Title OC, Occupations Code

Sec. 58.103. EXCEPTIONS TO CONFIDENTIALITY. (a) Subject to Subchapter G, Chapter 411, Government Code, genetic information may be disclosed without an authorization under Section 58.104 if the disclosure is: (1) authorized under a state or federal criminal law relating to: (A) th…

Sec. 58.104. AUTHORIZED DISCLOSURE. An individual or the legal representative of an individual may authorize disclosure of genetic information relating to the individual by a written authorization that includes: (1) a description of the information to be disclosed; (2) the name o…

Sec. 58.105. CIVIL PENALTY. (a) A person who discloses genetic information in violation of Sections 58.102-58.104 is liable for a civil penalty not to exceed $10,000. (b) The attorney general may bring an action in the name of the state to recover a civil penalty under this secti…

Sec. 59.001. CONFIDENTIALITY OF SOCIAL SECURITY NUMBER. The social security number of an applicant for or holder of a license, certificate of registration, or other legal authorization issued by a licensing agency to practice in a specific occupation or profession that is provide…

Sec. 60.001. DEFINITIONS. In this chapter: (1) "Licensing authority" means a state agency, county, or municipality that is authorized to issue an occupational license. (2) "Occupational license" means a license, certificate, registration, permit, or other form of authorization re…

Sec. 60.002. REQUIREMENTS FOR DIGITAL LICENSES. A licensing authority that issues an occupational license may issue a digital license to a license holder. If the licensing authority issues a digital license, the digital license must comply with the following requirements: (1) the…

Sec. 101.001. HEALTH PROFESSIONS COUNCIL. In this chapter, "council" means the Health Professions Council. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 101.002. COMPOSITION OF COUNCIL. The council consists of 13 members, with one member appointed by each of the following: (1) the Texas Board of Chiropractic Examiners; (2) the State Board of Dental Examiners; (3) the Texas Optometry Board; (4) the Texas State Board of Pharma…

Sec. 101.003. OFFICERS. The council shall elect from the council's members a presiding officer and assistant presiding officer to conduct the business of the council. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 101.004. COMPENSATION OF MEMBERS. A member of the council is not entitled to receive compensation or a per diem for the member's service on the council. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 101.005. COUNCIL STAFF. The council may employ staff or designate staff for the council from the employees of the regulatory agencies listed in Section 101.002 as necessary for the council to carry out the council's duties. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1…

Sec. 101.006. BUDGET. The council shall adopt an annual budget that is funded by a prorated assessment paid by the regulatory agencies listed in Section 101.002. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 101.007. DUTIES OF COUNCIL. The council shall: (1) administer the functions provided by this chapter; and (2) provide a means for the regulatory agencies represented on the council to coordinate administrative and regulatory efforts. Acts 1999, 76th Leg., ch. 388, Sec. 1, ef…

Sec. 101.051. TELEPHONE COMPLAINT SYSTEM. The council shall establish and operate a toll-free telephone complaint system to provide assistance and referral services for persons making a complaint relating to a health profession regulated by the state. Acts 1999, 76th Leg., ch. 38…

Sec. 101.0515. APPLICABILITY OF SUBCHAPTER. This subchapter does not apply to the Texas Funeral Service Commission. Added by Acts 2001, 77th Leg., ch. 682, Sec. 1.02, eff. Sept. 1, 2001.

Sec. 101.052. TELEPHONE LISTING. A state agency that regulates a health profession shall list the toll-free telephone number of the complaint system with the agency's regular telephone number. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 101.053. CONFIDENTIALITY. A complaint, adverse report, or other information regarding the content of a complaint in the possession of the council or its employee or agent relating to a person initiating a complaint or the license holder who is the subject of the complaint is…

Sec. 101.101. TRAINING PROGRAM. (a) The council shall establish a training program for the governing bodies of state agencies that regulate health professions. (b) Before a member of a governing body may assume the member's duties and before the member may be confirmed by the sen…

Sec. 101.102. PROGRAM REQUIREMENTS. The training program must provide information to a participant regarding: (1) the enabling legislation that created the governing body to which the member is appointed; (2) the programs operated by the state agency governed by the governing bod…

Sec. 101.151. ANNUAL REPORT. (a) The council shall prepare an annual report that includes: (1) a statistical compilation of enforcement actions taken by a regulatory agency listed in Section 101.002; (2) recommendations for statutory changes to improve the regulation of the healt…

Sec. 101.201. FALSE, MISLEADING, OR DECEPTIVE ADVERTISING. (a) A person may not use advertising that is false, misleading, deceptive, or not readily subject to verification. (b) False, misleading, or deceptive advertising or advertising not readily subject to verification include…

Sec. 101.203. OVERCHARGING OR OVERTREATING. A health care professional may not violate Section 311.0025, Health and Safety Code. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.011(a), eff. Sept. 1, 2001.

