| 7 | 3 | | |
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| 8 | 4 | | |
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| 9 | 5 | | |
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| 10 | 6 | | |
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| 11 | 7 | | A BILL TO BE ENTITLED |
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| 12 | 8 | | AN ACT |
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| 13 | 9 | | relating to prohibiting the Texas Medical Board from regulating |
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| 14 | 10 | | certain physician advertising. |
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| 15 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 16 | 12 | | SECTION 1. Section 153.002, Occupations Code, is amended by |
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| 17 | 13 | | adding Subsections (c) and (d) to read as follows: |
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| 18 | 14 | | (c) Notwithstanding Subsection (a), the board may not adopt |
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| 19 | 15 | | rules that regulate the advertising of physicians as "board |
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| 20 | 16 | | certified" if the physician: |
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| 21 | 17 | | (1) was initially certified by: |
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| 22 | 18 | | (A) a medical specialty member board of the |
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| 23 | 19 | | American Board of Medical Specialties; |
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| 24 | 20 | | (B) a medical specialty member board of the |
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| 25 | 21 | | American Osteopathic Association Bureau of Osteopathic |
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| 26 | 22 | | Specialists; |
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| 27 | 23 | | (C) the American Board of Oral and Maxillofacial |
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| 28 | 24 | | Surgery; or |
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| 29 | 25 | | (D) any other certifying organization if the |
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| 30 | 26 | | organization submits to the board documentation that the certifying |
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| 31 | 27 | | organization: |
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| 32 | 28 | | (i) has certification requirements that are |
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| 33 | 29 | | substantially equivalent to the requirements of the medical |
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| 34 | 30 | | specialty member boards under Paragraph (A) or (B); |
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| 35 | 31 | | (ii) requires members to complete an |
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| 36 | 32 | | examination that has been psychometrically evaluated for |
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| 37 | 33 | | validation and administered by a testing organization that tests |
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| 38 | 34 | | knowledge and skills in the applicable specialty or subspecialty; |
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| 39 | 35 | | (iii) requires members to have successfully |
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| 40 | 36 | | completed postgraduate training accredited by the Accreditation |
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| 41 | 37 | | Council for Graduate Medical Education or the American Osteopathic |
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| 42 | 38 | | Association in the applicable specialty or subspecialty; |
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| 43 | 39 | | (iv) uses appropriate peer-review |
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| 44 | 40 | | processes; |
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| 45 | 41 | | (v) has a total membership of at least 100 |
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| 46 | 42 | | licensed members, fellows, diplomates, or certificate holders from |
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| 47 | 43 | | at least one-third of the states in the United States; |
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| 48 | 44 | | (vi) is exempt from the payment of federal |
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| 49 | 45 | | income taxes under Section 501(a), Internal Revenue Code of 1986, |
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| 50 | 46 | | by being listed as an exempt entity under Section 501(c) of that |
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| 51 | 47 | | code; and |
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| 52 | 48 | | (vii) has a permanent headquarters and |
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| 53 | 49 | | staff; and |
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| 54 | 50 | | (2) in the advertising identifies the certifying |
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| 55 | 51 | | organization by which the physician is certified. |
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| 56 | 52 | | (d) The board may not charge a fee or require submission of |
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| 57 | 53 | | an application by a certifying organization described by Subsection |
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| 58 | 54 | | (c)(1)(D). |
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| 59 | 55 | | SECTION 2. This Act takes effect September 1, 2025. |
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