccines or immunizing agents in a hospital setting to individuals covered by the federal Medicare program

GA-0285
Greg Abbott

Applicants for medical license examination, State Board of Medical Examiners' interpretation of sections 155.051 and 155.056 of the Occupations Code is reasonable regarding time period for applicants to complete medical license examination and number of a|Medical license examination, applicants must complete within a mandatory time period|Applicants for medical license examination, State Board of Medical Examiners' interpretation of section 155.051 and 155.056 of the Occupations Code is reasonable regarding time period for applicants to complete medical license examination and number of at|Applicants for medical license examination, Board's interpretation of sections 155.051 and 155.056 of the Occupations Code is reasonable regarding time period for applicants to complete medical license examination and number of attempts allowed to take ex

GA-0291
Greg Abbott

Unborn child, a physician is not required to report suspected use of controlled substances by a pregnant patient, which may harm the|Pregnant woman's use of controlled substances, a physician is not required to report suspected|Controlled substances, a physician is not required to report a pregnant patient's suspected use of

GA-0487
Greg Abbott

Educational requirements, authority of Board of Chiropractic Examiners to determine whether license applicant has completed required college courses from a "school other than a chiropractic school"|Educational requirements, authority of Board to determine whether license applicant has completed required college courses from a "school other than a chiropractic school"

GA-0501
Greg Abbott

Abortions, criminal liability of physician performing certain prohibited

GA-0921
Greg Abbott

Financial interest in a retail hearing instrument company, subsection 402.053(d) of the Occupations Code prohibits the doctor member of the State Committee of the Examiners in the Fitting and Dispensing of Hearing Instruments from having a|Financial interest in a retail hearing instrument company, subsection 402.053(d) of the Occupations Code prohibits the doctor member of the Committee from having a|As the administrative agency that oversees the regulation of hearing instruments, the Committee is authorized to determine the scope of the meaning of the prohibition in subsection 402.053(d) of the Occupations Code|Absent statutory definitions of appropriate terms or other meaningful guidance from the Legislature or Texas courts on the meaning of the phrase \\"retail hearing instrument company,\\" in section 402.053(d) of the Occupations Code, we cannot definitively determine the scope of that phrase

GA-0944
Greg Abbott

Adult patient’s childhood, Family Code subsection 261.101(b) does not require professional to report abuse or neglect that professional believes occurred during an adult patient\\'s childhood|Abuse or neglect that a professional believes occurred during an adult patient’s childhood, professional is not required under subsection 261.101(b) of the Family Code to report

GA-1025
Greg Abbott

Occupations Code section 501.004 - a university is not required to use the official title of \\"psychologist\\" or \\"psychological associate\\" when describing employees in order for those employees\\' activities and services to be exempt from the Psychologists\\' Licensing Act|Occupations Code section 501.004 - a university could employ a Licensed Specialist in School Psychology as a psychologist or psychological associate, and the activities or services performed within the scope of that employment would be exempt under|Occupations Code section 501.004 - a university subject to section 501.004 could employ a Licensed Specialist in School Psychology as a psychologist or psychological associate, and that individual\\'s activities or services performed within the scope of the employment would be exempt

GA-1088
Greg Abbott

Mental health records of patients of a psychologist placed in the custody of the State Board of Examiners of Psychologists by a court order are likely not state records under Government Code chapter 441|State Board of Examiners of Psychologists has discretion to determine how to destroy records that are not state records under Government Code chapter 441 in a manner that fully protects the identity and privacy of the patients who are the subject of the records

GA-1089
Greg Abbott

Funding and provision of health care services covered by Medicaid; 2 models, the traditional model and the managed care model|The Health and Human Services Commission is responsible for administering the state\\'s Medicaid Program, which is a federal-state program providing health-care services for low-income individuals|Reimbursement for behavioral health services under Texas Medicaid Reimbursement Methodology|The Texas Health and Human Services Commission does not operate under the Insurance Code. It is the state agency that administers the state\\'s Medicaid program for individuals who cannot afford insurance.

