Relating to the regulation of physicians and the disciplinary authority of the Texas Medical Board.
relating to the regulation of physicians and the disciplinary
authority of the Texas Medical Board.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 164.051, Occupations Code is amended by
amending Subsection (a) and adding Subsections (f) and (g) to read
as follows:
(a) Except as provided in Subsection (f), the [The] board
may refuse to admit a person to its examination or refuse to issue a
license to practice medicine and may take disciplinary action
against a person if the person:
(1) commits an act prohibited under Section 164.052;
(2) is convicted of, or is placed on deferred
adjudication community supervision or deferred disposition for:
(A) a felony; or
(B) a misdemeanor involving moral turpitude;
(3) commits or attempts to commit a direct or indirect
violation of a rule adopted under this subtitle, either as a
principal, accessory, or accomplice;
(4) is unable to practice medicine with reasonable
skill and safety to patients because of:
(A) illness;
(B) drunkenness;
(C) excessive use of drugs, narcotics,
chemicals, or another substance; or
(D) a mental or physical condition;
(5) is found by a court judgment to be of unsound mind;
(6) fails to practice medicine in an acceptable
professional manner consistent with public health and welfare;
(7) is removed, suspended, or is subject to
disciplinary action taken by the person’s peers in a local,
regional, state, or national professional medical association or
society, or is disciplined by a licensed hospital or medical staff
of a hospital, including removal, suspension, limitation of
hospital privileges, or other disciplinary action, if the board
finds that the action:
(A) was based on unprofessional conduct or
professional incompetence that was likely to harm the public; and
(B) was appropriate and reasonably supported by
evidence submitted to the board;
(8) is subject to repeated or recurring meritorious
health care liability claims that in the board’s opinion evidence
professional incompetence likely to injure the public; or
(9) except as provided by Subsections (d) and (e),
holds a license to practice medicine subject to disciplinary action
by another state, or subject to disciplinary action by the
uniformed services of the United States, based on acts by the person
that are prohibited under Section 164.052 or are similar to acts
described by this subsection.
(b) Action taken by a professional medical association,
society, or hospital medical staff under Subsection (a)(7) does not
constitute state action.
(c) A certified copy of the record of another state that
takes action described by Subsection (a)(9) or (d) is conclusive
evidence of that action.
(d) Except as provided in Subsection (f), the [The] board
shall refuse to issue a license under this subtitle if the applicant
held a license to practice medicine in another state that has been
revoked by the licensing authority in that state for a reason that
would be grounds for the board to revoke a license to practice
medicine in this state.
(e) Except as provided in Subsection (f), the [The] board
shall revoke a license issued under this subtitle if the license
holder, while holding the license under this subtitle, held a
license to practice medicine in another state that has been revoked
by the licensing authority in that state for a reason that would be
grounds for the board to revoke a license to practice medicine in
this state.
(f) The board may issue a license to practice medicine to a
person convicted of, or placed on deferred adjudication community
supervision or deferred disposition for a felony if:
(1) prior to the conviction, deferred adjudication
community supervision, or deferred disposition, the person was
licensed to practice medicine in this state;
(2) the person has:
(A) served any sentence resulting from the felony
conviction;
(B) completed any deferred adjudication
community service or deferred disposition ordered in connection
with the felony; and
(C) paid any fines applicable, or restitution
ordered by a court, in connection with the sentencing for the
felony;
(3) the felony was a nonviolent property felony; and
(4) the person is otherwise eligible to hold a license
to practice medicine under this subtitle.
(g) In this section, “Nonviolent property felony” means a
felony offense under state law, federal law, or the laws of a
federally recognized Indian tribe that does not have as an element
the intentional or knowing use, attempted use, or threatened use of
force or deadly force against any person, including or similar to a
felony offense under Chapters 31 through 35A, or 37, Penal Code.
SECTION 2. This Act takes effect on the 91st day after the
last day of the legislative session.
