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Texas Occupations Code - Chapter 164 Disciplinary Actions And ProceduresLegal Research Home > Texas Lawyer > Occupations Code > Texas Occupations Code - Chapter 164 Disciplinary Actions And Procedures (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 ... (a) Unless precluded by law, the board may dispose of any complaint or matter relating to this subtitle or of any contested case by a ... (a) The board may delegate to a committee of board employees the authority to dismiss or enter into an agreed settlement of a complaint that ... (a) The board by rule shall adopt procedures governing: (1) informal disposition of a contested case under Section 2001.056, Government Code; and (2) informal proceedings ... (a) In an informal meeting under Section 164.003 or an informal hearing under Section 164.103, at least two panelists shall be appointed to determine whether ... (a) A board member or district review committee member that serves as a panelist at an informal meeting under Section 164.003 shall make recommendations for ... If, during the 180-day period prescribed by Section 164.003(b)(1), the board determines that the complaint is a baseless or unfounded complaint, the board shall dismiss ... (a) If an informal meeting is not scheduled for a complaint before the 180th day after the date the board's official investigation of the complaint ... (a) Except in the case of a suspension under Section 164.059 or under the terms of an agreement between the board and a license holder, ... (a) In this section, "formal complaint" means a written statement made by a credible person under oath that is filed and presented by a board ... (a) Service of process to notify the respondent of a hearing about the charges against the person must be served in accordance with Chapter 2001, ... (a) The board by rule shall adopt procedures governing formal disposition of a contested case under Chapter 2001, Government Code. A formal hearing shall be ... (a) In a formal hearing described by Section 164.007 in which the sole basis for disciplinary action is the basis described by Section 164.051(a)(7), the ... In a hearing involving a disciplinary action under this subtitle, the respondent is entitled to appear personally, by counsel, or both. Acts 1999, 76th Leg., ... A person whose license to practice medicine has been revoked or who is subject to other disciplinary action by the board may appeal to a ... (a) The board by rule shall develop a system to monitor compliance with the requirements of this subtitle of license holders who are the subject ... (a) The board's decision on a disciplinary matter may not be enjoined or stayed except on application to the appropriate court after notice to the ... (a) The board may refuse to admit a person to its examination or refuse to issue a license to practice medicine and may take disciplinary ... (a) A physician or an applicant for a license to practice medicine commits a prohibited practice if that person: (1) submits to the board a ... (a) For purposes of Section 164.052(a)(5), unprofessional or dishonorable conduct likely to deceive or defraud the public includes conduct in which a physician: (1) commits ... (a) Each physician shall keep a record of the physician's purchase and disposal of drugs and controlled substances described by Section 164.053(a)(2) that includes: (1) ... (a) The board may take an appropriate disciplinary action against a physician who violates Section 170.002, Health and Safety Code. The board may refuse to ... (a) In enforcing Section 164.051(a)(4), the board, on probable cause, shall request the affected physician or applicant to submit to a mental or physical examination ... (a) The board shall suspend a physician's license on proof that the physician has been: (1) initially convicted of: (A) a felony; (B) a misdemeanor ... Regardless of the offense, the board shall suspend the license of a physician serving a prison term in a state or federal penitentiary during the ... (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 ... (a) Not later than the first working day after the date a board order is issued taking disciplinary action against a physician, the board shall ... (a) The board may accept the voluntary surrender of a license. (b) A surrendered license may not be returned unless the board determines, under board ... (a) The board on majority vote may probate an order canceling, revoking, or suspending a license or imposing any other method of discipline if the ... (a) The board may not grant probation to a physician who constitutes, through the practice of medicine, a continuing threat to the public welfare. (b) ... (a) At any time during a probation term, on a showing of adequate grounds, the board may hold a hearing and, on proof of a ... (a) On application, the board may reissue a license to practice medicine to a person whose license has been canceled, revoked, or suspended. (b) The ... (a) A person may not apply for reinstatement of a license that was revoked before the first anniversary of the date on which the revocation ... Except on an express determination based on substantial evidence contained in an investigative report indicating that reinstatement or reissue of the license is in the ... If a physician has had charges filed against the physician during a period in which the physician's license was not in force or was suspended, ... The board shall review the medical competency of a physician against whom three or more expert reports under Section 74.351, Civil Practice and Remedies Code, ... (a) The board, through an agreed order or after a contested proceeding, may impose a nondisciplinary rehabilitation order on an applicant, as a prerequisite for ... (a) A rehabilitation order imposed under Section 164.202 is a nondisciplinary private order. If entered by agreement, the order is: (1) an agreed disposition or ... (a) The board shall maintain a rehabilitation order imposed under Section 164.202 in a confidential file. The file is subject to an independent audit by ... (a) If a rehabilitation order imposed under Section 164.202 requires a license holder to participate in activities or programs provided by a local or statewide ... (a) Subject to Subsection (b), the board may order a license holder to pay a refund to a consumer as provided in an agreement resulting ... Texas Lawyers
Last modified: August 10, 2007 |