Title OC, Occupations Code

Sec. 103.001. RIGHT TO OBJECT. A physician, nurse, staff member, or employee of a hospital or other health care facility who objects to directly or indirectly performing or participating in an abortion procedure may not be required to directly or indirectly perform or participate…

Sec. 103.002. DISCRIMINATION PROHIBITED. (a) A hospital or health care facility may not discriminate against a physician, nurse, staff member, or employee, or an applicant for one of those positions, who refuses to perform or participate in an abortion procedure. (b) A hospital o…

Sec. 103.003. REMEDIES. A person whose rights under this chapter are violated may sue a hospital, health care facility, or educational institution in district court in the county where the hospital, facility, or institution is located for: (1) an injunction against any further vi…

Sec. 103.004. DUTY OF CERTAIN PRIVATE ENTITIES TO MAKE FACILITIES AVAILABLE. A private hospital or private health care facility is not required to make its facilities available for the performance of an abortion unless a physician determines that the life of the mother is immedia…

Sec. 104.001. SHORT TITLE. This chapter may be cited as the Healing Art Identification Act. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 104.002. HEALING ART. The healing art includes any system, treatment, operation, diagnosis, prescription, or practice to ascertain, cure, relieve, adjust, or correct a human disease, injury, or unhealthy or abnormal physical or mental condition. Acts 1999, 76th Leg., ch. 388…

Sec. 104.003. REQUIRED IDENTIFICATION. (a) A person subject to this section who uses the person's name on a written or printed professional identification, including a sign, pamphlet, stationery, or letterhead, or who uses the person's signature as a professional identification s…

Sec. 104.004. OTHER PERSONS USING TITLE "DOCTOR". In using the title "doctor" as a trade or professional asset or on any manner of professional identification, including a sign, pamphlet, stationery, or letterhead, or as a part of a signature, a person other than a person describ…

Sec. 104.005. ENFORCEMENT. (a) On the request of a healing art licensing board listed in Section 104.003, the district or county attorney shall file and prosecute appropriate judicial proceedings in the name of the state against a person who violates Section 104.003. (b) The dist…

Sec. 104.006. APPLICABILITY TO ESTABLISHED CHURCH. This chapter does not affect the use of the principles or teachings of an established church in ministering, without the use of any drug or material remedy, to the sick or suffering by prayer if: (1) sanitary and quarantine laws …

Sec. 104.007. PENALTIES. (a) A person who violates this chapter commits an offense. An offense under this section is a misdemeanor punishable by: (1) on conviction of a first offense, a fine of $100; (2) on conviction of a second offense, a fine of $500; and (3) on conviction of …

Sec. 105.001. DEFINITION. In this chapter, "health care provider" means a person who furnishes services under a license, certificate, registration, or other authority issued by this state or another state to diagnose, prevent, alleviate, or cure a human illness or injury. Added b…

Sec. 105.002. UNPROFESSIONAL CONDUCT. (a) A health care provider commits unprofessional conduct if the health care provider, in connection with the provider's professional activities: (1) knowingly presents or causes to be presented a false or fraudulent claim for the payment of …

Sec. 106.001. EFFECT OF INTERNET ACTIVITY. (a) In this section: (1) "Licensing authority" means a department, commission, board, office, or other agency of the state or a political subdivision of the state that regulates activities and persons under this title. (2) "Internet" has…

Sec. 107.001. SHORT TITLE. This chapter may be cited as the Intractable Pain Treatment Act. Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.002(a), eff. Sept. 1, 2003.

