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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting the Texas Medical Board from regulating |
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certain physician advertising. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 153.002, Occupations Code, is amended by |
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adding Subsections (c) and (d) to read as follows: |
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(c) Notwithstanding Subsection (a), the board may not adopt |
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rules that regulate the advertising of physicians as "board |
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certified" if the physician: |
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(1) was initially certified by: |
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(A) a medical specialty member board of the |
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American Board of Medical Specialties; |
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(B) a medical specialty member board of the |
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American Osteopathic Association Bureau of Osteopathic |
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Specialists; |
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(C) the American Board of Oral and Maxillofacial |
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Surgery; or |
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(D) any other certifying organization if the |
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organization submits to the board documentation that the certifying |
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organization: |
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(i) has certification requirements that are |
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substantially equivalent to the requirements of the medical |
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specialty member boards under Paragraph (A) or (B); |
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(ii) requires members to complete an |
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examination that has been psychometrically evaluated for |
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validation and administered by a testing organization that tests |
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knowledge and skills in the applicable specialty or subspecialty; |
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(iii) requires members to have successfully |
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completed postgraduate training accredited by the Accreditation |
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Council for Graduate Medical Education or the American Osteopathic |
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Association in the applicable specialty or subspecialty; |
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(iv) uses appropriate peer-review |
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processes; |
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(v) has a total membership of at least 100 |
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licensed members, fellows, diplomates, or certificate holders from |
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at least one-third of the states in the United States; |
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(vi) is exempt from the payment of federal |
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income taxes under Section 501(a), Internal Revenue Code of 1986, |
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by being listed as an exempt entity under Section 501(c) of that |
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code; and |
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(vii) has a permanent headquarters and |
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staff; and |
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(2) in the advertising identifies the certifying |
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organization by which the physician is certified. |
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(d) The board may not charge a fee or require submission of |
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an application by a certifying organization described by Subsection |
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(c)(1)(D). |
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SECTION 2. This Act takes effect September 1, 2025. |