DM-0021
Dan Morales

Athletic trainers, scope of term "physician" in statute licensing | Physician

DM-0050
Dan Morales

Fit and dispense hearing aids, audiology students engaged in measuring human hearing as part of academic curriculum may make impressions for earmolds to be used as parts in hearing aids without obtaining license or temporary permit to|Audiology students, in measuring human hearing as part of academic curriculum students may make impressions for earmolds to be used as parts in hearing aids without obtaining license or temporary permit from Board of Examiners in the Fitting and Dispensi|Audiology students in measuring human hearing as part of academic curriculum may make impressions for earmolds to be used as parts in hearing aids without obtaining license or temporary permit from Board

DM-0091
Dan Morales

Physician|Term of "physician" in the Occupational Therapy Title Act refers to persons licensed by State Board of Medical Examiners, not to health-care practitioners licensed under other statutes

DM-0098
Dan Morales

Health care professional employed part-time by county jail, whether entitled to state representation and indemnification|Charity care or services entitling health care professional to state indemnification, whether part-time employment with county jail constitutes|State representation and indemnification, whether health care professional employed part-time by county jail is entitled to

DM-0136
Dan Morales

HIV- and HBV-infected dental health workers, rules regulating inconsistent with state law and exceed Board's authority|HIV- and HBV-infected dental health workers, regulations adopted by State Board of Dental Examiners inconsistent with state law and exceed Board's authority

DM-0152
Dan Morales

Specific|Optometrists' authority to administer or prescribe drugs or physical treatments, article III, section 51-a does not preclude|Therapeutic optometrist may not administer or prescribe antiviral or antiglaucoma topical ocular pharmaceutical agents

DM-0170
Dan Morales

Retailer|Ophthalmic goods|Retailer of ophthalmic goods, optometrist who is retailer with offices at fewer than four locations is not subject to statutory conflict of interest provision|Ophthalmic goods, optometrist who is also retailer of with offices at fewer than four locations is not subject to statutory conflict of interest provision

DM-0238
Dan Morales

Voluntary criminal conviction checks by licensees of Department of Human Services and Department of Health of employees licensed under other law, employer required to terminate employee if check reveals convictions for certain types of offenses

DM-0263
Dan Morales

Validity of enrolled bill will not be impeached when legislation challenged under article III, section 30 of Texas Constitution|EMS personnel recertification, authority of Department of Health to require examination for|Legislation challenged under article III, section 30, validity of enrolled bill will not be impeached|EMS personnel recertification, authority to require examination for|Legislation challenged under article III, section 30 of Texas Constitution, validity of enrolled bill will not be impeached

DM-0292
Dan Morales

Medical radiologic technologists, whether Board of Health may implement system of specialty certification for|Medical radiologic technologists, whether Board may implement system of specialty certification for

DM-0321
Dan Morales

Psychologist's license necessary to practice psychotherapy, hypnosis, hypnotherapy, or biofeedback for compensation|Psychotherapy, hypnosis, hypnotherapy, or biofeedback, individual may not practice for compensation unless licensed as psychologist|Psychotherapy, hypnosis, hypnotherapy, or biofeedback for compensation, authority of Board to enjoin unlicensed practice of

DM-0336
Dan Morales

Titles used by acupuncturists, authority of Board to recommend to Board of Medical Examiners use of certain|Acupuncturist titles, authority of Board of Acupuncture Examiners to recommend to Board of Medical Examiners use of certain

DM-0379
Dan Morales

Medicaid contracts, whether health care providers must submit statements regarding child support|Child support, whether state Medicaid providers must submit statements regarding|Medicaid contracts, whether health care providers must submit statements regarding child support delinquency|State Medicaid contracts, whether health care providers must submit statements regarding child support|Child support delinquency, whether state Medicaid providers must submit statements regarding

DM-0388
Dan Morales

Athletic trainer, coach who is not licensed as may not perform duties of athletic trainer whether or not coach is compensated to perform those duties|Athletic trainer, no one, including a coach, may perform as unless licensed

DM-0415
Dan Morales

Acupuncture, chiropractor may not practice without appropriate license (Superseded by statute as noted in Tex. Att'y Gen. Op. No. DM-471 (1998))|Acupuncture, chiropractor may not practice without appropriate license (Superseded by statute as noted in Tex. Att'y Gen. Op. No. DM-471 (1998))|Incisive|Surgical

DM-0416
Dan Morales

Cocaine eye drops, Board may adopt rule authorizing therapeutic optometrist to administer in certain circumstances|Cocaine eye drops, Optometry Board may adopt rule authorizing therapeutic optometrist to administer in certain circumstances

