Ken Paxton

Cumulative Subject Index
AG Opinions 1990-Present

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Acupuncture schools are subject to regulation by the Texas Higher Education Coordinating BoardGA-0144
Acupuncture, administration of "energy flow exercise" is not within statutory definition of the practice of acupunctureJC-0379
Acupuncturist titles, authority of Board of Acupuncture Examiners to recommend to Board of Medical Examiners use of certainDM-0336
Athletic trainer working in physical therapy clinic not subject to regulation as physical therapy aide if working under delegated authority of a physicianLO92-006
Athletic trainer, no one, including a coach, may perform as unless licensedDM-0388
Audiology students, in measuring human hearing as part of academic curriculum students may make impressions for earmolds to be used as parts in hearing aids without obtaining license or temporary permit from Board of Examiners in the Fitting and DispensiDM-0050
Charity care or services entitling health care professional to state indemnification, whether part-time employment with county jail constitutesDM-0098
Conflict of interest statute prohibiting an officer of trade association in field of health care from serving on Board of Physical Therapy Examiners, definition of officer in regard toLO98-054
Emergency medical technician may not perform services within scope of athletic trainer's licenseLO92-006
EMS personnel recertification, authority of Department of Health to require examination forDM-0263
Hearing aid audiologist, whether term may be used to describe persons who fit and dispense hearing aidsLO90-011
Hearing instruments, rulemaking authority to establish criteria for fitting and dispensing of by nonindividual persons such as corporations or partnershipsLO95-009
Immunity from liability, section 161.001(a) does not provide, for persons who administer vaccines or immunizing agents in a hospital setting to individuals covered by the federal Medicare programGA-0271
Kinesiotherapists, Department of Health may not register (Affirmed by Tex. Att'y Gen. LO-98-019)LO96-103
Licensed audiologist exempted from surety bonding requirement, business entity made up of licensed audiologists not exemptLO96-086
Medicaid contracts, whether health care providers must submit statements regarding child support delinquencyDM-0379
Medical assistance (medicaid) payment to service provider, Department of Health may allocate all or part to pay provider's child support obligationDM-0477
Medical examiners and forensic pathologistsKP-188
Medical radiologic technologists, whether Board of Health may implement system of specialty certification forDM-0292
Needle electromyography, authority of Board of Medical Examiners and Board of Physical Therapy Examiners to regulateDM-0443
Physical therapist license or physical therapist assistant license, applicant for may not submit examination fee directly to examination providerJC-0344
Physical therapist may perform services within scope of athletic trainer's license as long as services are also within scope of a physical therapy licenseLO92-006
Physical therapy, professional corporation offering cannot hire licensed occupational therapist as employeeLO90-051
Podiatry limited to treatment of medical conditions originating in human foot, which does not include tibia or fibulaJC-0441
Podiatry, whether hyperbaric oxygen therapy constitutes practice of subject to determination by State Board of Podiatric Medical ExaminersDM-0423
Preventive services at a sporting event, whether licensed physical therapist or emergency medical technician may perform depends upon nature of services and authority under which individual is performing such servicesLO92-006
Psychotherapy, hypnosis, hypnotherapy, or biofeedback, individual may not practice for compensation unless licensed as psychologistDM-0321
Radiologic technologist certification, authority of physician's employee who is not a certified radiologic technologist to perform sinus and skull x-raysLO96-101
Radiologic technologists, authority of Board of Health to adopt rules establishing class of certification for students to permit them to perform dangerous and hazardous proceduresLO96-125
Radiologic technologists, authority of Board of Health to adopt rules regarding certification, registration, and exemptions, authority of Department of Health to discipline persons who are not certified asLO96-077
Regulation of kinesiotherapy in Texas by Board of Physical Therapy Examiners not pre-empted by federal law, and kinesiotherapists not subject to registration by Department of HealthLO98-019
State Board of Podiatric Medical Examiners, not authorized to conduct warrantless, on-site compliance inspections of its licensees or their premisesJC-0274
State representation and indemnification, whether health care professional employed part-time by county jail is entitled toDM-0098
Term of "physician" in the Occupational Therapy Title Act refers to persons licensed by State Board of Medical Examiners, not to health-care practitioners licensed under other statutesDM-0091
Testimonials, court would probably find that blanket ban on testimonials violates First Amendment to United States ConstitutionJC-0458
Voluntary criminal conviction checks by licensees of Department of Human Services and Department of Health of employees licensed under other law, employer required to terminate employee if check reveals convictions for certain types of offensesDM-0238
