| HEALTH PROFESSIONS |
| Acupuncture schools are subject to regulation by the Texas Higher Education Coordinating Board | GA-0144 |
| Acupuncture, administration of "energy flow exercise" is not within statutory definition of the practice of acupuncture | JC-0379 |
| Acupuncturist titles, authority of Board of Acupuncture Examiners to recommend to Board of Medical Examiners use of certain | DM-0336 |
| Athletic trainer working in physical therapy clinic not subject to regulation as physical therapy aide if working under delegated authority of a physician | LO92-006 |
| Athletic trainer, no one, including a coach, may perform as unless licensed | DM-0388 |
| Audiology students, in measuring human hearing as part of academic curriculum students may make impressions for earmolds to be used as parts in hearing aids without obtaining license or temporary permit from Board of Examiners in the Fitting and Dispensi | DM-0050 |
| Charity care or services entitling health care professional to state indemnification, whether part-time employment with county jail constitutes | DM-0098 |
| Conflict of interest statute prohibiting an officer of trade association in field of health care from serving on Board of Physical Therapy Examiners, definition of officer in regard to | LO98-054 |
| Emergency medical technician may not perform services within scope of athletic trainer's license | LO92-006 |
| EMS personnel recertification, authority of Department of Health to require examination for | DM-0263 |
| Hearing aid audiologist, whether term may be used to describe persons who fit and dispense hearing aids | LO90-011 |
| Hearing instruments, rulemaking authority to establish criteria for fitting and dispensing of by nonindividual persons such as corporations or partnerships | LO95-009 |
| Immunity from liability, section 161.001(a) does not provide, for persons who administer vaccines or immunizing agents in a hospital setting to individuals covered by the federal Medicare program | GA-0271 |
| Kinesiotherapists, Department of Health may not register (Affirmed by Tex. Att'y Gen. LO-98-019) | LO96-103 |
| Licensed audiologist exempted from surety bonding requirement, business entity made up of licensed audiologists not exempt | LO96-086 |
| Medicaid contracts, whether health care providers must submit statements regarding child support delinquency | DM-0379 |
| Medical assistance (medicaid) payment to service provider, Department of Health may allocate all or part to pay provider's child support obligation | DM-0477 |
| Medical examiners and forensic pathologists | KP-0188 |
| Medical radiologic technologists, whether Board of Health may implement system of specialty certification for | DM-0292 |
| Needle electromyography, authority of Board of Medical Examiners and Board of Physical Therapy Examiners to regulate | DM-0443 |
| Physical therapist license or physical therapist assistant license, applicant for may not submit examination fee directly to examination provider | JC-0344 |
| Physical therapist may perform services within scope of athletic trainer's license as long as services are also within scope of a physical therapy license | LO92-006 |
| Physical therapy, professional corporation offering cannot hire licensed occupational therapist as employee | LO90-051 |
| Podiatry limited to treatment of medical conditions originating in human foot, which does not include tibia or fibula | JC-0441 |
| Podiatry, whether hyperbaric oxygen therapy constitutes practice of subject to determination by State Board of Podiatric Medical Examiners | DM-0423 |
| Preventive services at a sporting event, whether licensed physical therapist or emergency medical technician may perform depends upon nature of services and authority under which individual is performing such services | LO92-006 |
| Psychotherapy, hypnosis, hypnotherapy, or biofeedback, individual may not practice for compensation unless licensed as psychologist | DM-0321 |
| Radiologic technologist certification, authority of physician's employee who is not a certified radiologic technologist to perform sinus and skull x-rays | LO96-101 |
| Radiologic technologists, authority of Board of Health to adopt rules establishing class of certification for students to permit them to perform dangerous and hazardous procedures | LO96-125 |
| Radiologic technologists, authority of Board of Health to adopt rules regarding certification, registration, and exemptions, authority of Department of Health to discipline persons who are not certified as | LO96-077 |
| Regulation of kinesiotherapy in Texas by Board of Physical Therapy Examiners not pre-empted by federal law, and kinesiotherapists not subject to registration by Department of Health | LO98-019 |
| State Board of Podiatric Medical Examiners, not authorized to conduct warrantless, on-site compliance inspections of its licensees or their premises | JC-0274 |
| State representation and indemnification, whether health care professional employed part-time by county jail is entitled to | DM-0098 |
| Term of "physician" in the Occupational Therapy Title Act refers to persons licensed by State Board of Medical Examiners, not to health-care practitioners licensed under other statutes | DM-0091 |
| Testimonials, court would probably find that blanket ban on testimonials violates First Amendment to United States Constitution | JC-0458 |
| Voluntary criminal conviction checks by licensees of Department of Human Services and Department of Health of employees licensed under other law, employer required to terminate employee if check reveals convictions for certain types of offenses | DM-0238 |
| Chiropractors |
| Acupuncture, chiropractor may not practice without appropriate license (Superseded by statute as noted in Tex. Att'y Gen. Op. No. DM-471 (1998)) | DM-0415 |