DM-0423
Dan Morales

Hyperbaric oxygen therapy, State Board of Medical Examiners has authority to determine whether constitutes practice of medicine and to regulate|Podiatry, whether hyperbaric oxygen therapy constitutes practice of subject to determination by State Board of Podiatric Medical Examiners|Hyperbaric oxygen therapy, Board has authority to determine whether constitutes practice of medicine and to regulate performance|Hyperbaric oxygen therapy, whether constitutes practice of podiatry subject to determination by Board

DM-0425
Dan Morales

Surgery|Definition may not be imported from one statute to a prior-enacted statute (Superseded by statute as noted in Tex. Att'y Gen. Op. No. JC-0097 (1999))|Therapeutic optometrist, authority of Board to define surgery for purposes of limiting practice of (Superseded by statute as noted in Tex. Att'y Gen. Op. No. JC-0097 (1999))|Surgery, therapeutic optometrist may not perform (Superseded by statute as noted in Tex. Att'y Gen. Op. No. JC-0097 (1999))

DM-0443
Dan Morales

Needle electromyography, authority of Board of Medical Examiners and Board of Physical Therapy Examiners to regulate|Needle electromyography, authority of Board and Board of Physical Therapy Examiners to regulate|Needle electromyography, authority of Board and State Board of Medical Examiners to regulate

DM-0471
Dan Morales

Acupuncture, whether included within scope of practice

DM-0472
Dan Morales

Injectable vitamins, use of

DM-0477
Dan Morales

Medical assistance (medicaid) payment to service provider, Department of Health may allocate all or part to pay provider's child support obligation|Medical assistance (medicaid) payment to service provider, Department may allocate all or part to pay provider's child support obligation

DM-0499
Dan Morales

Hepatitis|Viral hepatitis|Hepatitis, commission may determine by rule what strains of hepatitis license applicant must be tested for, but commission may not refuse to license applicant with hepatitis if applicant is otherwise qualified|Hepatitis, Cosmetology Commission may not refuse to license person with hepatitis if person is otherwise qualified|Cosmetology license, Cosmetology Commission may determine by rule what strains of hepatitis physician must test applicant for|Americans with Disabilities Act, Cosmetology Commission may not, consistent with the act, refuse to license person with hepatitis if otherwise qualified|Hepatitis, Cosmetology Commission may not, consistent with the Americans with Disabilities Act, refuse to license person with hepatitis if otherwise qualified|Hepatitis, Cosmetology Commission may determine by rule what strains of hepatitis physician must test license applicant for, but commission may not refuse to license applicant with hepatitis if applicant is otherwise qualified|Cosmetology license, Cosmetology Commission may determine by rule what strains of hepatitis applicant must be tested for, but commission may not refuse to license applicant with hepatitis if applicant is otherwise qualified

JC-0097
John Cornyn

Surgery|Surgery, therapeutic optometrist may perform procedures within statutory definition of

JC-0108
John Cornyn

Peer review committee, evaluation of by governing body of hospital district acting as|Medical peer review committee, when governing body of hospital district acts as|Exemption from Open Meetings Act for governing body of hospital district when acting as medical peer review committee|Medical peer review committee, exemption from open meetings act for governing body of hospital district acting as

JC-0117
John Cornyn

Anesthesia, selection and administration of by certified registered nurse anesthetist is within scope of professional nursing if task delegated by physician and subject to regulation by Board of Nurse Examiners|Anesthesia, selection and administration of by certified registered nurse anesthetist is within scope of professional nursing if task delegated by physician and subject to regulation by Board|Delegate

JC-0186
John Cornyn

Pharmacy license, automatic prescription drug dispensing machine located at nursing home must be licensed as a pharmacy and under onsite supervision of pharmacist|Automatic prescription drug dispensing machine located at nursing home must be licensed as a pharmacy and under onsite supervision of pharmacist|Nursing home, automatic prescription drug dispensing machine located at must be licensed as a pharmacy and under onsite supervision of pharmacist

JC-0274
John Cornyn

State Board of Podiatric Medical Examiners, not authorized to conduct warrantless, on-site compliance inspections of its licensees or their premises|Inspections, Texas State Board of Podiatric Medical Examiners not authorized to conduct warrantless, on-site compliance inspections|Inspections, Board is not authorized to conduct warrantless, on-site compliance inspections

