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Texas Occupations Code - Section 164.001. Disciplinary Authority Of Board; Methods Of Discipline

Legal Research Home > Texas Lawyer > Occupations Code > Texas Occupations Code - Section 164.001. Disciplinary Authority Of Board; Methods Of Discipline

§ 164.001. DISCIPLINARY AUTHORITY OF BOARD;  METHODS OF 
DISCIPLINE.  (a) Except for good cause shown, the board, on 
determining a violation of this subtitle or a board rule or for any 
cause for which the board may refuse to admit a person to its 
examination or to issue or renew a license, including an initial 
conviction or the initial finding of the trier of fact of guilt of a 
felony or misdemeanor involving moral turpitude, shall:
		(1)  revoke or suspend a license;                                             
		(2)  place on probation a person whose license is 
suspended;  or            
		(3)  reprimand a license holder.                                              
	(b)  Except as otherwise provided by Sections 164.057 and 
164.058, the board, on determining that a person committed an act 
described by Sections 164.051 through 164.054, shall enter an order 
to:
		(1)  deny the person's application for a license or 
other authorization to practice medicine;
		(2)  administer a public reprimand;                                           
		(3)  suspend, limit, or restrict the person's license 
or other authorization to practice medicine, including:
			(A)  limiting the practice of the person to or 
excluding one or more specified activities of medicine;  or
			(B)  stipulating periodic board review;                                      
		(4)  revoke the person's license or other authorization 
to practice medicine;
		(5)  require the person to submit to care, counseling, 
or treatment of physicians designated by the board as a condition 
for:
			(A)  the issuance or renewal of a license or other 
authorization to practice medicine;  or
			(B)  continued practice under a license;                                     
		(6)  require the person to participate in an 
educational or counseling program prescribed by the board;
		(7)  require the person to practice under the direction 
of a physician designated by the board for a specified period;
		(8)  require the person to perform public service 
considered appropriate by the board;  or
		(9)  assess an administrative penalty against the 
person as provided by Section 165.001.
	(c)  Notwithstanding Subsection (b), the board shall revoke, 
suspend, or deny a physician's license if the board determines 
that, through the practice of medicine, the physician poses a 
continuing threat to the public welfare.
	(d)  In addition to any other disciplinary action authorized 
by this section, the board may issue a written reprimand to a 
license holder who violates this subtitle or require that a license 
holder who violates this subtitle participate in continuing 
education programs.  The board shall specify the continuing 
education programs to be attended and the number of hours that must 
be completed by the license holder to fulfill the requirements of 
this subsection.
	(e)  For any sanction imposed under this chapter as the 
result of a hearing conducted by the State Office of Administrative 
Hearings, that office shall use the schedule of sanctions adopted 
by board rule.
	(f)  The board by rule shall adopt a schedule of the 
disciplinary sanctions that the board may impose under this 
subchapter.  In adopting the schedule of sanctions, the board shall 
ensure that the severity of the sanction imposed is appropriate to 
the type of violation or conduct that is the basis for disciplinary 
action.
	(g)  In determining the appropriate disciplinary action, 
including the amount of any administrative penalty to assess, the 
board shall consider whether the person:
		(1)  is being disciplined for multiple violations of 
this subtitle or a rule or order adopted under this subtitle;  or
		(2)  has previously been the subject of disciplinary 
action by the board.   
	(h)  In the case of a person described by:                                     
		(1)  Subsection (g)(1), the board shall consider taking 
a more severe disciplinary action, including revocation of the 
person's license, than the disciplinary action that would be taken 
for a single violation;  and
		(2)  Subsection (g)(2), the board shall consider 
revoking the person's license if the person has repeatedly been the 
subject of disciplinary action by the board.
	(i)  If the board chooses not to revoke the license of a 
person described by Subsection (g)(2), the board shall consider 
taking a more severe disciplinary action than the disciplinary 
action previously taken.
	(j)  In determining the appropriate disciplinary action, 
including the amount of any administrative penalty to impose, the 
board shall consider whether the violation relates directly to 
patient care or involves only an administrative violation.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2003, 78th Leg., ch. 202, § 26, eff. June 10, 2003;  Acts 
2005, 79th Leg., ch. 269, § 1.34, eff. Sept. 1, 2005.

Last modified: August 10, 2007