Texas Codes

Tex. Occ. Code § 164.052 (2026)

Prohibited Practices By Physician Or License Applicant

✓ current as of May 2026

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Sec. 164.052. PROHIBITED PRACTICES BY PHYSICIAN OR LICENSE APPLICANT. (a) A physician or an applicant for a license to practice medicine commits a prohibited practice if that person:

(1) submits to the board a false or misleading statement, document, or certificate in an application for a license;

(2) presents to the board a license, certificate, or diploma that was illegally or fraudulently obtained;

(3) commits fraud or deception in taking or passing an examination;

(4) uses alcohol or drugs in an intemperate manner that, in the board's opinion, could endanger a patient's life;

(5) commits unprofessional or dishonorable conduct that is likely to deceive or defraud the public, as provided by Section 164.053, or injure the public;

(6) uses an advertising statement that is false, misleading, or deceptive;

(7) advertises professional superiority or the performance of professional service in a superior manner if that advertising is not readily subject to verification;

(8) purchases, sells, barters, or uses, or offers to purchase, sell, barter, or use, a medical degree, license, certificate, or diploma, or a transcript of a license, certificate, or diploma in or incident to an application to the board for a license to practice medicine;

(9) alters, with fraudulent intent, a medical license, certificate, or diploma, or a transcript of a medical license, certificate, or diploma;

(10) uses a medical license, certificate, or diploma, or a transcript of a medical license, certificate, or diploma that has been:

(A) fraudulently purchased or issued;

(B) counterfeited; or

(11) impersonates or acts as proxy for another person in an examination required by this subtitle for a medical license;

(12) engages in conduct that subverts or attempts to subvert an examination process required by this subtitle for a medical license;

(13) impersonates a physician or permits another to use the person's license or certificate to practice medicine in this state;

(14) directly or indirectly employs a person whose license to practice medicine has been suspended, canceled, or revoked;

(15) associates in the practice of medicine with a person:

(A) whose license to practice medicine has been suspended, canceled, or revoked; or

(B) who has been convicted of the unlawful practice of medicine in this state or elsewhere;

(16) performs or procures a criminal abortion, aids or abets in the procuring of a criminal abortion, attempts to perform or procure a criminal abortion, or attempts to aid or abet the performance or procurement of a criminal abortion;

(17) directly or indirectly aids or abets the practice of medicine by a person, partnership, association, or corporation that is not licensed to practice medicine by the board;

(18) performs an abortion on a woman who is pregnant with a viable unborn child during the third trimester of the pregnancy unless:

(A) the abortion is necessary to prevent the death of the woman;

(B) the viable unborn child has a severe, irreversible brain impairment; or

(C) the woman is diagnosed with a significant likelihood of suffering imminent severe, irreversible brain damage or imminent severe, irreversible paralysis;

(19) performs an abortion on an unemancipated minor without the written consent of the child's parent, managing conservator, or legal guardian or without a court order, as provided by Section 33.003 or 33.004, Family Code, unless the abortion is necessary due to a medical emergency, as defined by Section 171.002, Health and Safety Code;

(20) otherwise performs an abortion on an unemancipated minor in violation of Chapter 33, Family Code;

(21) performs or induces or attempts to perform or induce an abortion in violation of Subchapter C, F, or G, Chapter 171, Health and Safety Code;

(22) in complying with the procedures outlined in Sections 166.045 and 166.046, Health and Safety Code, wilfully fails to make a reasonable effort to transfer a patient to a physician who is willing to comply with a directive;

(23) performs or delegates to another individual the performance of a pelvic examination on an anesthetized or unconscious patient in violation of Section 167A.002, Health and Safety Code; or

(24) performs a gender transitioning or gender reassignment procedure or treatment in violation of Section 161.702, Health and Safety Code.

(b) For purposes of Subsection (a)(12), conduct that subverts or attempts to subvert the medical licensing examination process includes, as prescribed by board rules, conduct that violates:

(1) the security of the examination materials;

(2) the standard of test administration; or

(3) the accreditation process.

(c) The board shall adopt the forms necessary for physicians to obtain the consent required for an abortion to be performed on an unemancipated minor under Subsection (a). The form executed to obtain consent or any other required documentation must be retained by the physician until the later of the fifth anniversary of the date of the minor's majority or the seventh anniversary of the date the physician received or created the documentation for the record.

