Texas Occupations Code Title 3, Chapter 164 - Disciplinary Actions And Procedures

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 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...
• Texas Section 164.0015 - Remedial Plan
  (a) In addition to the authority under Sections 164.001 and 164.002, the board may issue and establish the terms of a remedial plan to resolve...
• Texas Section 164.002 - Board Disposition Of Complaints, Contested Cases, And Other Matters
  (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...
• Texas Section 164.0025 - Delegation Of Certain Complaint Dispositions
  (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...
• Texas Section 164.003 - Informal Proceedings
  (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...
• Texas Section 164.0031 - Board Representation In 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...
• Texas Section 164.0032 - Roles And Responsibilities Of Participants In Informal Proceedings
  (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...
• Texas Section 164.0035 - Dismissal Of Baseless Complaint
  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...
• Texas Section 164.0036 - Notice Regarding Certain Complaints
  (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...
• Texas Section 164.004 - Compliance With Due Process Requirements
  (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,...
• Texas Section 164.005 - Initiation Of Charges; Formal Complaint
  (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...
• Texas Section 164.006 - Service Of Notice
  (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,...
• Texas Section 164.007 - Administrative Hearings; Confidentiality Issues
  (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...
• Texas Section 164.0071 - Hearings On Certain Complaints
  (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...
• Texas Section 164.008 - Right To Counsel
  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.,...
• Texas Section 164.009 - Judicial Review
  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...
• Texas Section 164.010 - Monitoring Of License Holder
  (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...

SUBCHAPTER B LICENSE DENIAL AND DISCIPLINARY ACTIONS

• Texas Section 164.011 - License Status Pending Appeal
  (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...
• Texas Section 164.051 - Grounds For Denial Or Disciplinary Action
  (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...
• Texas Section 164.052 - Prohibited Practices By Physician Or License Applicant
  (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...
• Texas Section 164.053 - Unprofessional Or Dishonorable Conduct
  (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...
• Texas Section 164.054 - Additional Requirements Regarding Drug Records
  (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)...
• Texas Section 164.055 - Prohibited Acts Regarding Abortion
  (a) The board shall take an appropriate disciplinary action against a physician who violates Section 170.002 or Chapter 171, Health and Safety Code. The board...
• Texas Section 164.0551 - Compliance With Certain Requirements Regarding Sonogram Before Abortion
  A physician shall comply with Subchapter B, Chapter 171, Health and Safety Code. Added by Acts 2011, 82nd Leg., R.S., Ch. 73 (H.B. 15), Sec....
• Texas Section 164.056 - Physical Or Mental Examination; Hearing
  (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...
• Texas Section 164.057 - Required Suspension Or Revocation Of License For Certain Offenses
  (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...
• Texas Section 164.058 - Required Suspension Of License Of Incarcerated Physician
  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...
• Texas Section 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...
• Texas Section 164.0595 - Temporary Suspension Or Restriction Of License For Certain Arrests
  (a) A disciplinary panel appointed under Section 164.059 may suspend or restrict the license of a person arrested for an offense under: (1) Section 22.011(a)(2),...
• Texas Section 164.060 - Report Of Board Actions
  (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...

SUBCHAPTER C PROBATION OF LICENSE

• Texas Section 164.061 - Surrender Of License
  (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...
• Texas Section 164.101 - Probation
  (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...
• Texas Section 164.102 - Persons Ineligible For Probation
  (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)...

SUBCHAPTER D LICENSE REINSTATEMENT

• Texas Section 164.103 - Rescission Of Probation
  (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...
• Texas Section 164.151 - Application For License Reinstatement
  (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...
• Texas Section 164.152 - Application Period
  (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...
• Texas Section 164.153 - Certain Persons Ineligible For Reinstatement
  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...

SUBCHAPTER E OTHER ACTIONS

• Texas Section 164.154 - Effect Of License Reinstatement On Certain Prosecutions Or Penalties
  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,...
• Texas Section 164.201 - Review By Board If Three Or More Malpractice Claims
  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,...
• Texas Section 164.206 - Refund
  (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...

Last modified: September 28, 2016