| Acupuncture, whether included within scope of practice | DM-0471 |
| Educational requirements, authority of Board of Chiropractic Examiners to determine whether license applicant has completed required college courses from a "school other than a chiropractic school" | GA-0487 |
| Injectable vitamins, use of | DM-0472 |
| Insurance company may not discriminate against services of in payment of claims (LO-90-008 was modified and was renumbered as LO-98-008A) | LO90-008 |
| Physical therapy, licensed chiropractor may advertise his services as | JM-1211 |
| School of chiropractic, authority of Board of Chiropractic Examiners to determine whether bona fide and reputable | JM-1148 |
| Dentists and Dental Hygienists |
| HIV- and HBV-infected dental health workers, regulations adopted by State Board of Dental Examiners inconsistent with state law and exceed Board's authority | DM-0136 |
| Nurses |
| Anesthesia, selection and administration of by certified registered nurse anesthetist is within scope of professional nursing if task delegated by physician and subject to regulation by Board of Nurse Examiners | JC-0117 |
| Credentialing, a hospital district board may delegate the credentialing of its allied health professionals such as advanced practice nurses, physicians assistants, and perfusionists or autotransfusionists | GA-0102 |
| Pronounce death and issue death certificate, authority to | LO93-028 |
| Records of written complaint, Board of Vocational Nurse Examiners may not expunge, except with permission of State Librarian | LO90-102 |
| Optometrists and Opticians |
| Access to optometrist's patient records, optician who works closely with the optometrist has no right to | LO98-113 |
| Cocaine eye drops, Optometry Board may adopt rule authorizing therapeutic optometrist to administer in certain circumstances | DM-0416 |
| Contact lenses, employee of a university medical center who dispenses under physician's or optometrist's direct supervision and control need not obtain permit under Contact Lens Prescription Act even if employee is optician for purposes of that act | LO98-110 |
| Medicare prohibition against remuneration for securing or soliciting patients or patronage not violated by ophthalmologist and optometrist receiving Medicare funds as co-managers of patient | LO93-084 |
| Professional title, the term "Optometric Glaucoma Specialist" may not be used exclusively as a | JC-0381 |
| Retailer of ophthalmic goods, optometrist who is retailer with offices at fewer than four locations is not subject to statutory conflict of interest provision | DM-0170 |
| Surgery, therapeutic optometrist may not perform (Superseded by statute as noted in Tex. Att'y Gen. Op. No. JC-0097 (1999)) | DM-0425 |
| Surgery, therapeutic optometrist may perform procedures within statutory definition of | JC-0097 |
| Therapeutic optometrist may not administer or prescribe antiviral or antiglaucoma topical ocular pharmaceutical agents | DM-0152 |
| Therapeutic optometrists, section 301.002(2)(c) of the Nursing Practices Act does not authorize therapeutic optometrists to give orders to registered nurses to administer medication or treatment | GA-0236 |
| Pharmacists |
| Automatic prescription drug dispensing machine located at nursing home must be licensed as a pharmacy and under onsite supervision of pharmacist | JC-0186 |
| Insurance Code section 1301.057 - With regard to preferred benefit plans, before a contract with a preferred provider is terminated, an insurer must ensure that either itself or the entities with whom it contracts, which could include pharmacy benefit managers, comply with the notice and review process required under section 1301.057. | KP-0036 |
| Insurance Code section 843.306 - If a pharmacy benefit manager serves as a delegated entity of a health maintenance organization and thereby terminates contracts with pharmacy providers, the pharmacy benefit manager must comply with the notice and review requirements of section 843.306. | KP-0036 |
| Section 483.102 of the Health and Safety Code - a prescriber may directly or by standing order prescribe an opioid antagonist to law enforcement agencies in a position to assist persons experiencing an opioid-related drug overdose | KP-0168 |
| Physicians |
| Abortion facilities, validity of Department of Health rules adopted under the Health and Safety Code chapter 245, the Texas Abortion Facility Reporting and Licensing Act, that exclude from regulation abortion facilities exempt from licensing under the Act | GA-0212 |
| Abortions, criminal liability of physician performing certain prohibited | GA-0501 |
| Abuse or neglect that a professional believes occurred during an adult patient’s childhood, professional is not required under subsection 261.101(b) of the Family Code to report | GA-0944 |
| Advertising, authority of Board of Medical Examiners to prohibit use of testimonials in | JC-0342 |
| An individual licensed to practice medicine in this State, whether holding a doctorate degree in medicine or osteopathy, may issue a certificate of medical examination for mental illness under Health and Safety Code section 574.009 | KP-0124 |
| Applicants for medical license examination, State Board of Medical Examiners' interpretation of sections 155.051 and 155.056 of the Occupations Code is reasonable regarding time period for applicants to complete medical license examination and number of a | GA-0285 |
| Athletic trainers, scope of term "physician" in statute licensing | DM-0021 |
| Balance billing, whether physician may bill health maintenance organization enrollee for unpaid balance and whether Department of Insurance may enforce provisions of Health Maintenance Organization Act against such physicians | GA-0040 |
| Contact lenses, employee of a university medical center who dispenses under physician's or optometrist's direct supervision and control need not obtain permit under Contact Lens Prescription Act | LO98-110 |