Sec. 107.002. DEFINITIONS. In this chapter: (1) 'Board' means the Texas State Board of Medical Examiners. (2) 'Intractable pain' means a state of pain for which: (A) the cause of the pain cannot be removed or otherwise treated; and (B) in the generally accepted course of medical …

Sec. 107.003. NONAPPLICABILITY OF CHAPTER TO CERTAIN CHEMICALLY DEPENDENT PERSONS. Except as provided by Subchapter C, this chapter does not apply to a person being treated by a physician for chemical dependency because of the person's use of a dangerous drug or controlled substa…

Sec. 107.051. AUTHORITY TO PRESCRIBE OR ADMINISTER DANGEROUS DRUG OR CONTROLLED SUBSTANCE. Notwithstanding any other law, a physician may prescribe or administer a dangerous drug or controlled substance to a person in the course of the physician's treatment of the person for intr…

Sec. 107.052. LIMITATIONS ON PRESCRIPTION OR ADMINISTRATION OF DANGEROUS DRUG OR CONTROLLED SUBSTANCE. This chapter does not authorize a physician to prescribe or administer to a person a dangerous drug or controlled substance: (1) for a purpose that is not a legitimate medical p…

Sec. 107.053. LIMITATION ON AUTHORITY OF HOSPITAL OR OTHER HEALTH CARE FACILITY REGARDING USE OF DANGEROUS DRUG OR CONTROLLED SUBSTANCE. A hospital or other health care facility may not prohibit or restrict the use of a dangerous drug or controlled substance prescribed or adminis…

Sec. 107.101. PATIENT. In this subchapter, "patient" includes a person who: (1) is currently abusing a dangerous drug or controlled substance; (2) is not currently abusing such a drug or substance but has a history of such abuse; or (3) lives in an environment that poses a risk f…

Sec. 107.102. AUTHORITY TO TREAT. This chapter authorizes a physician to treat a patient with an acute or chronic painful medical condition with a dangerous drug or controlled substance to relieve the patient's pain using appropriate doses, for an appropriate length of time, and …

Sec. 107.103. DUTY TO MONITOR PATIENT. A physician who treats a patient under this subchapter shall monitor the patient to ensure that a prescribed dangerous drug or controlled substance is used only for the treatment of the patient's painful medical condition. Added by Acts 2003…

Sec. 107.104. DOCUMENTATION AND CONSULTATION REQUIRED. To ensure that a prescribed dangerous drug or controlled substance is not diverted to another use and to ensure the appropriateness of the treatment of the patient's targeted symptoms, the physician shall: (1) specifically do…

Sec. 107.151. DISCIPLINARY ACTION PROHIBITED. A physician is not subject to disciplinary action by the board for prescribing or administering a dangerous drug or controlled substance in the course of treatment of a person for intractable pain. Added by Acts 2003, 78th Leg., ch. 1…

Sec. 107.152. AUTHORITY OF BOARD TO REVOKE OR SUSPEND LICENSE. (a) This chapter does not affect the authority of the board to revoke or suspend the license of a physician who: (1) prescribes, administers, or dispenses a drug or treatment: (A) for a purpose that is not a legitimat…

Sec. 108.001. DEFINITION. In this subchapter, "board" means the Texas Medical Board. Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.003(a), eff. Sept. 1, 2003. Amended by: Acts 2019, 86th Leg., R.S., Ch. 789 (H.B. 1899), Sec. 7, eff. September 1, 2019.

Sec. 108.002. LICENSE SUSPENSION ON CONVICTION; REVOCATION. (a) The board shall suspend a license issued by the board if it is determined at an administrative hearing that the license holder has been convicted of a felony under Chapter 481 or 483, Health and Safety Code, or Secti…

Sec. 108.003. LICENSE REINSTATEMENT OR REISSUANCE. (a) The board may not reinstate or reissue a license suspended or revoked under Section 108.002 unless an express determination is made that the reinstatement or reissuance of the license is in the best interests of the public an…

Sec. 108.051. DEFINITIONS. In this subchapter: (1) "Health care professional" means: (A) a dentist licensed under Subtitle D; (B) a dental hygienist licensed under Chapter 262; (C) a hearing instrument fitter and dispenser licensed under Chapter 402; (D) a nurse, including an adv…

