22 Tex. Admin. Code § 164.4 - Advertising Board Certification

(a) The use of the term "board certified" may be used by a physician if they are currently certified by a member board of:

(1) the American Board of Medical Specialties (ABMS);

(2) the American Osteopathic Association Bureau of Osteopathic Specialists (BOS);

(3) the American Board of Oral and Maxillofacial Surgery; or

(4) other certifying board certification as approved by the board under subsection (b) of this section.

(b) Physician-based certifying organizations seeking approval on behalf of their members to advertise other board certification not listed in subsection (a) of this section, must:

(1) submit a completed board application that is valid for one year; and

(2) submit payment of a $200.00 application fee; and

(3) submit documentation that the certifying entity/board:

(A) has certification requirements that are substantially equivalent to the requirements of the ABMS or BOS; and

(B) requires members to complete an examination that has been psychometrically evaluated for validation and has been administered by a testing organization that tests knowledge and skills in the specialty or subspecialty;

(C) requires members successfully completed postgraduate training accredited by ACGME or AOA, with training in the specialty or subspecialty;

(D) utilizes appropriate peer-review processes;

(E) has a total membership of at least 100 duly licensed members, fellows, diplomates, or certificate holders from at least one-third of the states; and

(F) is tax exempt under the Internal Revenue Code pursuant to §501(c) with a permanent headquarters and staff.

(c) A certifying organization approved by the board under subsection (b) of this section must be reviewed every five years from the date of initial approval. As part of this review, the certifying organization must:

(1) submit payment of the $200.00 renewal fee, and

(2) submit to the board information of any substantive changes in the certifying organization's requirements for diplomates since the certifying board was last reviewed by the board.

Notes

22 Tex. Admin. Code § 164.4

The provisions of this §164.4 adopted to be effective March 8, 2001, 26 TexReg 1863; amended to be effective May 2, 2004, 29 TexReg 3962; amended to be effective July 3, 2007, 32 TexReg 3992; amended to be effective January 17, 2011, 36 TexReg 137; amended to be effective May 5, 2011, 36 TexReg 2727; Adopted by Texas Register, Volume 50, Number 02, January 10, 2025, TexReg 0339, eff. 1/9/2025