89th Legislature Regular Session

SB 2207

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
SB 2207 seeks to limit the regulatory authority of the Texas Medical Board over physician advertising, specifically in how physicians may represent themselves as “board certified.” Under current law, the board has the discretion to determine the validity and recognition of certifying bodies. SB 2207 amends Section 153.002 of the Occupations Code by prohibiting the board from adopting rules that regulate such advertising if the physician holds a valid certification from a recognized national or specialty medical board.

The bill identifies eligible certifying bodies, including those under the American Board of Medical Specialties (ABMS), the American Osteopathic Association Bureau of Osteopathic Specialists (AOA-BOS), and other organizations that meet rigorous standards. These standards include requirements for a validated examination process, accredited postgraduate training, peer-review practices, a national membership footprint, nonprofit status, and a permanent operational base. Additionally, any physician advertising a board certification must clearly identify the certifying organization in their advertising materials.

SB 2207 also ensures that the Texas Medical Board may not impose fees or require applications from qualifying certifying organizations seeking recognition under this provision. The bill is designed to encourage transparency, broaden competition among certifying bodies, and reduce unnecessary regulatory barriers while still maintaining high professional standards.
Author
Bob Hall
Fiscal Notes

According to the Legislative Budget Board (LBB), SB 2207 is not expected to have a significant fiscal impact on the state. The Texas Medical Board, which is directly affected by the bill, is assumed to be capable of implementing the necessary administrative changes—such as ceasing to review or regulate certain physician advertising practices—within its current budget and staffing levels. No new funding or significant resource allocation is projected to be necessary.

Furthermore, the bill is anticipated to have no fiscal implications for local governments. Since the bill strictly addresses the rulemaking authority of a state-level regulatory board and does not impose new mandates or responsibilities on municipalities or counties, there would be no effect on local revenues or expenditures.

In sum, SB 2207 introduces a policy change with minimal financial burden, maintaining the state’s current fiscal posture while achieving a deregulatory objective.

Vote Recommendation Notes

SB 2207 presents a targeted and thoughtful rollback of excessive regulatory authority currently exercised by the Texas Medical Board (TMB) over physician advertising, specifically regarding the use of the term “board certified.” The bill is a response to what the author describes as burdensome rules that limit which certifying boards physicians may reference in advertising and imposes a $200 fee and an extensive application process to gain TMB approval for those claims. By removing this gatekeeping authority—so long as the certifying body meets rigorous national standards and is transparently disclosed—SB 2207 promotes transparency, professional autonomy, and patient empowerment.

From a liberty-oriented policy perspective, the bill clearly advances multiple principles. It expands individual liberty by ensuring that physicians can truthfully communicate their credentials without undue state interference. It promotes free enterprise by opening the professional certification landscape to more organizations that meet robust, standardized criteria, breaking the monopolistic hold of a few legacy boards. It also strengthens limited government by directly reducing regulatory overreach, reaffirming that the role of the TMB is licensure—not micro-regulation of credentials voluntarily earned beyond licensure requirements.

Importantly, the bill carries no significant fiscal impact on the state or local governments, with any administrative adjustments by TMB expected to be absorbed within existing resources. The legislation’s scope is narrow and clear, with no new rulemaking authority granted, and it maintains patient safety by preserving high standards for certifying bodies. Taken together, SB 2207 delivers a balanced policy reform that protects professional speech, promotes competition, and trims unnecessary bureaucracy. As such, Texas Policy Research recommends that lawmakers vote YES on SB 2207.

  • Individual Liberty: The bill strengthens individual liberty by protecting the right of physicians to truthfully advertise their credentials without excessive interference from the Texas Medical Board (TMB). The ability to share one’s earned qualifications—so long as they are clearly disclosed and based on credible standards—is a matter of free speech. This bill ensures that physicians retain that autonomy, which aligns with both First Amendment protections and Article I, Section 8 of the Texas Constitution.
  • Personal Responsibility: The bill promotes a system where both physicians and patients are accountable for their choices. Physicians can take the initiative to earn certifications that reflect their specialization and advertise them accordingly. Patients, in turn, have access to clear and accurate information to evaluate their healthcare providers, reinforcing informed decision-making rather than state-filtered gatekeeping.
  • Free Enterprise: The bill eliminates monopolistic constraints by allowing competition among certifying bodies, provided they meet rigorous, transparent standards. By removing the TMB’s narrow recognition of only a few boards and waiving the burdensome fee and application process, the bill fosters a more dynamic credentialing marketplace—encouraging innovation, professional diversity, and lower barriers to entry.
  • Private Property Rights: A physician’s training, skills, and certifications are part of their professional capital—an extension of their intellectual and human labor. The right to communicate those credentials in the marketplace is closely tied to ownership of one’s labor and reputation. The bill ensures that the state does not unduly interfere with how that property is presented, so long as it is done honestly.
  • Limited Government: The bill is a textbook example of limiting government to its proper role. It scales back the TMB’s ability to overregulate areas that do not directly concern health and safety—such as how a doctor references legitimate board certifications. This recalibration of authority ensures that state agencies do not exceed their constitutional and statutory purpose.

View Bill Text and Status