Delegation of Medical Acts to Nonphysicians

Abstract

The practice of medicine in Texas is governed by the Medical Practice Act (the Act). The Act mandates that it is to be construed such that persons licensed to practice medicine in Texas have the authority to delegate certain medical acts to nonphysicians within guidelines established by the Act and administrative rules promulgated by the Texas State Board of Medical Examiners (the Board). The Act also provides that the physician remains responsible for the medical acts of a person performing delegated medical acts. Failure to comply with the statutory guidelines could subject the delegating physician to disciplinary action by the Board and could result in the nonphysician practicing medicine without a license (which would also subject the nonphysician to disciplinary action by the Board). Violation of the Act also constitutes a criminal offense. Relevant provisions of the Act and administrative rules of the Board are outlined in this article and provide needed guidance to physicians with respect to the delegation of medical acts to nonphysicians.