Tex. Codes » Occupations Code · TITLE 3. HEALTH PROFESSIONS · SUBTITLE B. PHYSICIANS · CHAPTER 157. AUTHORITY OF PHYSICIAN TO DELEGATE CERTAIN MEDICAL ACTS
Texas Codes

Tex. Occ. Code § 157.001 (2026)

General Authority Of Physician To Delegate

✓ current as of May 2026
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Sec. 157.001. GENERAL AUTHORITY OF PHYSICIAN TO DELEGATE. (a) A physician may delegate to a qualified and properly trained person acting under the physician's supervision any medical act that a reasonable and prudent physician would find within the scope of sound medical judgment to delegate if, in the opinion of the delegating physician:

(1) the act:

(A) can be properly and safely performed by the person to whom the medical act is delegated;

(B) is performed in its customary manner; and

(C) is not in violation of any other statute; and

(2) the person to whom the delegation is made does not represent to the public that the person is authorized to practice medicine.

(b) The delegating physician remains responsible for the medical acts of the person performing the delegated medical acts.

(c) The board may determine whether:

(1) an act constitutes the practice of medicine, not inconsistent with this chapter; and

(2) a medical act may be properly or safely delegated by physicians.

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

Notes of Decisions
Cited in 12 cases (2 in the last 5 years), 2000–2025 · 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 6× “" See TEX. OCC.CODE ANN. § 157.001(a)(1)-(2) (Vernon 2004) ("General Authority of Physician to Delegate").”
Anderson v. City of San Antonio, 120 S.W.3d 5 (Tex. App. 2003). · cites it 2× “The Andersons contend the EMTs violated Texas Occupations Code sections 157.001 and 157.”
Waldmann v. Fulp, 259 F. Supp. 3d 579 (S.D. Tex. 2016). · cites it 2× “30) (citing Tex. Occ. Code Ann. § 157.001 ). They emphasize that the relevant laws “anticipate broad delegation by physicians to [surgical assistants], creating a standard of reasonableness in delegation rather than hard-and-fast rules.”
Martinez v. Pfizer Inc., 388 F. Supp. 3d 748 (W.D. Tex. 2019). “Nemeth in permitting the administration of Toradol in an off-label manner to Martinez.”
Petty v. Churner, 310 S.W.3d 131 (Tex. App. 2010). “See Tex. Occ.Code Ann. § 157.001(a) (Vernon 2004).”
Morgan v. Wal-Mart Stores, Inc., 30 S.W.3d 455 (Tex. App. 2000). “, Tex. Occ.Code Ann. § 157.001 ( West 2000 ) (physician may delegate to pharmacist acting under physician’s supervision the performance of specific acts of drug therapy management); Tex.”
Charisse Sneddeker, Sherry Pipes, & CSF Nutrition, LLC v. Vita 10 IV Therapy, LLC (Tex. App. 2025). · cites it 2× “2 In their Post-Submission letter brief, Appellants direct the court’s attention to Texas Occupations Code Section 157.001, which allows a physician to “delegate to a qualified and properly trained person acting under the physician’s supervision any medical act that a reasonable…”
Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2010). · cites it 3× “See TEx. Occ. CODE ANN. § 157.001 (a)(l) ( West 2004 ) (providing general delegation authority to physician); TEx.”
Texas State Bd. of Examiners of Marriage & Fam. Therapists Charles Horton in His Off. Capacity Sandra DeSobe in Her Off. Capacity, & Texas Ass'n of Marriage // Cross-Appellant,Texas Med. Ass'n v. Texas Med. Ass'n// Texas State Bd. of Examiners of Marriage & Fam. Therapists Charles Horton in His Off. Capacity Sandra DeSobe in Her Off. Capacity, & Texas Ass'n of Marriage (Tex. App. 2015). · cites it 2× “2(a)(13) 16, 17 TEX. OCC. CODE § 157.001 et. seq. 20,21 TEX.”
