Texas Codes

Tex. Occ. Code § 151.052 (2026)

Exemptions

✓ current as of May 2026

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Sec. 151.052. EXEMPTIONS. (a) This subtitle does not apply to:

(1) a dentist, licensed under the laws of this state, engaged strictly in the practice of dentistry;

(2) a licensed optometrist or therapeutic optometrist engaged strictly in the practice of optometry or therapeutic optometry as defined by law;

(3) a licensed chiropractor engaged strictly in the practice of chiropractic as defined by law;

(4) a registered nurse or licensed vocational nurse engaged strictly in the practice of nursing in accordance with the applicable licensing acts and other laws of this state;

(5) a licensed podiatrist engaged strictly in the practice of podiatry as defined by law;

(6) a licensed or certified psychologist engaged strictly in the practice of psychology as defined by law;

(7) a licensed physical therapist engaged strictly in the practice of physical therapy in accordance with the law relating to physical therapy practice;

(8) a commissioned or contract surgeon in the United States uniformed services or Public Health Service in the performance of that person's duties if the person is not engaged in private practice;

(9) a person who furnishes medical assistance in an emergency or disaster situation if no charge is made for the medical assistance;

(10) a student in training in a board-approved medical school while performing, under the supervision of a licensed practitioner, the duties assigned in the course of training;

(11) a legally qualified physician of another state who is in this state for consultation with a physician licensed in this state but who does not:

(A) maintain an office in this state; or

(B) appoint a place in this state for seeing, examining, or treating a patient; or

(12) any other activity that the board designates as exempt from the application of this subtitle.

(b) Notwithstanding Subsection (a)(10), a medical resident, intern, or fellow is required to register and is subject to the other applicable provisions of this subtitle.

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

Notes of Decisions

Cited in 18 cases (1 in the last 5 years), 2003–2021 · leading case: Simonson v. Keppard, 225 S.W.3d 868 (Tex. App. 2007).

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Simonson v. Keppard, 225 S.W.3d 868 (Tex. App. 2007). · cites it 2× “But the Act does "not apply" to nurses "engaged strictly in the practice of nursing" in accordance with their license or other laws, TEX. OCC.CODE ANN. § 151.052(a)(4) (Vernon 2004), [30] so arguably a physician may not delegate a "medical act" to an ordinary nurse (absent Texas…”

In Re Living Centers of Texas, Inc., 175 S.W.3d 253 (Tex. 2005). “Tex. Occ.Code § 151.052(a). Applying both statutes shows that any “records or proceedings” of a medical committee (including a medical peer review committee) are confidential, but the privilege of the medical peer review committee also includes “any communication made to” the…”

Texas Ass'n of Acupuncture & Oriental Med. v. Texas Bd. of Chiropractic Examiners & Patricia Gilbert, Exec. Dir. in Her Off. Capacity (Tex. App. 2015). · cites it 7× “28 Tex. Occ. Code § 151.052 ................”

Texas Bd. of Chiropractic Examiners Patrick Fortner, in His Off. Capacity as the Bd.'s Exec. Dir. & Texas Chiropractic Ass'n v. Texas Med. Ass'n (Tex. 2021). · cites it 3× “4 TEX. OCC. CODE § 151.052(a). 5 Id. § 151.”

Texas Ass'n of Acupuncture & Oriental Med. v. Texas Bd. of Chiropractic Examiners & Patricia Gilbert, Exec. Dir. in Her Off. Capacity (Tex. App. 2015). · cites it 4× “29 TEX. OCC. CODE § 151.052 ................”

Ex Parte Carlos Morales-Ryan (Tex. App. 2008). · cites it 3× “Tex. Occ. Code Ann. § 151.052 (Vernon 2004).”

Texas Ass'n of Acupuncture & Oriental Med. v. Texas Bd. of Chiropractic Examiners & Patricia Gilbert, Exec. Dir. in Her Off. Capacity (Tex. App. 2015). · cites it 3× “6, 48, 51 TEX. OCC. CODE § 151.052 ................”

