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Tex. Occ. Code § 157.001

GENERAL AUTHORITY OF PHYSICIAN TO DELEGATE

Known as the Medical Practice Act

The act spans §§ 151–172 (375 sections).

Applied in 5 court decisions — leading case Morgan v. Wal-Mart Stores, Inc. (2000)

Most recently applied in Martinez v. Pfizer Inc. (March 2019)

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

How often courts cite this section

20002010201910
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(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.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.