Texas State Board of Medical Examiners:

An Inventory of Minutes at the Texas State Archives, 1907-1986, 1988-2002

Agency History

Initial licensing of medical practitioners in Texas began in 1837 with the creation of the Board of Medical Censors by the 2nd Congress of the Republic of Texas. It was abolished in 1848 by the 2nd Legislature of the State of Texas.

In 1873 (13th Texas Legislature, Chapter 55), and again in 1876 (15th Legislature, Chapter 140) legislation was passed which directed the presiding judge of each district court to create a three-member district Board of Medical Examiners for the licensing or certification of medical practitioners in each district. A state-wide board was not re-established until the passage of the Medical Practices Act in 1901 (House Bill 173, 27th Texas Legislature), creating three medical boards: the Board of Medical Examiners, the Board of Eclectic Medical Examiners, and the Board of Homeopathic Medical Examiners. Each board had nine members. This law specified "that no member shall be a professor or teacher in any medical school."

In 1907, these three boards were supplanted by the Texas State Board of Medical Examiners, established by the 30th Legislature (Senate Bill 26) to administer the examination and licensing of physicians and surgeons, prescribe their qualifications, and provide procedures for the registration and revocation of licenses. The Board, when created, consisted of 11 members appointed by the governor for two-year terms, and was required to meet twice a year. In 1931 (House Bills 6 and 7, 42nd Legislature) the number of members was raised to 12, and the term increased to six years. In 1981, the Texas Legislature increased the number of members to 15, adding doctors of osteopathy and public members (Senate Bill 5, 67th Legislature, 1st Called Session). That number was raised to 18 (adding three more public members) in 1993 (Senate Bill 1062, 73rd Legislature, Regular Session).

The current 18-member board consists of nine licensed physicians who must be graduates of a reputable medical school with a degree of doctor of medicine (MD); three licensed physicians who must be graduates of a reputable medical school with a degree of doctor of osteopathic medicine (OD) (both types of physicians must have practiced medicine for at least five years, including three years in Texas); and six members who represent the general public. All members are appointed by the governor with the advice and consent of the senate for overlapping six-year terms. The governor designates the president of the board.

In 1923 the 38th Texas Legislature passed the "Act to Define and Regulate the Practice of Chiropody" (House Bill 487). Under the terms of this law a five-member State Board of Chiropody Examiners was created to administer the examinations and license those seeking to practice chiropody in Texas. Membership of the Board consisted of three members of the Texas State Board of Medical Examiners and two chiropodists appointed by the Board of Medical Examiners. The secretary of the Board of Medical Examiners served as the Chiropody Board's secretary. In 1939 the board was made a separate, independent state agency, the Texas State Board of Chiropody Examiners. In 1967 the name was changed to Texas State Board of Podiatry Examiners, and in 1995 to Texas State Board of Podiatric Medical Examiners.

In 1993, the 73rd Texas Legislature created the Texas State Board of Acupuncture Examiners (Senate Bill 1062) and the Texas Physician Assistant Advisory Council (House Bill 2498), later called the Texas State Board of Physician Assistant Examiners, each of them composed of nine members, administratively attached to the Texas State Board of Medical Examiners.

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Scope and Contents of the Records

These records comprise copies of the minutes (with supporting documentation) of the Texas State Board of Medical Examiners, dating 1907-1986, 1988-2002. The first two books (originally bound into volumes covering 1907-1933 and 1933-1939) contain indexes. Minutes are missing from part of 1986 and all of 1987. Agenda are included with minutes for a few meetings in 1993. Minutes for June 1975-February 1981 are also on microfilm.

Originally included (in the first two volumes) were minutes for the Texas State Board of Chiropody Examiners, 1923-1939. These have been separated (where possible) and are now located with the Texas State Board of Podiatric Medical Examiners, Minutes, 1923-1939, 1982-1997, 0.48 cubic ft. When the other side of the page contained Medical Examiners minutes, the Board of Chiropody Examiners minutes were photocopied and the copies placed with the minutes of that board; the original pages remain with Medical Examiners.

Over time, meetings of the Texas State Board of Medical Examiners generally became more frequent and more complex. The various board orders were originally incorporated into the text of the minutes, but eventually (by the late 1980s), they were included as attachments or appendices; likewise (by the early 1990s) for the various committee minutes.

The examination function of the board is represented by investigations into the condition of medical programs at Texas colleges (1907-1912); by development of examination questions (in the earlier minutes); by lists of examination scores below passing (with the number--not the name--of the examinee, the score, the subject, and the decision-e.g., "repeat," or "be raised to 75"); by lists of medical schools in the United States; and by reports of the Examination committee and the Medical school committee.

The licensing function of the board is represented by establishment (in the earliest minutes, 1907-1912) of procedures for verification (confirming the credentials of medical doctors in practice prior to 1907); by cancellation of licenses for nonpayment and by request (listing name of licensee, degree, license number, and mailing address); and by reports of the Reciprocity committee (listing names and degrees of those granted licenses), and of the Licensure committee.

The disciplinary function of the board is represented by investigations into charges of selling licenses by former Board members prior to the enactment of the 1907 law; by investigations into drug abuse by members of the medical profession during the mid-1930s; by various board orders (rehabilitation orders, agreed board orders, modification requests/termination request orders, nunc pro tunc orders, temporary suspension/automatic orders/automatic actions, termination of suspension orders, and mediated settlement agreements); and by reports of the Disciplinary Panel meetings, the Disciplinary Process Review committee, and the Standing Orders committee).

Administrative affairs considered by the board included rule changes, the operating budget, and the executive director's report. Also related are the reports of the following committees: Executive, Finance, Legislative, Long Range Planning, Public Information/Profile, and Ad hoc committees (such as the one To Study Operation of the Board and Central Office). Other committee reports not easily classifiable include those of the Non-Profit Health Organizations committee, and the Telemedicine committee.

To prepare this inventory, the described materials were cursorily reviewed to delineate series, to confirm the accuracy of contents lists, to provide an estimate of dates covered, and to determine record types.

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Restrictions

Restrictions on Access

None.

Restrictions on Use

Most records created by Texas state agencies are not copyrighted and may be freely used in any way. State records also include materials received by, not created by, state agencies. Copyright remains with the creator. The researcher is responsible for complying with U.S. Copyright Law (Title 17 U.S.C.).

Technical Requirements

None.

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Related Material

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Administrative Information

Preferred Citation

(Identify the item and cite the series), Minutes, Texas State Board of Medical Examiners. Archives and Information Services Division, Texas State Library and Archives Commission.

Accession Information

Accession numbers: 1981/207, 1992/276, 1998/159, 1999/064, 2000/170, 2001/134, 2002/037, 2003/180

These records were transferred to the Archives and Information Services Division of the Texas State Library and Archives Commission by the Texas State Board of Medical Examiners on August 14, 1981; June 24, 1992; June 9, 1998; December 3, 1998; July 12, 2000; June 18, 2001; October 9, 2001; and July 23, 2003.

Processing Information

Tony Black, June 1998, December 1998, July 2000, August 2001, May 2003, August 2003, April 2004, October 2004

Accruals

The Texas State Board of Medical Examiners regularly transfers minutes to the Texas State Archives; they will be added to this finding aid on an annual basis.

Other Formats for the Records

The Texas State Board of Medical Examiners periodically mounts its recent minutes and agenda (both for the board and for committees) on the agency web site ( http://www.tsbme.state.tx.us/index.htm).

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Detailed Description of the Records

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