Texas Ass'n of Acupuncture & Oriental Med. v. Texas Bd. of Chiropractic Examiners & Patricia Gilbert, Exec. Dir. in Her Off. Capacity (Tex. App. 2015). · cites it 2× “1 Tex. Occ. Code § 151.052 ................”

Texas Ass'n of Acupuncture & Oriental Med. v. Texas Bd. of Chiropractic Examiners & Patricia Gilbert, Exec. Dir. in Her Off. Capacity (Tex. App. 2015). · cites it 2× “OCC.CODE § 201.002(b)(1) ................”

Dr. Amber Brooks, D.C. v. Texas Med. Bd. &, in Their Off. Capacities Only, Mari Robinson, Exec. Dir. Irvin Zeitler, Jr., D.O., Chair of the Disciplinary Panel & Paulette Southard, Member of the Disciplinary Panel (Tex. App. 2015). “See Tex. Occ. Code §§ 151.052(3), 201.002(b).”

in Re: Highland Pines Nursing Home, Ltd., D/B/A Highland Pines Nursing Home, Stebbins Aviation, Inc., Stebbins Five Companies, Ltd., Jason Ryden, Individually, & Eljie Edward Brantley, R.N., Individually (Tex. App. 2003). “Finally, Subtitle B does not apply to "a registered nurse or licensed vocational nurse engaged strictly in the practice of nursing in accordance with the applicable licensing acts and other laws of this state" Tex. Occ. Code Ann. § 151.052 (a)(4) (Vernon Pamph.”

Show all 18 citing cases →

— Tex. Occ. Code § 151.052(3) — 3 cases

Texas Ass'n of Acupuncture & Oriental Med. v. Texas Bd. of Chiropractic Examiners & Patricia Gilbert, Exec. Dir. in Her Off. Capacity (Tex. App. 2015). “28 Tex. Occ. Code § 151.052 ................”

Texas Ass'n of Acupuncture & Oriental Med. v. Texas Bd. of Chiropractic Examiners & Patricia Gilbert, Exec. Dir. in Her Off. Capacity (Tex. App. 2015). “29 TEX. OCC. CODE § 151.052 ................”

— Tex. Occ. Code § 151.052(a) — 3 cases

Texas Bd. of Chiropractic Examiners Patrick Fortner, in His Off. Capacity as the Bd.'s Exec. Dir. & Texas Chiropractic Ass'n v. Texas Med. Ass'n (Tex. 2021). “4 TEX. OCC. CODE § 151.052(a). 5 Id. § 151.”

in Re Benevis, LLC, Dentistry of Brownsville, P.C., & Kool Smiles, P.C. (Tex. App. 2015).

— Tex. Occ. Code § 151.052(a)(2) — 1 case

— Tex. Occ. Code § 151.052(a)(3) — 6 cases

Texas Ass'n of Acupuncture & Oriental Med. v. Texas Bd. of Chiropractic Examiners & Patricia Gilbert, Exec. Dir. in Her Off. Capacity (Tex. App. 2015). “OCC.CODE § 201.002(b)(1) ................”

Texas State Bd. of Veterinary Med. Examiners, & Nicole Oria, in Her Off. Capacity as Exec. Dir.// Ellen Jefferson, D.V.M. v. Ellen Jefferson, D.V.M.// Texas State Bd. of Veterinary Med. Examiners, & Nicole Oria, in Her Off. Capacity as Exec. Dir. (Tex. App. 2015).

Texas Ass'n of Acupuncture & Oriental Med. v. Texas Bd. of Chiropractic Examiners & Patricia Gilbert, Exec. Dir. in Her Off. Capacity (Tex. App. 2015). “1 Tex. Occ. Code § 151.052 ................”

— Tex. Occ. Code § 151.052(a)(4) — 1 case

Simonson v. Keppard, 225 S.W.3d 868 (Tex. App. 2007). “But the Act does "not apply" to nurses "engaged strictly in the practice of nursing" in accordance with their license or other laws, TEX. OCC.CODE ANN. § 151.052(a)(4) (Vernon 2004), [30] so arguably a physician may not delegate a "medical act" to an ordinary nurse (absent Texas…”

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