BILL ANALYSIS Senate Research Center S.B. 2207 89R14178 GP-F By: Hall Health & Human Services 3/28/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT The Texas Medical Board (TMB) rules governing physician board certification advertising include many onerous regulations. Currently, the rules name only three boards under which a physician can advertise. These named boards are not the only qualified boards under which a physician may seek certification. Additionally, there are heavy requirements and regulations that a physician must adhere to just to advertise which board certification they have, including an extensive application and expensive fee of $200 paid directly to the TMB. The TMB advertising rules are a gross overstep of what agency rules ought to do. Board certification is different from licensing; board certification is not required to practice medicine and is the result of a physician's own initiative. Therefore, it is not in the scope of the TMB to regulate it so heavily. A physician should be free to advertise as they choose if the board is legitimate and they disclose which board they are certified under to their patients. As proposed, S.B. 2207 amends current law relating to prohibiting the Texas Medical Board from regulating certain physician advertising. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 153.002, Occupations Code, by adding Subsections (c) and (d), as follows: (c) Prohibits the Texas Medical Board (TMB), notwithstanding Subsection (a) (relating to prohibiting TMB from adopting rules restricting advertising or competitive bidding by a person regulated by TMB), from adopting rules that regulate the advertising of physicians as "board certified" if the physician: (1) was initially certified by: (A) a medical specialty member board of the American Board of Medical Specialties; (B) a medical specialty member board of the American Osteopathic Association Bureau of Osteopathic Specialists; (C) the American Board of Oral and Maxillofacial Surgery; or (D) any other certifying organization if the organization submits to TMB documentation that the certifying organization meets certain criteria; and (2) in the advertising identifies the certifying organization by which the physician is certified. (d) Prohibits TMB from charging a fee or requiring submission of an application by a certifying organization described by Subsection (c)(1)(D). SECTION 2. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 2207
89R14178 GP-F By: Hall
Health & Human Services
3/28/2025
As Filed
Senate Research Center
S.B. 2207
89R14178 GP-F
By: Hall
Health & Human Services
3/28/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
The Texas Medical Board (TMB) rules governing physician board certification advertising include many onerous regulations. Currently, the rules name only three boards under which a physician can advertise. These named boards are not the only qualified boards under which a physician may seek certification. Additionally, there are heavy requirements and regulations that a physician must adhere to just to advertise which board certification they have, including an extensive application and expensive fee of $200 paid directly to the TMB.
The TMB advertising rules are a gross overstep of what agency rules ought to do. Board certification is different from licensing; board certification is not required to practice medicine and is the result of a physician's own initiative. Therefore, it is not in the scope of the TMB to regulate it so heavily. A physician should be free to advertise as they choose if the board is legitimate and they disclose which board they are certified under to their patients.
As proposed, S.B. 2207 amends current law relating to prohibiting the Texas Medical Board from regulating certain physician advertising.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 153.002, Occupations Code, by adding Subsections (c) and (d), as follows:
(c) Prohibits the Texas Medical Board (TMB), notwithstanding Subsection (a) (relating to prohibiting TMB from adopting rules restricting advertising or competitive bidding by a person regulated by TMB), from adopting rules that regulate the advertising of physicians as "board certified" if the physician:
(1) was initially certified by:
(A) a medical specialty member board of the American Board of Medical Specialties;
(B) a medical specialty member board of the American Osteopathic Association Bureau of Osteopathic Specialists;
(C) the American Board of Oral and Maxillofacial Surgery; or
(D) any other certifying organization if the organization submits to TMB documentation that the certifying organization meets certain criteria; and
(2) in the advertising identifies the certifying organization by which the physician is certified.
(d) Prohibits TMB from charging a fee or requiring submission of an application by a certifying organization described by Subsection (c)(1)(D).
SECTION 2. Effective date: September 1, 2025.