| Controlled substances, a physician is not required to report a pregnant patient's suspected use of | GA-0291 |
| Cosmetology license, Cosmetology Commission may determine by rule what strains of hepatitis physician must test applicant for | DM-0499 |
| Credentialing, a hospital district board, as the governing body of a hospital, may not delegate its duty to take final action on applications for renewal of medical staff membership or privileges for doctors, podiatrists and dentists | GA-0102 |
| Financial interest in a retail hearing instrument company, subsection 402.053(d) of the Occupations Code prohibits the doctor member of the State Committee of the Examiners in the Fitting and Dispensing of Hearing Instruments from having a | GA-0921 |
| Hyperbaric oxygen therapy, State Board of Medical Examiners has authority to determine whether constitutes practice of medicine and to regulate | DM-0423 |
| Inquest, justice of the peace must order if nursing home resident not attended by physician at time of death or physician attending resident's death is unable to certify cause | LO96-119 |
| International training institution accredited in specialty but not subspecialty, applicant for license to practice medicine who received training may be denied license | GA-0050 |
| Investment arrangement offering certain health care services, physician's authority to participate in and refer patients to | LO95-041 |
| Licensure by reciprocity, authority of State Board of Medical Examiners to adopt examination rule | LO98-025 |
| Medical examiner, county commissioners court, not hospital district, authorized to establish and fund (Affirmed by Tex. Att'y Gen. LO-97-004) | LO95-088 |
| Medical license examination, applicants must complete within a mandatory time period | GA-0285 |
| Nonprofit health corporations certified by Texas State Board of Medical Examiners, authority of Department of Insurance to examine | JC-0559 |
| Peer review committee, evaluation of by governing body of hospital district acting as | JC-0108 |
| Physician Health and Rehabilitation Advisory Committee members are not public officers and not entitled to legal representation by Office of Attorney General | KP-0243 |
| Physician Health and Rehabilitation Advisory Committee members are not public officers for purposes of indemnification under Civil Practice and Remedies Code | KP-0243 |
| Physician Health and Rehabilitation Advisory Committee members are public officials for purposes of Civil Practice and Remedies Code chapter 108 liability limits | KP-0243 |
| Physician-patient privilege, application to medical information provided by person with disability to state agency in request for accommodations in licensing examination | JC-0555 |
| State indemnification, physician performing medical services under contract with Texas Department of Criminal Justice entitled to | LO92-066 |
| Telemetry, whether physician who monitors treatment of ambulance patient by "attends" patient and may certify to cause of death as attending physician | LO92-063 |
| Texas Medical Association's Committee on Maternal and Child Health records and proceedings, whether confidential and exempt from discovery even under court subpoena | LO93-074 |
| Psychologists and Licensed Counselors |
| Abuse or neglect that a professional believes occurred during an adult patient’s childhood, professional is not required under subsection 261.101(b) of the Family Code to report | GA-0944 |
| Exempt from statutory licensing and certification requirements, person who would otherwise be submits self to jurisdiction of Board of Examiners of Psychologists once he or she becomes licensed or certified as psychologist | JM-1247 |
| Forensic psychophysiologist, polygraph examiner who refers to him-or herself as need not be certified or licensed as psychologist | LO94-014 |
| License to practice psychology, activity or service that is within the scope of employment by governmental agency or regionally accredited institution of higher education is not subject to Psychologists' Licensing Act (Overrules Tex. Att'y Gen. Op. No. J | JC-0321 |
| Mental health records of patients of a psychologist placed in the custody of the State Board of Examiners of Psychologists by a court order are likely not state records under Government Code chapter 441 | GA-1088 |
| Occupations Code section 501.004 - a university could employ a Licensed Specialist in School Psychology as a psychologist or psychological associate, and the activities or services performed within the scope of that employment would be exempt under | GA-1025 |
| Occupations Code section 501.004 - a university is not required to use the official title of "psychologist" or "psychological associate" when describing employees in order for those employees' activities and services to be exempt from the Psychologists' Licensing Act | GA-1025 |
| Privileged information about parent-child relationship, this office will not consider appeal of court order requiring psychologist to testify regarding | LO92-039 |
| Psychological Associate Advisory Committee, duties of and relation to Board of Examiners of Psychologists | LO96-050 |
| Psychotherapy, hypnosis, hypnotherapy, or biofeedback, individual may not practice for compensation unless licensed as psychologist | DM-0321 |
| Reimbursement for behavioral health services under Texas Medicaid Reimbursement Methodology | GA-1089 |
| Submission of bill to third-party payer by licensed psychologist for test conducted by supervisee | KP-0198 |
| Subpoena for patient's psychological records issued by agency or court, psychologist's duty to comply with | LO96-102 |
| Unlicensed psychological extenders, State Board of Examiners of Psychologists may not authorize the use of, licensees may not use | LO96-147 |
