Skip to content
Close
Southwest Banner
Medical Professional Liability State Profile:

Texas

PRA New Business Paper
#3 ProAssurance State Rank
#7 Market Rank
$503,029,875 Size of MPL Market

CME Requirements

Credit Amount
Texas requires 48 CME hours per licensure cycle, half of which must be Category 1 or Category 1A CME courses.

  • Physicians licensed for the first time in the state of Texas will be assigned an initial licensure period of either 12 or 24 months—see details on the Texas Medical Board's registration and renewal page.

Licensure Cycle
Biennial. Following the initial 12-or 24-month licensure cycle, licenses that end in an even number expire in years that end in an even numbered year and licenses that end in an odd number expire in odd numbered years.

Topics
24 of the 48 required credit hours must be earned from courses or programs that are Category 1 or Category 1A CME with the following topical requirements: 2 hours of Category 1 or Category 1A CME on medical ethics and/or professional responsibility; 2 hours of Category 1 or Category 1A CME on alternative pain management treatment options and/or opioid and controlled substance prescribing and monitoring, and completion of a human trafficking prevention course.


CME requirements listed above were updated based on information from the Texas Medical Board (TMB), but education requirements do change. Due to COVID-19, certain states may have modified their licensure requirements. Physicians should confirm Texas' current requirements on the TMB's Continuing Medical Education for MDs/DOs page.

  • Prejudment Interest
  • One-party or two-party state
  • Impactful Legislation
  • Abortion Law

Prejudment Interest

Prejudment Tort Actions Rate: (Interest allowed in wrongful death, personal injury and property damage cases. Tex. Fin. Code § 304.102.) The post-judgment interest rate applicable at the time of judgment. Interest is computed as simple interest and does not compound. Tex. Fin. Code § 304.104. For condemnation actions, see Tex. Fin. Code § 304.201. Prejudgment interest not allowed on punitive damages. Tex. Civ. Prac. & Rem. Code § 41.007.

Prejudgment Accrual date: The earlier of the 180th day after the date the defendant receives written notice of a claim or the date suit is filed.

  • Tex. Fin. Code § 304.104

Post-Judgment Tort Actions Rate: The prime rate, calculated as stated in Tex. Fin. Code § 304.003, with a minimum rate of 5% and a maximum rate of 15%.

  • Tex. Fin. Code § 304.003

Post-Judgment Accrual Date: Judgment date. However, if the case is appealed and a motion for extension of time to file a brief is granted for a party who was a claimant at trial, interest does not accrue for the period of extension.

  • Tex. Fin. Code § 304.005

One-party or two-party state

Texas is a one-party state.

In Texas, it is a criminal offense to use any device to record or share communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Texas, you are legally allowed to record a conversation if you are a contributor or with prior consent from one of the involved parties, barring any criminal intentions. It is also lawful to record electronic communications that are easily available to the public. Tex. Penal Code Ann. § 16.02

Impactful Legislation

HB 4 – Passed House on April 5 and Senate on May 10. Signed by Governor on June 18, 2023.

Relating to the regulation of the collection, use, processing, and treatment of consumers’ personal data by certain business entities; imposing a civil penalty.

The Texas Data Privacy and Security Act will provide consumers with data privacy protections while establishing certain requirements on covered entities. Aligned with Virginia's data privacy law and other business friendly laws. Differs from other bills in several ways. Exempts entities that comply with HIPAA. No private right of action.

HB 888 – Passed Judiciary & Civil Jurisprudence Committee on April 10. Committee report filed with committee coordinator on April 24. Committee report sent to Calendars and distributed on April 25. Placed on General State Calendar on May 11, 2023.

Relating to the statute of limitations on a health care liability claim involving certain gender modification drugs provided to and procedures performed on a minor.

This bill would extend the statute of limitations involving claims of gender modifications to a minor to the plaintiff's 25th birthday.

Abortion Law

Now that the Supreme Court has overturned Roe:
Texas is enforcing its trigger ban, which prohibits abortion and includes civil and criminal penalties. There are no abortion protections.