(d) This section may not be construed to prohibit, and the board may not take action against a physician regarding, the performance of an abortion in response to a medical emergency described by Section 170A.002(b)(2), Health and Safety Code.

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

Amended by:

Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 1.42, eff. September 1, 2005.

Acts 2013, 83rd Leg., 2nd C.S., Ch. 1, Sec. 6, eff. October 29, 2013.

Acts 2015, 84th Leg., R.S., Ch. 436 (H.B. 3994), Sec. 13, eff. January 1, 2016.

Acts 2017, 85th Leg., R.S., Ch. 441 (S.B. 8), Sec. 14, eff. September 1, 2017.

Acts 2019, 86th Leg., R.S., Ch. 1231 (H.B. 1504), Sec. 16, eff. September 1, 2019.

Acts 2021, 87th Leg., R.S., Ch. 251 (H.B. 1434), Sec. 2, eff. September 1, 2021.

Acts 2023, 88th Leg., R.S., Ch. 335 (S.B. 14), Sec. 4, eff. September 1, 2023.

Acts 2025, 89th Leg., R.S., Ch. 758 (S.B. 31), Sec. 11, eff. June 20, 2025.

Notes of Decisions

Cited in 43 cases (16 in the last 5 years), 2003–2026 · leading case: Ruben Aleman, M.D. v. Texas Med. Bd., 573 S.W.3d 796 (Tex. 2019).

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Ruben Aleman, M.D. v. Texas Med. Bd., 573 S.W.3d 796 (Tex. 2019). · cites it 4× “" TEX. OCC. CODE §§ 164.052(a)(5), .053(a)(1).”

Sanchez v. Texas State Bd. of Med. Examiners, 229 S.W.3d 498 (Tex. App. 2007). · cites it 2× “Sanchez committed unprofessional and dishonorable conduct that was likely to injure the public, in violation of Tex. Occ.Code § 164.052(a)(5).” This conclusion, in turn, supports the Board’s conclusion of law 4, “Tex.”

Ayotte v. Planned Parenthood of N. New Eng., 546 U.S. 320 (2006). “§ 37-10-305 (2005); Tex. Occ. Code Ann. § 164.052 (a)(19) (West Cum.”

Planned Parenthood of the Great Nw. v. State, 375 P.3d 1122 (Alaska 2016). · cites it 2× “37 10-301 to -308; TEX. OCC. CODE ANN. § 164.052(a)(19); UTAH CODE ANN.”

State v. Planned Parenthood of Alaska, 171 P.3d 577 (Alaska 2007). · cites it 2× “011; TEX. OCC. CODE ANN. § 164.052(a)(19); UTAH CODE ANN.”

Aleman v. Tex. Med. Bd., 565 S.W.3d 26 (Tex. App. 2017). · cites it 3× “005 and that the violation constituted "unprofessional or dishonorable conduct" prohibited by Texas Occupations Code section 164.052(a)(5).”

Grotti v. State, 209 S.W.3d 747 (Tex. App. 2006). “See Tex. OCC.Code Ann. § 164.052 (Vernon Supp.”

Day v. Fed'n of State Med. Boards of the United States, Inc., 579 S.W.3d 810 (Tex. App. 2019). “" See TEX. OCC. CODE ANN. §§ 164.052(a)(5) ; 164.”

Whole Woman's Health v. David Lakey, 790 F.3d 563 (5th Cir. 2015). “1, §§ 1-12, 2013 Tex. Sess. Law Serv. 4795 -802 (West) (codified at Tex.”

Bell v. Texas Workers Comp. Comm'n, 102 S.W.3d 299 (Tex. App. 2003). “See Medical Practices Act, Tex. Occ.Code Ann. § 164.052(a)(5) (West 2003).”

Andre McCoy, as Permanent Guardian of Shannon Miles McCoy, an Incapacitated Person v. FemPartners, Inc., 484 S.W.3d 201 (Tex. App. 2015). “” Tex. Occ. Code Ann. § 164.052 (a)(17) (West 2012 & Supp.”