JC-0321
John Cornyn

Psychologist or psychological associate, activity or service that is within scope of employment by governmental agency or regionally accredited institution of higher education is not subject to Psychologists' Licensing Act (Overrules Tex. Att'y Gen. Op. |License to practice psychology, activity or service that is within the scope of employment by governmental agency or regionally accredited institution of higher education is not subject to Psychologists' Licensing Act (Overrules Tex. Att'y Gen. Op. No. J|Governmental agency or regionally accredited institution of higher education, job-related activity of employee who is licensed psychologist or psychological associate is not subject to Psychologists' Licensing Act (Overrules Tex. Att'y Gen. Op. No. JM-12

JC-0342
John Cornyn

Physician advertising, authority of Board to prohibit use of testimonials in|Advertising, authority of Board of Medical Examiners to prohibit use of testimonials in|Board of Medical Examiners, authority to prohibit by rule physician advertising containing testimonial

JC-0344
John Cornyn

Accompany|Register|Examination fee, applicant for physical therapist license or physical therapist assistant license must be submitted to Board with license application|Examination fee for physical therapist license or physical therapist assistant license applicant may not be submitted directly to examination provider|Physical therapist license or physical therapist assistant license, applicant for may not submit examination fee directly to examination provider

JC-0379
John Cornyn

Acupuncture, administration of "energy flow exercise" is not within statutory definition of the practice of acupuncture|Energy flow exercise|Spinal manipulation

JC-0381
John Cornyn

Professional title, the term "Optometric Glaucoma Specialist" may not be used exclusively as a|Optometric Glaucoma Specialist

JC-0441
John Cornyn

Regulation defining foot to include tibia and fibula is inconsistent with statutory definition of podiatry and was beyond Board's authority to adopt|Fibula|Foot|Tibia|Podiatry limited to treatment of medical conditions originating in human foot, which does not include tibia or fibula

JC-0458
John Cornyn

Testimonials, court would probably find that blanket ban on testimonials violates First Amendment to United States Constitution|Testimonials, court would probably find that blanket ban on testimonials violates First Amendment to Constitution

JC-0555
John Cornyn

Physician-patient privilege, application to medical information provided by person with disability to state agency in request for accommodations in licensing examination|Medical information provided by person with disability to state agency in request for accommodations in licensing examination is not confidential under Americans with Disabilities Act|Medical information provided by person with a disability to a state agency in requesting accommodations in a licensing examination, application of physician-patient privilege to

JC-0559
John Cornyn

Nonprofit health corporations certified by Texas State Board of Medical Examiners, authority to examine|Nonprofit health corporations certified by Texas State Board of Medical Examiners, authority of Department of Insurance to examine

JM-1148
Jim Mattox

School of chiropractic, authority to determine whether bona fide and reputable|School of chiropractic, authority of Board of Chiropractic Examiners to determine whether bona fide and reputable

JM-1211
Jim Mattox

Physical therapy, licensed chiropractor may advertise his services as|Physical therapy

JM-1247
Jim Mattox

Exempt from statutory licensing and certification requirements, person who would otherwise be submits self to jurisdiction of Board of Examiners of Psychologists once he or she becomes licensed or certified as psychologist|Exempt from statutory licensing and certification requirements, person who would otherwise be submits self to Board's jurisdiction once he or she becomes licensed or certified as psychologist

KP-0260
Ken Paxton

Under subsection 301.161 S(b) of the Occupations Code, the Texas Board of Nursing may not disclose the criminal history record information of its license applicants or holders to any person except to another nursing board or by court order.

When the Department of Public Safety provides the Board with a nondisclosure order or the order's contents, subsection 411.075(d) of the Government Code requires the Board to seal criminal history record information it maintains that is subject to the nondisclosure order. The Board has a duty to seal and maintain such information as confidential even when the Board learns of a nondisclosure order after issuing a final disciplinary action.

KP-0266
Ken Paxton

The practice of medicine includes the provision of anesthesia by a licensed physician.  However, pursuant to subsection 301.002(2)(G) of the Occupations Code, when a certified registered nurse anesthetist administers anesthesia pursuant to a physician’s delegation, such act falls within the scope of professional nursing.

The Legislature authorized the Texas Medical Board to take disciplinary action against a physician who delegates professional medical acts to a person whom the physician knows or should know is unqualified to perform the acts.  Thus, the Board possesses regulatory authority over a physician’s decision to delegate the providing and administration of anesthesia to a certified registered nurse anesthetist.

A certified registered nurse anesthetist does not possess independent authority to administer anesthesia without delegation by a physician.