Joseph Cotropia M.D. v. Texas Med. Bd. & in His Off. Capacity Only, Sherif Zaafran, President of the Texas Med. Bd. (Tex. App. 2018). “See Tex. Occ. Code § 157.001(a) (addressing physician’s authority to delegate to a “person acting under the physician’s supervision any medical act that a reasonable and prudent physician would find within the scope of sound medical judgment to delegate”).”
El Paso Healthcare Sys., Ltd. D/B/A Las Palmas Med. Ctr. v. Santiago Monsivais, by & Through His Next Friends Cinthia Monsivais & Samuel Monsivais & Cinthia Monsivais & Samuel Monsivais, Individually (Tex. App. 2019). “001 (“A physician may delegate to a qualified and properly trained person acting under the physician’s supervision any medical act that a reasonable and prudent physician would find within the scope of sound medical judgment to delegate if, in the opinion of the delegating…”
Lake Jackson Med. Spa, Ltd., Robert Yarish, & Jamie Gutzman v. Erika Gaytan (Tex. 2022). “See TEX. OCC. CODE § 157.001(a) 33 (authorizing physicians to delegate “any medical act” and listing conditions for such delegations); 22 TEX.”
— Tex. Occ. Code § 157.001(a) — 4 cases
Petty v. Churner, 310 S.W.3d 131 (Tex. App. 2010). “See Tex. Occ.Code Ann. § 157.001(a) (Vernon 2004).”
Waldmann v. Fulp, 259 F. Supp. 3d 579 (S.D. Tex. 2016). “30) (citing Tex. Occ. Code Ann. § 157.001 ). They emphasize that the relevant laws “anticipate broad delegation by physicians to [surgical assistants], creating a standard of reasonableness in delegation rather than hard-and-fast rules.”
Joseph Cotropia M.D. v. Texas Med. Bd. & in His Off. Capacity Only, Sherif Zaafran, President of the Texas Med. Bd. (Tex. App. 2018). “See Tex. Occ. Code § 157.001(a) (addressing physician’s authority to delegate to a “person acting under the physician’s supervision any medical act that a reasonable and prudent physician would find within the scope of sound medical judgment to delegate”).”
Lake Jackson Med. Spa, Ltd., Robert Yarish, & Jamie Gutzman v. Erika Gaytan (Tex. 2022). “See TEX. OCC. CODE § 157.001(a) 33 (authorizing physicians to delegate “any medical act” and listing conditions for such delegations); 22 TEX.”
— Tex. Occ. Code § 157.001(a)(1) — 2 cases
Simonson v. Keppard, 225 S.W.3d 868 (Tex. App. 2007). “" See TEX. OCC.CODE ANN. § 157.001(a)(1)-(2) (Vernon 2004) ("General Authority of Physician to Delegate").”
Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2010). “See TEx. Occ. CODE ANN. § 157.001 (a)(l) ( West 2004 ) (providing general delegation authority to physician); TEx.”
— Tex. Occ. Code § 157.001(a)(l) — 1 case
Simonson v. Keppard, 225 S.W.3d 868 (Tex. App. 2007). “" See TEX. OCC.CODE ANN. § 157.001(a)(1)-(2) (Vernon 2004) ("General Authority of Physician to Delegate").”
— Tex. Occ. Code § 157.001(b) — 2 cases
Simonson v. Keppard, 225 S.W.3d 868 (Tex. App. 2007). “" See TEX. OCC.CODE ANN. § 157.001(a)(1)-(2) (Vernon 2004) ("General Authority of Physician to Delegate").”
Martinez v. Pfizer Inc., 388 F. Supp. 3d 748 (W.D. Tex. 2019). “Nemeth in permitting the administration of Toradol in an off-label manner to Martinez.”
— Tex. Occ. Code § 157.001(c)(1) — 1 case
Simonson v. Keppard, 225 S.W.3d 868 (Tex. App. 2007). “" See TEX. OCC.CODE ANN. § 157.001(a)(1)-(2) (Vernon 2004) ("General Authority of Physician to Delegate").”
— Tex. Occ. Code § 157.001(c)(l) — 1 case
Simonson v. Keppard, 225 S.W.3d 868 (Tex. App. 2007). “" See TEX. OCC.CODE ANN. § 157.001(a)(1)-(2) (Vernon 2004) ("General Authority of Physician to Delegate").”
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