Medical Practice Laws in Texas

Understanding medical practice laws in Texas helps prevent litigation.doctors desk image by Keith Frith from Fotolia.com

With only 48,700 physicians practicing in Texas, the state is making strides to increase the number of doctors in Health Professional Shortage Areas (HPSAs) according to a 2009 American Academy of Family Physicians (AAFP) article. Physicians who decide to practice medicine in Texas must learn and understand current medical laws. Medical practice laws concern patient care, and help doctors avoid legal violations.

Informed Consent Law

Enacted in 1977, the Texas Informed Consent Law requires physicians to provide patients with information about the dangers and benefits associated with medical procedures. After receiving full disclosure from a doctor, patients should be able to make informed decisions about the direction of their health care. Texas law stipulates that only physicians can obtain consent for medical procedures. The failure of a physician to obtain informed consent creates opportunities for lawsuits and possible physician liability.

The Texas Medical Practice Act outlines guidelines for physician conduct, and details the powers of the Texas Medical Board (TMB). If physicians violate rules of the Medical Practice Act, the TMB has authority to investigate complaints and issue appropriate punishments. Examples of violations include physicians who endanger public safety, or who have inappropriate relationships with patients, such as sexual impropriety. If the TMB determines that a physician complaint has merit, the process will move forward through an informal hearing process. The TMB can issue reprimands, fines or suspend a doctor's license.

Under the Texas Advance Directives Act, patients can use specific directives to either reject or continue medical care in the event of a serious medical illness. Additionally, family members acting in the patient's stead can make decisions on the continuation of lifesaving treatments. If the patient's treatment team believes that further medical care will prove futile, the patient or family has the right to request an ethics consultation. The ethics consultation process reviews the patient's options for continued care.