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Texas Occupations Code - Section 164.059. Temporary Suspension Or Restriction Of License

Legal Research Home > Texas Lawyer > Occupations Code > Texas Occupations Code - Section 164.059. Temporary Suspension Or Restriction Of License

§ 164.059. TEMPORARY SUSPENSION OR RESTRICTION OF 
LICENSE.  (a) The president of the board shall appoint a 
three-member disciplinary panel consisting of board members to 
determine whether a person's license to practice medicine should be 
temporarily suspended or restricted.
	(b)  If the disciplinary panel determines from the evidence 
presented to the panel that a person licensed to practice medicine 
would, by the person's continuation in practice, constitute a 
continuing threat to the public welfare, the disciplinary panel 
shall temporarily suspend or restrict the license of that person.
	(c)  A license may be suspended or restricted by a 
disciplinary panel under this section without notice or hearing if:
		(1)  the board immediately provides notice of the 
suspension or restriction to the license holder;  and
		(2)  a hearing on the temporary suspension or 
restriction before a disciplinary panel of the board is scheduled 
for the earliest possible date after 10 days' notice of hearing.
	(d)  Notwithstanding Chapter 551, Government Code, the 
disciplinary panel may hold a meeting by telephone conference call 
if immediate action is required and convening of the panel at one 
location is inconvenient for any member of the disciplinary panel.
	(e)  After the hearing before the disciplinary panel 
described by Subsection (c), if the disciplinary panel affirms the 
temporary suspension or restriction of the license holder's 
license, the board shall schedule an informal compliance meeting 
that meets the requirements of Section 2001.054(c), Government 
Code, and Section 164.004 of this code to be held as soon as 
practicable, unless the license holder waives the informal meeting 
or an informal meeting has already been held with regard to the 
issues that are the basis for the temporary suspension or 
restriction.
	(f)  If the license holder is unable to show compliance at 
the informal meeting described by Subsection (e) regarding the 
issues that are the basis for the temporary suspension or 
restriction, a board representative shall file a formal complaint 
under Section 164.005 as soon as practicable.
	(g)  If, after the hearing described by Subsection (c), the 
disciplinary panel does not temporarily suspend or restrict the 
license holder's license, the facts that were the basis for the 
temporary suspension or restriction may not be the sole basis of 
another proceeding to temporarily suspend or restrict the license 
holder's license.  The board may use those same facts in a 
subsequent investigation to obtain new information that may be the 
basis for the temporary suspension or restriction of the license 
holder's license.  For purposes of this subsection, facts that are 
the basis for the temporary suspension or restriction of a license 
holder's license include facts presented to the disciplinary panel 
and facts presented by the board or a representative of the board at 
the time evidence was presented to the disciplinary panel.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2003, 78th Leg., ch. 202, § 34, eff. June 10, 2003.

Last modified: August 10, 2007