Tex. Codes » Labor Code · TITLE 5. WORKERS' COMPENSATION · SUBTITLE A. TEXAS WORKERS' COMPENSATION ACT · CHAPTER 408. WORKERS' COMPENSATION BENEFITS
Texas Codes

Tex. Lab. Code § 408.0043 (2026)

Professional Specialty Certification Required For Certain Review

✓ current as of May 2026
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Sec. 408.0043. PROFESSIONAL SPECIALTY CERTIFICATION REQUIRED FOR CERTAIN REVIEW. (a) This section applies to a person, other than a chiropractor or a dentist, who performs health care services under this title as:

(1) a doctor performing peer review;

(2) a doctor performing a utilization review of a health care service provided to an injured employee;

(3) a doctor performing an independent review of a health care service provided to an injured employee;

(4) a designated doctor;

(5) a doctor performing a required medical examination; or

(6) a doctor serving as a member of the medical quality review panel.

(b) A person described by Subsection (a) who reviews a specific workers' compensation case must hold a professional certification in a health care specialty appropriate to the type of health care that the injured employee is receiving.

(c) Notwithstanding Subsection (b), if a health care service is requested, ordered, provided, or to be provided by a physician, a person described by Subsection (a)(1), (2), or (3) who reviews the service with respect to a specific workers' compensation case must be of the same or a similar specialty as that physician.

Added by Acts 2007, 80th Leg., R.S., Ch. 1218 (H.B. 2004), Sec. 1, eff. September 1, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1330 (H.B. 4290), Sec. 14, eff. September 1, 2009.

Acts 2019, 86th Leg., R.S., Ch. 1218 (S.B. 1742), Sec. 3.10, eff. September 1, 2019.

Notes of Decisions
Cited in 2 cases, 2015–2015 · leading case: Joe Ballard v. Arch Ins. Co. & Transforce Inc., 478 S.W.3d 950 (Tex. App. 2015).
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Joe Ballard v. Arch Ins. Co. & Transforce Inc., 478 S.W.3d 950 (Tex. App. 2015). “Texas Labor Code section 408.0043(b) provides that a designated doctor “who reviews a workers’ compensation case must hold a professional certification in a health care specialty appropriate to the type of health care that the injured employee is receiving.”
Am. Zurich Ins. Co. v. Daniel Samudio (Tex. App. 2015). “Texas Labor Code section 408.0043(b) provides that a designated doctor “who reviews a workers' compensation case must hold a professional certification in a health care specialty appropriate to the type of health care that the injured employee is receiving.”
— Tex. Lab. Code § 408.0043(b) — 2 cases
Joe Ballard v. Arch Ins. Co. & Transforce Inc., 478 S.W.3d 950 (Tex. App. 2015). “Texas Labor Code section 408.0043(b) provides that a designated doctor “who reviews a workers’ compensation case must hold a professional certification in a health care specialty appropriate to the type of health care that the injured employee is receiving.”
Am. Zurich Ins. Co. v. Daniel Samudio (Tex. App. 2015). “Texas Labor Code section 408.0043(b) provides that a designated doctor “who reviews a workers' compensation case must hold a professional certification in a health care specialty appropriate to the type of health care that the injured employee is receiving.”
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