Tex. Codes » Occupations Code · TITLE 3. HEALTH PROFESSIONS · SUBTITLE B. PHYSICIANS · CHAPTER 151. GENERAL PROVISIONS
Texas Codes

Tex. Occ. Code § 151.003 (2026)

Legislative Findings

✓ current as of May 2026
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Sec. 151.003. LEGISLATIVE FINDINGS. The legislature finds that:

(1) the practice of medicine is a privilege and not a natural right of individuals and as a matter of public policy it is necessary to protect the public interest through enactment of this subtitle to regulate the granting of that privilege and its subsequent use and control; and

(2) the board should remain the primary means of licensing, regulating, and disciplining physicians.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Notes of Decisions
Cited in 44 cases (10 in the last 5 years), 2000–2025 · leading case: Texas State Bd. of Examiners v. Texas Med. Ass'n, 511 S.W.3d 28 (Tex. 2017).
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Texas State Bd. of Examiners v. Texas Med. Ass'n, 511 S.W.3d 28 (Tex. 2017). “The Texas Medical Practice Act charges the Texas Medical Board with regulating persons "licensed to practice medicine in this state,” Tex Occ. Code §§ 151.003, 152.001(a), but the Medical Board has declined to join the Medical Association’s challenge in this case.”
Subhash C. Batra, M.D. v. Covenant Health Sys. D/B/A Covenant Med. Ctr./Covenant Med. Ctr.-Lakeside, 562 S.W.3d 696 (Tex. App. 2018). “TEX. OCC. CODE ANN. § 151.003(1) (West 2012).”
Ruben Aleman, M.D. v. Texas Med. Bd., 573 S.W.3d 796 (Tex. 2019). “11 And we fail to see how disciplining a physician for failing to comply with that requirement comports with the express policy behind the Act: "to protect the public interest" by "regulat[ing] the granting of [the] privilege [of practicing medicine] and its subsequent use and…”
Planned Parenthood of Grt TX v. Courtney Ph, 981 F.3d 347 (5th Cir. 2020). “3d at 564 ; Tex. Occ. Code Ann. §§ 151.003 (2), 152.001(a); 25 Tex.”
Scally v. Texas State Bd. of Med. Examiners, 351 S.W.3d 434 (Tex. App. 2011). “The legislature has found that "the practice of medicine is a privilege and not a natural right of individuals and as a matter of public policy it is necessary to protect the public interest through enactment of this subtitle to regulate the granting of that privilege and its…”
Planned Parenthood of Greater Tex. Fam. Plan. & Preventative Health Servs., Inc v. Smith, 913 F.3d 551 (5th Cir. 2019). · cites it 2× “See Tex. Occ. Code §§ 151.003(2), 152.001(a).”
Cnty. of El Paso v. Dorado, 180 S.W.3d 854 (Tex. App. 2006). “Tex Occ.Code Ann. § 151.003 (Vernon 2004).”
Rea v. State, 297 S.W.3d 379 (Tex. App. 2009). “See Tex. Occ.Code Ann. § 151.003(2) (West 2004) (Board is “primary means of licensing, regulating, and disciplining physicians”), § 164.”
Stephan v. Baylor Med. Ctr. at Garland, 20 S.W.3d 880 (Tex. App. 2000). “See Tex. Occ. Code Ann. § 151.003 (Vernon Pamph.”
Jose Perez v. Texas Med. Bd., 556 F. App'x 341 (5th Cir. 2014). “See Tex. Occ.Code § 151.003 (“[T]he practice of medicine is a privilege and not a natural right of individuals and as a matter of public policy it is necessary to protect the public interest through enactment of this subtitle.”
Citizens Against the Landfill in Hempstead Michael McCall Wayne Knox & the City of Hempstead v. Texas Comm'n on Env't Quality & Pintail Landfill, L.L.C. (Tex. App. 2015). · cites it 4× “174 where there was no evidence that the Board based its decision on peer review evidence pursuant to Tex. Occ. Code Ann. § 151.003 (2) or that the doctor was harmed by such evidence under Tex.”
In Re Texas Med. Bd., 315 S.W.3d 177 (Tex. App. 2010). “XVI, § 31; Tex. Occ.Code Ann. § 151.003 (Vernon 2004), § 152.”
Show all 44 citing cases →
— Tex. Occ. Code § 151.003(1) — 8 cases
Subhash C. Batra, M.D. v. Covenant Health Sys. D/B/A Covenant Med. Ctr./Covenant Med. Ctr.-Lakeside, 562 S.W.3d 696 (Tex. App. 2018). “TEX. OCC. CODE ANN. § 151.003(1) (West 2012).”
Ruben Aleman, M.D. v. Texas Med. Bd., 573 S.W.3d 796 (Tex. 2019). “11 And we fail to see how disciplining a physician for failing to comply with that requirement comports with the express policy behind the Act: "to protect the public interest" by "regulat[ing] the granting of [the] privilege [of practicing medicine] and its subsequent use and…”
State of Texas Off. of the Attorney Gen. of the State of Texas Texas Med. Bd. Texas Health & Human Servs. Comm'n & Ken Paxton, in His Off. Capacity as Attorney Gen. of the State of Texas v. Lazaro Loe, Individually & as Next Friend of Luna Loe, a Minor Mary Moe & Matthew Moe, Individually & as Next Friends of Maeve Moe, a Minor Nora Noe, Individually & as Next Friend of Nathan Noe, a Minor Sarah Soe & Steven Soe, Individually & as Next Friends of Samantha Soe, a Minor Gina Goe, Individually & as Next Friend of Grayson Goe, a Minor Pflag, Inc. Richard Ogden Roberts III, M.D. David L. Paul, M.D. Patrick W. O'malley, M.D. & Am. Ass'n of Physicians for Human (Tex. 2024).
Hernandez Caruso v. Texas Med. Bd. (W.D. Tex. 2024).
Jorge R. Guevara, M.D. v. Texas Med. Bd. (Tex. App. 2025).
— Tex. Occ. Code § 151.003(2) — 4 cases
Planned Parenthood of Greater Tex. Fam. Plan. & Preventative Health Servs., Inc v. Smith, 913 F.3d 551 (5th Cir. 2019). “See Tex. Occ. Code §§ 151.003(2), 152.001(a).”
Rea v. State, 297 S.W.3d 379 (Tex. App. 2009). “See Tex. Occ.Code Ann. § 151.003(2) (West 2004) (Board is “primary means of licensing, regulating, and disciplining physicians”), § 164.”
Joseph Cotropia v. Mary Chapman (5th Cir. 2018).
Texas Med. Bd. &, in Their Off. Capacities Only Irvin E. Zeitler, Jr., D.O. President, Marl Robinson Exec. Dir., Michael Arambula, M.D., Pharm.D. James Scott Holliday, D.O. & Carlos L. Gallardo, Members of the Bd. v. Benjamin Wiseman, M.D. (Tex. App. 2015).
— Tex. Occ. Code § 151.003(b) — 2 cases
George Allibone, M.D. v. Scott Freshour, in His Off. Capacity as the Interim Exec. Dir. of the Texas Med. Bd. Juanita Garner, Investigator of the Texas Med. Bd. & the Texas Med. Bd. (Tex. App. 2017).
George Allibone, M.D. v. Scott Freshour, in His Off. Capacity as the Interim Exec. Dir. of the Texas Medic Juanita Garner, Investigator of the Texas Med. Bd. Michael Arambula M.D., Pharm. D., in His Off. Capacity as Member of the Texas Med. Bd. (Tex. App. 2017).
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