This section exempts several licensed medical and related professionals, and certain emergency, training, and consultation activities, from the subtitle. It also says medical residents, interns, and fellows still must register and follow the subtitle’s other applicable provisions.
Sec. 151.052. EXEMPTIONS. (a) This subtitle does not apply to: (1) a dentist, licensed under the laws of this state, engaged strictly in the practice of dentistry; (2) a licensed optometrist or therapeutic optometrist engaged strictly in the practice of optometry or therapeutic optometry as defined by law; (3) a licensed chiropractor engaged strictly in the practice of chiropractic as defined by law; (4) a registered nurse or licensed vocational nurse engaged strictly in the practice of nursing in accordance with the applicable licensing acts and other laws of this state; (5) a licensed podiatrist engaged strictly in the practice of podiatry as defined by law; (6) a licensed or certified psychologist engaged strictly in the practice of psychology as defined by law; (7) a licensed physical therapist engaged strictly in the practice of physical therapy in accordance with the law relating to physical therapy practice; (8) a commissioned or contract surgeon in the United States uniformed services or Public Health Service in the performance of that person's duties if the person is not engaged in private practice; (9) a person who furnishes medical assistance in an emergency or disaster situation if no charge is made for the medical assistance; (10) a student in training in a board-approved medical school while performing, under the supervision of a licensed practitioner, the duties assigned in the course of training; (11) a legally qualified physician of another state who is in this state for consultation with a physician licensed in this state but who does not: (A) maintain an office in this state; or (B) appoint a place in this state for seeing, examining, or treating a patient; or (12) any other activity that the board designates as exempt from the application of this subtitle. (b) Notwithstanding Subsection (a)(10), a medical resident, intern, or fellow is required to register and is subject to the other applicable provisions of this subtitle. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.