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Physicians

Summaries

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

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-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-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-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

DM-0021
Dan Morales

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

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-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-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-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-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

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.