Tex. Codes » Occupations Code · TITLE 3. HEALTH PROFESSIONS · SUBTITLE B. PHYSICIANS · CHAPTER 164. DISCIPLINARY ACTIONS AND PROCEDURES
Texas Codes

Tex. Occ. Code § 164.055 (2026)

Prohibited Acts Regarding Abortion

✓ current as of May 2026
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Sec. 164.055. PROHIBITED ACTS REGARDING ABORTION. (a) The board shall take an appropriate disciplinary action against a physician who violates Section 170.002 or Chapter 171, Health and Safety Code. The board shall refuse to admit to examination or refuse to issue a license or renewal license to a person who violates that section or chapter.

(b) The sanctions provided by Subsection (a) are in addition to any other grounds for refusal to admit persons to examination under this subtitle or to issue a license or renew a license to practice medicine under this subtitle. The criminal penalties provided by Section 165.152 do not apply to a violation of Section 170.002, Health and Safety Code, or Subchapter C, F, or G, Chapter 171, Health and Safety Code.

(c) Notwithstanding Subsection (a), the board may not take disciplinary action against a physician who exercised reasonable medical judgment in providing medical treatment to a pregnant woman as described by Section 170A.002, Health and Safety Code.

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

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 73 (H.B. 15), Sec. 10, eff. September 1, 2011.

Acts 2013, 83rd Leg., 2nd C.S., Ch. 1, Sec. 7, eff. October 29, 2013.

Acts 2017, 85th Leg., R.S., Ch. 441 (S.B. 8), Sec. 15, eff. September 1, 2017.

Acts 2023, 88th Leg., R.S., Ch. 913 (H.B. 3058), Sec. 2, eff. September 1, 2023.

Acts 2025, 89th Leg., R.S., Ch. 758 (S.B. 31), Sec. 12, eff. June 20, 2025.

Notes of Decisions
Cited in 10 cases (7 in the last 5 years), 2011–2024 · leading case: Mi Familia Vota v. Ogg, 105 F.4th 313 (5th Cir. 2024).
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Mi Familia Vota v. Ogg, 105 F.4th 313 (5th Cir. 2024). · cites it 3× “In Whole Woman’s Health, the eight Justices that agreed the plaintiffs’ suit could proceed relied on Texas Occupational Code Section 164.055(a) for their determinations that the state licensing officials, in the words of the plu- rality, “may or must take enforcement actions…”
Texas Med. Providers Performing Abortion Servs. v. Lakey, 667 F.3d 570 (5th Cir. 2012). · cites it 2× “TEX. OCC. CODE § 164.055(a). The Act went into effect on September 1, 2011, and was scheduled to apply to abortions after October 1, 2011.”
Texas Med. Providers Performing Abortion Servs. v. Lakey, 806 F. Supp. 2d 942 (W.D. Tex. 2011). · cites it 3× “Second, the Act amends Texas Occupations Code section 164.055 to require mandatory disciplinary action, refusal to issue a medical license, and non-renewal of a medical license, for failure to comply with Chapter 171 of the Health and Safety Code.”
Whole Woman's Health v. Jackson, 23 F.4th 380 (5th Cir. 2022). “at 535 (citing Tex. Occ. Code § 164.055(a)). If this issue were to come before the Texas Supreme Court in another case, that court could of course interpret Texas law differently.”
Whole Woman's Health v. Jackson, 595 U.S. 30 (2021). · cites it 4× “, Tex. Occ. Code Ann. §164.055 (a); Brief for Petitioners 33–34.”
Whole Woman's Health v. Jackson, 595 U.S. 30 (2021). · cites it 4× “, Tex. Occ. Code Ann. §164.055 (a); Brief for Petitioners 33–34.”
Whole Woman's Health v. Jackson, 595 U.S. 30 (2021). · cites it 4× “, Tex. Occ. Code Ann. §164.055 (a); Brief for Petitioners 33–34.”
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). “15 See TEX. OCC. CODE § 164.055(a); 25 TEX. ADMIN.”
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). “15 See TEX. OCC. CODE § 164.055(a); 25 TEX. ADMIN.”
Texas Med. Providers v. David Lakey, Et (5th Cir. 2012). “TEX. OCC. CODE § 164.055(a). The Act went into effect on September 1, 2011, and was scheduled to apply to abortions after October 1, 2011.”
— Tex. Occ. Code § 164.055(a) — 6 cases
Mi Familia Vota v. Ogg, 105 F.4th 313 (5th Cir. 2024). “In Whole Woman’s Health, the eight Justices that agreed the plaintiffs’ suit could proceed relied on Texas Occupational Code Section 164.055(a) for their determinations that the state licensing officials, in the words of the plu- rality, “may or must take enforcement actions…”
Texas Med. Providers Performing Abortion Servs. v. Lakey, 667 F.3d 570 (5th Cir. 2012). “TEX. OCC. CODE § 164.055(a). The Act went into effect on September 1, 2011, and was scheduled to apply to abortions after October 1, 2011.”
Whole Woman's Health v. Jackson, 23 F.4th 380 (5th Cir. 2022). “at 535 (citing Tex. Occ. Code § 164.055(a)). If this issue were to come before the Texas Supreme Court in another case, that court could of course interpret Texas law differently.”
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). “15 See TEX. OCC. CODE § 164.055(a); 25 TEX. ADMIN.”
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). “15 See TEX. OCC. CODE § 164.055(a); 25 TEX. ADMIN.”
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