Ayotte v. Planned Parenthood, 546 U.S. 320 (2006). “§ 37-10-305 (2005); Tex. Occ. Code Ann. § 164.052 (a)(19) (West Cum.”

Show all 43 citing cases →

— Tex. Occ. Code § 164.052(a)(14) — 1 case

Robert Charles Lowry, M.D.// Cross Texas Med. Bd. v. Texas Med. Bd.// Cross-Appellee, Robert Charles Lowry, M.D. (Tex. App. 2021).

— Tex. Occ. Code § 164.052(a)(16) — 3 cases

Whole Woman's Health v. Judge Austin Reeve Jackson Penny Clarkston Mark Lee Dickson Stephen Brint Carlton Katherine A. Thomas Cecile Erwin Young Allison Vordenbaumen Benz Ken Paxton (Tex. 2022).

in the Interest of J.W., a Child (Tex. 2022).

— Tex. Occ. Code § 164.052(a)(17) — 2 cases

Doctors Hosp. at Renaissance, Ltd. & RGV MED, LLC v. Jesus Jaime Andrade & Jessica Andrade (Tex. App. 2015).

Texienne Hosp. Sys. L.P. F/K/A Apollo Hosp. Sys. L.P D/B/A Apollo Hosp. v. KKU Surgical Mgmt., LLC (Tex. App. 2022).

— Tex. Occ. Code § 164.052(a)(19) — 2 cases

Planned Parenthood of the Great Nw. v. State, 375 P.3d 1122 (Alaska 2016). “37 10-301 to -308; TEX. OCC. CODE ANN. § 164.052(a)(19); UTAH CODE ANN.”

State v. Planned Parenthood of Alaska, 171 P.3d 577 (Alaska 2007). “011; TEX. OCC. CODE ANN. § 164.052(a)(19); UTAH CODE ANN.”

— Tex. Occ. Code § 164.052(a)(24) — 5 cases

The State of Texas v. Nonparty Patient No. 1, Nonparty Patient No. 2, Nonparty Patient No. 3, Nonparty Patient No. 4, Nonparty Patient No. 5, Nonparty Patient No. 6, Nonparty Patient No. 7, & Nonparty Patient No. 8, Nonparty Patient No. 9, Nonparty Patient No. 10, & Nonparty Patient No. 11 (Tex. App. 2025).

In Re Nonparty Patient No. 1, Nonparty Patient No. 2, Nonparty Patient No. 3, Nonparty Patient No. 4, Nonparty Patient No. 5, Nonparty Patient No. 6, Nonparty Patient No. 7, Nonparty Patient No. 8, Nonparty Patient No. 9, Nonparty Patient No. 10, & Nonparty Patient No. 11 v. the State of Texas (Tex. App. 2025).

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).

Untitled Texas Attorney Gen. Opinion: KP-0518 (Tex. Att'y Gen. 2026).

— Tex. Occ. Code § 164.052(a)(5) — 16 cases

Ruben Aleman, M.D. v. Texas Med. Bd., 573 S.W.3d 796 (Tex. 2019). “" TEX. OCC. CODE §§ 164.052(a)(5), .053(a)(1).”

Sanchez v. Texas State Bd. of Med. Examiners, 229 S.W.3d 498 (Tex. App. 2007). “Sanchez committed unprofessional and dishonorable conduct that was likely to injure the public, in violation of Tex. Occ.Code § 164.052(a)(5).” This conclusion, in turn, supports the Board’s conclusion of law 4, “Tex.”

Aleman v. Tex. Med. Bd., 565 S.W.3d 26 (Tex. App. 2017). “005 and that the violation constituted "unprofessional or dishonorable conduct" prohibited by Texas Occupations Code section 164.052(a)(5).”

Day v. Fed'n of State Med. Boards of the United States, Inc., 579 S.W.3d 810 (Tex. App. 2019). “" See TEX. OCC. CODE ANN. §§ 164.052(a)(5) ; 164.”

Bell v. Texas Workers Comp. Comm'n, 102 S.W.3d 299 (Tex. App. 2003). “See Medical Practices Act, Tex. Occ.Code Ann. § 164.052(a)(5) (West 2003).”

— Tex. Occ. Code § 164.052(a)(l) — 1 case

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