Acupuncture, chiropractor may not practice without appropriate license (Superseded by statute as noted in Tex. Att'y Gen. Op. No. DM-471 (1998))DM-0415
Acupuncture, whether included within scope of practiceDM-0471
Educational requirements, authority of Board of Chiropractic Examiners to determine whether license applicant has completed required college courses from a "school other than a chiropractic school"GA-0487
Injectable vitamins, use ofDM-0472
Insurance company may not discriminate against services of in payment of claims (LO-90-008 was modified and was renumbered as LO-98-008A)LO90-008
Physical therapy, licensed chiropractor may advertise his services asJM-1211
School of chiropractic, authority of Board of Chiropractic Examiners to determine whether bona fide and reputableJM-1148
Dentists and Dental Hygienists
HIV- and HBV-infected dental health workers, regulations adopted by State Board of Dental Examiners inconsistent with state law and exceed Board's authorityDM-0136
Anesthesia, selection and administration of by certified registered nurse anesthetist is within scope of professional nursing if task delegated by physician and subject to regulation by Board of Nurse ExaminersJC-0117
Credentialing, a hospital district board may delegate the credentialing of its allied health professionals such as advanced practice nurses, physicians assistants, and perfusionists or autotransfusionistsGA-0102
Pronounce death and issue death certificate, authority toLO93-028
Records of written complaint, Board of Vocational Nurse Examiners may not expunge, except with permission of State LibrarianLO90-102
Optometrists and Opticians
Access to optometrist's patient records, optician who works closely with the optometrist has no right toLO98-113
Cocaine eye drops, Optometry Board may adopt rule authorizing therapeutic optometrist to administer in certain circumstancesDM-0416
Contact lenses, employee of a university medical center who dispenses under physician's or optometrist's direct supervision and control need not obtain permit under Contact Lens Prescription Act even if employee is optician for purposes of that actLO98-110
Medicare prohibition against remuneration for securing or soliciting patients or patronage not violated by ophthalmologist and optometrist receiving Medicare funds as co-managers of patientLO93-084
Professional title, the term "Optometric Glaucoma Specialist" may not be used exclusively as aJC-0381
Retailer of ophthalmic goods, optometrist who is retailer with offices at fewer than four locations is not subject to statutory conflict of interest provisionDM-0170
Surgery, therapeutic optometrist may not perform (Superseded by statute as noted in Tex. Att'y Gen. Op. No. JC-0097 (1999))DM-0425
Surgery, therapeutic optometrist may perform procedures within statutory definition ofJC-0097
Therapeutic optometrist may not administer or prescribe antiviral or antiglaucoma topical ocular pharmaceutical agentsDM-0152
Therapeutic optometrists, section 301.002(2)(c) of the Nursing Practices Act does not authorize therapeutic optometrists to give orders to registered nurses to administer medication or treatmentGA-0236
Automatic prescription drug dispensing machine located at nursing home must be licensed as a pharmacy and under onsite supervision of pharmacistJC-0186
Insurance Code section 1301.057 - With regard to preferred benefit plans, before a contract with a preferred provider is terminated, an insurer must ensure that either itself or the entities with whom it contracts, which could include pharmacy benefit managers, comply with the notice and review process required under section 1301.057.KP-036
Insurance Code section 843.306 - If a pharmacy benefit manager serves as a delegated entity of a health maintenance organization and thereby terminates contracts with pharmacy providers, the pharmacy benefit manager must comply with the notice and review requirements of section 843.306.KP-036
Section 483.102 of the Health and Safety Code - a prescriber may directly or by standing order prescribe an opioid antagonist to law enforcement agencies in a position to assist persons experiencing an opioid-related drug overdoseKP-168
Abortion facilities, validity of Department of Health rules adopted under the Health and Safety Code chapter 245, the Texas Abortion Facility Reporting and Licensing Act, that exclude from regulation abortion facilities exempt from licensing under the ActGA-0212
Abortions, criminal liability of physician performing certain prohibitedGA-0501
Abuse or neglect that a professional believes occurred during an adult patientís childhood, professional is not required under subsection 261.101(b) of the Family Code to reportGA-0944
Advertising, authority of Board of Medical Examiners to prohibit use of testimonials inJC-0342
An individual licensed to practice medicine in this State, whether holding a doctorate degree in medicine or osteopathy, may issue a certificate of medical examination for mental illness under Health and Safety Code section 574.009KP-124
Applicants for medical license examination, State Board of Medical Examiners' interpretation of sections 155.051 and 155.056 of the Occupations Code is reasonable regarding time period for applicants to complete medical license examination and number of aGA-0285
Athletic trainers, scope of term "physician" in statute licensingDM-0021
