Sec. 165.152. PRACTICING MEDICINE IN VIOLATION OF SUBTITLE. (a) A person commits an offense if the person practices medicine in this state in violation of this subtitle.
(b) Each day a violation continues constitutes a separate offense.
(c) An offense under Subsection (a) is a felony of the third degree.
(d) On final conviction of an offense under this section, a person forfeits all rights and privileges conferred by virtue of a license issued under this subtitle.
(e) It is an exception to the application of Subsection (a) if the person is a physician who performs, induces, or attempts an abortion due 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 2003, 78th Leg., ch. 202, Sec. 37, eff. June 10, 2003.
Amended by:
Acts 2025, 89th Leg., R.S., Ch. 758 (S.B. 31), Sec. 13, eff. June 20, 2025.
Notes of Decisions
Cited in
13
cases (
4 in the last 5 years), 2004–2025 · leading case:
Green v. State, 137 S.W.3d 356 (Tex. App. 2004).
Green v. State, 137 S.W.3d 356 (Tex. App. 2004).
· cites it 2× “See Tex. Occ.Code Ann. § 165.152. Whether he was pretending to conduct an exam or he actually conducted an exam, he was convicted under evidence relating to the practice of medicine, based only on his conduct with A.”
Markus Green v. William Grampre, 388 F. App'x 437 (5th Cir. 2010).
“Green also argued that Tex. Occ.Code §§ 165.152 and 165.153, the statutes under which he was convicted for practicing medicine without a license and causing psychological harm based on an incident for which he was arrested in July 2001, were unconstitutional.”
Diruzzo v. State, 549 S.W.3d 301 (Tex. App. 2018).
· cites it 3× “See TEX. OCC. CODE ANN. § 165.152 (West, Westlaw through 2017 1st C.”
The State of Texas v. Miguel Villanueva, III (Tex. App. 2023).
· cites it 2× “Diruzzo, who had no license to practice medicine, was convicted on sixteen counts of violating Texas Occupations Code Section 165.152, illegally practicing medicine while not holding a license to practice medicine, a third-degree felony.”
Marcus A. Green v. State (Tex. App. 2004).
· cites it 2× “See Tex. Occ. Code Ann. § 165.152 . Whether he was pretending to conduct an exam or he actually conducted an exam, he was convicted under evidence relating to the practice of medicine, based only on his conduct with A.”
Marcus A. Green v. State (Tex. App. 2004).
· cites it 2× “See Tex. Occ. Code Ann. § 165.152 . Whether he was pretending to conduct an exam or he actually conducted an exam, he was convicted under evidence relating to the practice of medicine, based only on his conduct with A.”
Morgan v. Freshour (S.D. Tex. 2022).
“” Tex. Occ. Code § 165.152(a). there would not have been a criminal prosecution but for Chapman’s fabricated evidence.”
Ex Parte Markus Antonius Green (Tex. App. 2015).
“We deny Green’s motion to challenge the constitutionality of Texas Occupations Code sections 165.152, 165.”
— Tex. Occ. Code § 165.152(a) — 3 cases
Green v. State, 137 S.W.3d 356 (Tex. App. 2004).
“See Tex. Occ.Code Ann. § 165.152. Whether he was pretending to conduct an exam or he actually conducted an exam, he was convicted under evidence relating to the practice of medicine, based only on his conduct with A.”
Morgan v. Freshour (S.D. Tex. 2022).
“” Tex. Occ. Code § 165.152(a). there would not have been a criminal prosecution but for Chapman’s fabricated evidence.”
— Tex. Occ. Code § 165.152(d) — 1 case
Diruzzo v. State, 549 S.W.3d 301 (Tex. App. 2018).
“See TEX. OCC. CODE ANN. § 165.152 (West, Westlaw through 2017 1st C.”
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