{"data":{"id":"us-tx/tex.-occupations-code-152.003","jurisdiction":"us-tx","citation":"Tex. Occupations Code § 152.003","heading":"ADDITIONAL MEMBERSHIP REQUIREMENTS.","body":"(a) In this section:\n(1) \"Direct provider of health care\" includes:\n(A) an athletic trainer;\n(B) a chiropractor;\n(C) a dentist;\n(D) a hospital administrator;\n(E) a licensed vocational nurse;\n(F) a nursing home administrator;\n(G) an optometrist;\n(H) a pharmacist;\n(I) a physical therapist;\n(J) a physician assistant;\n(K) a podiatrist;\n(L) a psychologist;\n(M) a registered nurse; and\n(N) a social psychotherapist.\n(2) \"Fiduciary position or interest\" means a position or interest with respect to an entity that has the character of a trust. The term includes:\n(A) a member of a board of directors;\n(B) an officer;\n(C) a majority shareholder;\n(D) an agent; and\n(E) a person who, directly or through that person's spouse, receives more than one-tenth of the person's annual income from compensation for research into or instruction in the provision of health care received from:\n(i) a health care entity or other person, association, or organization engaged in the provision of health care; or\n(ii) a person, association, or organization engaged in producing drugs or analogous products.\n(3) \"Immediate family member\" means the parent, spouse, child, or sibling of a person who resides in the same household as the person.\n(4) \"Provider of health care\" means:\n(A) a direct provider of health care:\n(i) whose primary current activity is the provision of health care to persons or the administration of facilities or institutions in which that care is provided, including hospitals, long-term care facilities, out-patient facilities, and health maintenance organizations;\n(ii) who, if required by law or otherwise, has received professional or other training in the provision of that care or administration; and\n(iii) who is licensed or certified or otherwise claims the authority to provide that care or administration;\n(B) a person who is an indirect provider of health care in that the person holds a fiduciary position with or has a fiduciary interest in a health care entity;\n(C) a member of the immediate family of a person described by this subdivision;\n(D) a person who is engaged in or employed by an entity issuing a policy or contract of individual or group health insurance or hospital or medical service benefits; or\n(E) a person who is employed by, on the board of directors of, or holds elective office by or under the authority of a unit of federal, state, or local government or any organization that receives a significant part of its funding from a unit of federal, state, or local government.\n(b) A person may not be a public member of the board if the person or the person's spouse:\n(1) is registered, certified, or licensed by a regulatory agency in the field of health care;\n(2) is employed by or participates in the management of a business entity or other organization regulated by or receiving money from the board;\n(3) owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by or receiving money from the board;\n(4) uses or receives a substantial amount of tangible goods, services, or money from the board other than compensation or reimbursement authorized by law for board membership, attendance, or expenses; or\n(5) is a provider of health care.\n(c) Each public member must be a resident of this state for at least the five years preceding appointment.\n(d) Each physician board member must be actively engaged in:\n(1) the practice of medicine for at least the five years preceding appointment; and\n(2) medical peer review at a health care entity for at least the three years preceding appointment.\nActs 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.\nAmended by:\nActs 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 1.04, eff. September 1, 2005.","path":["OCCUPATIONS CODE","TITLE 3. HEALTH PROFESSIONS","SUBTITLE B. PHYSICIANS","CHAPTER 152. STATE BOARD OF MEDICAL EXAMINERS","SUBCHAPTER A. ORGANIZATION OF BOARD"],"source_url":"https://statutes.capitol.texas.gov/Docs/OC/htm/OC.152.htm#152.003","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:31Z","sha256":"ba80fa533042d93b3df9aebaf129d0b4d1c70cc7af2cc6afe04d341b61eed75a","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-occupations-code-152.002","next":"us-tx/tex.-occupations-code-152.004"},"notice":"GroundRules: Original legal text. Not legal advice."}