BILL ANALYSIS

S.B. 2207

By: Hall

Public Health

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The bill sponsor has informed the committee that current Texas Medical Board rules prevent physicians from identifying as "board certified" unless they participate in a costly, ongoing recertification program controlled by a private organization, which even applies to physicians who have completed accredited training, passed rigorous board exams, and continue to meet high clinical and educational standards. The bill sponsor has further informed the committee that the program has no proven benefit to patients and imposes significant financial and administrative burdens on doctors, which disproportionately affects younger, actively practicing physicians. S.B. 2207 seeks to end unnecessary red tape, reduce physician burnout, and improve access to care by allowing physicians who were initially certified by certain medical specialty boards or other qualifying certifying organizations to represent themselves as "board certified."

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

S.B. 2207 amends the Occupations Code to prohibit the Texas Medical Board (TMB) from adopting rules that regulate the advertising of physicians as "board certified" if the physician:

· was initially certified by one of the following:

o a medical specialty member board of the American Board of Medical Specialties;

o a medical specialty member board of the American Osteopathic Association Bureau of Osteopathic Specialists;

o the American Board of Oral and Maxillofacial Surgery; or

o any other certifying organization if the organization submits to the TMB documentation that the certifying organization:

§ has certification requirements that are substantially equivalent to the requirements of the American Board of Medical Specialties or the American Osteopathic Association Bureau of Osteopathic Specialists;

§ requires members to complete an examination that has been psychometrically evaluated for validation and administered by a testing organization that tests knowledge and skills in the applicable specialty or subspecialty;

§ requires members to have successfully completed postgraduate training accredited by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association in the applicable specialty or subspecialty;

§ uses appropriate peer-review processes;

§ has a total membership of at least 100 licensed members, fellows, diplomates, or certificate holders from at least one-third of the states in the United States;

§ is a 501(c) tax-exempt organization; and

§ has a permanent headquarters and staff; and

· in the advertising identifies the certifying organization by which the physician is certified.

The bill prohibits the TMB from charging a fee or requiring submission of an application by a certifying organization that submits the specified documentation to the TMB under the bill's provisions.

EFFECTIVE DATE

September 1, 2025.