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Terms Used In Texas Occupations Code 162.251

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Physician: means a person licensed to practice medicine in this state. See Texas Occupations Code 151.002
  • Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
  • Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005

In this subchapter:
(1) “Direct fee” means a fee charged by a physician to a patient or a patient’s designee for primary medical care services provided by, or to be provided by, the physician to the patient. The term includes a fee in any form, including a:
(A) monthly retainer;
(B) membership fee;
(C) subscription fee;
(D) fee paid under a medical service agreement; or
(E) fee for a service, visit, or episode of care.
(2) “Direct primary care” means a primary medical care service provided by a physician to a patient in return for payment in accordance with a direct fee. The term includes telemedicine medical services and telehealth services, as those terms are defined by § 111.001, provided using a technology platform.
(3) “Medical service agreement” means a signed written agreement under which a physician agrees to provide direct primary care services for a patient in exchange for a direct fee for a period of time that is entered into by the physician and:
(A) the patient;
(B) the patient’s legal representative, guardian, or employer on behalf of the patient; or
(C) the patient’s legal representative’s or guardian’s employer on behalf of the patient.
(4) “Physician” includes a professional association or professional limited liability company owned entirely by an individual licensed under this subtitle.
(5) “Primary medical care service” means a routine or general health care service of the type provided at the time a patient seeks preventive care or first seeks health care services for a specific health concern, is a patient’s main source for regular health care services, and includes:
(A) promoting and maintaining mental and physical health and wellness;
(B) preventing disease;
(C) screening, diagnosing, and treating acute or chronic conditions caused by disease, injury, or illness;
(D) providing patient counseling and education; and
(E) providing a broad spectrum of preventive and curative health care over a period of time.