Sec. 108.052. DENIAL OF LICENSE. A licensing authority shall deny an application for a license as a health care professional for an applicant who: (1) is required to register as a sex offender under Chapter 62, Code of Criminal Procedure; (2) has been previously convicted of or p…

Sec. 108.053. REVOCATION OF LICENSE. (a) The license of a health care professional is revoked if the health care professional is: (1) convicted or placed on deferred adjudication community supervision for an offense described by Section 108.052(2) or (3); or (2) required to regis…

Sec. 108.054. REAPPLICATION. A person whose license application is denied under this subchapter: (1) based on a conviction or placement on deferred adjudication community supervision for an offense described by Section 108.052(2) or (3) may reapply for the license if the convicti…

Sec. 108.055. REINSTATEMENT. A person whose license is revoked under this subchapter: (1) based on a conviction or placement on deferred adjudication community supervision for an offense described by Section 108.052(2) or (3) may apply for reinstatement of the license with the ap…

Sec. 109.001. DEFINITIONS. In this chapter: (1) "Administration of criminal justice" and "criminal justice agency" have the meanings assigned by Article 66.001, Code of Criminal Procedure. (2) "Local law enforcement authority" has the meaning assigned by Article 62.001, Code of C…

Sec. 109.002. PURPOSE OF RELEASING INFORMATION. A person who is required by this chapter to release or obtain information may do so only for the administration of criminal justice. Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.004(a), eff. Sept. 1, 2003. Amended by Acts 2003, …

Sec. 109.003. IMMUNITY FROM DAMAGES. A person who releases or obtains information as authorized by this chapter is not liable for damages arising from the release of the information. Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.004(a), eff. Sept. 1, 2003. SUBCHAPTER B. RELEAS…

Sec. 109.051. RELEASE BY PERSONS PROVIDING MENTAL HEALTH OR MEDICAL SERVICES. (a) Information concerning the treatment of a sex offender may be released by a person who: (1) is licensed or certified in this state to provide mental health or medical services, including a: (A) phys…

Sec. 109.052. RELEASE BY CRIMINAL JUSTICE AGENCY. A criminal justice agency, on request or in the normal course of official business, shall release information concerning the treatment of a sex offender to: (1) another criminal justice agency; (2) a local law enforcement authorit…

Sec. 109.053. RELEASE BY LOCAL LAW ENFORCEMENT AUTHORITY. A local law enforcement authority, on request or in the normal course of official business, shall release information concerning the treatment of a sex offender to: (1) another local law enforcement authority; (2) a crimin…

Sec. 109.054. TREATMENT INFORMATION. In this subchapter, information concerning the treatment of a sex offender includes: (1) criminal history; (2) the discharge summary; (3) the official offense report; (4) progress reports; (5) test results; (6) victim statements; and (7) any o…

Sec. 110.001. DEFINITIONS. In this chapter: (1) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 5.318(1), eff. April 2, 2015. (2) "Council" means the Council on Sex Offender Treatment. (3) "Department" means the Department of State Health Services. (3-a) "Executive director" …

Sec. 110.002. APPLICATION OF CHAPTER. (a) This chapter does not apply to a person licensed to practice in this state who provides adjunct therapy. (b) This chapter does not apply to the prescribing of a drug, remedy, or clinical supply by a physician licensed under Subtitle B. Ad…

Sec. 110.051. COUNCIL; MEMBERSHIP. (a) The council is within the department. (b) The council consists of seven part-time members, appointed by the governor with the advice and consent of the senate as follows: (1) three representatives of the public; and (2) four members each of …

Sec. 110.052. PUBLIC MEMBERSHIP ELIGIBILITY. A person is not eligible for appointment as a public member if: (1) the person meets the requirements for a license as a sex offender treatment provider under this chapter; or (2) the person or the person's spouse: (A) is registered, c…

Sec. 110.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) In this section, "Texas trade association" means a nonprofit, cooperative, and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or professio…