Balance billing, whether physician may bill health maintenance organization enrollee for unpaid balance and whether Department of Insurance may enforce provisions of Health Maintenance Organization Act against such physiciansGA-0040
Contact lenses, employee of a university medical center who dispenses under physician's or optometrist's direct supervision and control need not obtain permit under Contact Lens Prescription ActLO98-110
Controlled substances, a physician is not required to report a pregnant patient's suspected use ofGA-0291
Cosmetology license, Cosmetology Commission may determine by rule what strains of hepatitis physician must test applicant forDM-0499
Credentialing, a hospital district board, as the governing body of a hospital, may not delegate its duty to take final action on applications for renewal of medical staff membership or privileges for doctors, podiatrists and dentistsGA-0102
Financial interest in a retail hearing instrument company, subsection 402.053(d) of the Occupations Code prohibits the doctor member of the State Committee of the Examiners in the Fitting and Dispensing of Hearing Instruments from having aGA-0921
Hyperbaric oxygen therapy, State Board of Medical Examiners has authority to determine whether constitutes practice of medicine and to regulateDM-0423
Inquest, justice of the peace must order if nursing home resident not attended by physician at time of death or physician attending resident's death is unable to certify causeLO96-119
International training institution accredited in specialty but not subspecialty, applicant for license to practice medicine who received training may be denied licenseGA-0050
Investment arrangement offering certain health care services, physician's authority to participate in and refer patients toLO95-041
Licensure by reciprocity, authority of State Board of Medical Examiners to adopt examination ruleLO98-025
Medical examiner, county commissioners court, not hospital district, authorized to establish and fund (Affirmed by Tex. Att'y Gen. LO-97-004)LO95-088
Medical license examination, applicants must complete within a mandatory time periodGA-0285
Nonprofit health corporations certified by Texas State Board of Medical Examiners, authority of Department of Insurance to examineJC-0559
Peer review committee, evaluation of by governing body of hospital district acting asJC-0108
Physician-patient privilege, application to medical information provided by person with disability to state agency in request for accommodations in licensing examinationJC-0555
State indemnification, physician performing medical services under contract with Texas Department of Criminal Justice entitled toLO92-066
Telemetry, whether physician who monitors treatment of ambulance patient by "attends" patient and may certify to cause of death as attending physicianLO92-063
Texas Medical Association's Committee on Maternal and Child Health records and proceedings, whether confidential and exempt from discovery even under court subpoenaLO93-074
Psychologists and Licensed Counselors
Abuse or neglect that a professional believes occurred during an adult patientís childhood, professional is not required under subsection 261.101(b) of the Family Code to reportGA-0944
Exempt from statutory licensing and certification requirements, person who would otherwise be submits self to jurisdiction of Board of Examiners of Psychologists once he or she becomes licensed or certified as psychologistJM-1247
Forensic psychophysiologist, polygraph examiner who refers to him-or herself as need not be certified or licensed as psychologistLO94-014
License to practice psychology, activity or service that is within the scope of employment by governmental agency or regionally accredited institution of higher education is not subject to Psychologists' Licensing Act (Overrules Tex. Att'y Gen. Op. No. JJC-0321
Mental health records of patients of a psychologist placed in the custody of the State Board of Examiners of Psychologists by a court order are likely not state records under Government Code chapter 441GA-1088
Occupations Code section 501.004 - a university could employ a Licensed Specialist in School Psychology as a psychologist or psychological associate, and the activities or services performed within the scope of that employment would be exempt underGA-1025
Occupations Code section 501.004 - a university is not required to use the official title of "psychologist" or "psychological associate" when describing employees in order for those employees' activities and services to be exempt from the Psychologists' Licensing ActGA-1025
Privileged information about parent-child relationship, this office will not consider appeal of court order requiring psychologist to testify regardingLO92-039
Psychological Associate Advisory Committee, duties of and relation to Board of Examiners of PsychologistsLO96-050
Psychotherapy, hypnosis, hypnotherapy, or biofeedback, individual may not practice for compensation unless licensed as psychologistDM-0321
Reimbursement for behavioral health services under Texas Medicaid Reimbursement MethodologyGA-1089
Submission of bill to third-party payer by licensed psychologist for test conducted by superviseeKP-198
Subpoena for patient's psychological records issued by agency or court, psychologist's duty to comply withLO96-102
Unlicensed psychological extenders, State Board of Examiners of Psychologists may not authorize the use of, licensees may not useLO96-147