Sec. 101.204. REMEDIES. (a) A violation of this subchapter is subject to action by the appropriate health licensing agency as a ground for revocation or denial of a license. (b) A violation of Section 101.201 is grounds for action under Section 17.47, 17.58, 17.60, or 17.61, Busi…

Sec. 101.251. CIVIL PENALTY. (a) A person who violates this chapter is liable to the state for a civil penalty in an amount not to exceed $1,000 for each violation. Each day a violation occurs constitutes a separate violation. (b) The attorney general may initiate an action under…

Sec. 101.252. INJUNCTION. (a) The attorney general or the appropriate health licensing agency may bring an action for an injunction to stop a violation or threatened violation of this chapter. (b) The attorney general or health licensing agency may recover reasonable expenses inc…

Sec. 101.253. REMEDIES NOT EXCLUSIVE. The remedies provided by this chapter are in addition to any other remedy provided by law, including rules. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. SUBCHAPTER G. OFFICE OF PATIENT PROTECTION

Sec. 101.301. GENERAL PROVISIONS. (a) In this subchapter: (1) "Consumers as a class" means five or more individuals whose complaints are of the same or similar regulatory and factual circumstances and issues. (2) "Licensing agency" means a health occupation regulatory agency that…

Sec. 101.302. EXECUTIVE COMMITTEE; DIRECTOR. (a) The governor shall appoint an executive committee consisting of at least three members who are public members of the governing bodies of licensing agencies. The executive committee shall appoint a director for the office. The direc…

Sec. 101.303. ADMINISTRATIVE ATTACHMENT TO COUNCIL; REIMBURSEMENT. The office is located in the council but may not interfere with the other duties of the council. The office shall reimburse the council from fees received by the office under Section 101.307 for administrative cos…

Sec. 101.304. PUBLIC INFORMATION PROVIDED BY OFFICE; STANDARD COMPLAINT FORM. (a) The office shall provide to the public information about the complaint process at each licensing agency. (b) The office shall conduct a public awareness campaign to increase awareness of the telepho…

Sec. 101.305. POWERS AND DUTIES OF OFFICE. (a) The office shall: (1) establish, in consultation with and on the approval of the council, protocols for interaction with licensing agencies; (2) serve as the ombudsman for consumer complaints at the licensing agencies on the request …

Sec. 101.306. MONITORING OF AGENCIES. (a) The office shall review and evaluate rules proposed for adoption by the licensing agencies and changes made to the statutes that govern the operation of the agencies and the professions regulated by the agencies. (b) The office may report…

Sec. 101.307. FUNDING OF OFFICE. (a) To provide funding sufficient for the office to exercise the powers and duties prescribed by this subchapter: (1) the initial licensing or registration fee charged by each licensing agency is increased by $5; and (2) the renewal fee charged by…

Sec. 101.351. FAILURE TO PROVIDE BILLING INFORMATION. On the written request of a patient, a health care professional shall provide, in plain language, a written explanation of the charges for professional services previously made on a bill or statement for the patient. This sect…

Sec. 101.352. BILLING POLICIES AND INFORMATION; PHYSICIANS. (a) A physician shall develop, implement, and enforce written policies for the billing of health care services and supplies. The policies must address: (1) any discounting of charges for health care services or supplies …

Sec. 102.001. SOLICITING PATIENTS; OFFENSE. (a) A person commits an offense if the person knowingly offers to pay or agrees to accept, directly or indirectly, overtly or covertly any remuneration in cash or in kind or any benefit or commission to or from another for securing or s…

Sec. 102.002. REBUTTABLE PRESUMPTION. It is a rebuttable presumption that a person violated Section 102.001 if: (1) the person refers or accepts a referral of a patient to an inpatient mental health facility or chemical dependency treatment facility; (2) before the patient is dis…

Sec. 102.003. FEDERAL LAW; CONSTRUCTION. Section 102.001 permits any payment, business arrangement, or payment practice permitted by 42 U.S.C. Section 1320a-7b(b) or any regulation adopted under that law. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 102.004. APPLICABILITY TO ADVERTISING. Section 102.001 does not prohibit advertising, unless the advertising is: (1) false, misleading, or deceptive; (2) not readily subject to verification, if the advertising claims professional superiority or the performance of a professio…

Sec. 102.005. APPLICABILITY TO CERTAIN ENTITIES. Section 102.001 does not apply to: (1) a licensed insurer; (2) a governmental entity, including: (A) an intergovernmental risk pool established under Chapter 172, Local Government Code; and (B) a system as defined by Section 1601.0…

Sec. 102.006. FAILURE TO DISCLOSE; OFFENSE. (a) A person commits an offense if: (1) the person, in a manner otherwise permitted under Section 102.001, accepts remuneration, a benefit, or a commission to secure or solicit a patient or patronage for a person licensed, certified, or…

Sec. 102.007. APPLICABILITY. (a) This subchapter does not apply to a health care information service that: (1) provides its services to a consumer only by telephone communication on request initiated by the consumer and without charge to the consumer; (2) provides information abo…

Sec. 102.008. DISCIPLINARY ACTION. A violation of Section 102.001 or 102.006 is grounds for disciplinary action by the regulatory agency that issued a license, certification, or registration to the person who committed the violation. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Se…

Sec. 102.009. INJUNCTION. (a) The attorney general or the appropriate district or county attorney, in the name of the state, may institute and conduct an action in a district court of Travis County or of a county in which any part of the violation occurs for an injunction or othe…

Sec. 102.010. CIVIL PENALTIES. (a) A person who violates this subchapter is subject to a civil penalty of not more than $10,000 for each day of violation and each act of violation. In determining the amount of the civil penalty, the court shall consider: (1) the person's previous…

Sec. 102.011. SUIT FOR INJUNCTIVE RELIEF OR ASSESSMENT OF CIVIL PENALTY. (a) The party bringing a suit under this subchapter may: (1) combine a suit to assess and recover civil penalties with a suit for injunctive relief; or (2) file a suit to assess and recover civil penalties i…