(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.
Terms Used In Texas Occupations Code 164.001
- Board: means the Texas Medical Board. See Texas Occupations Code 151.002
- Continuing threat to the public welfare: means a real danger to the health of a physician's patients or to the public from the acts or omissions of the physician caused through the physician's lack of competence, impaired status, or failure to care adequately for the physician's patients, as determined by:
(A) the board;
(B) a medical peer review committee in this state;
(C) a physician licensed to practice medicine in this state or otherwise lawfully practicing medicine in this state;
(D) a physician engaged in graduate medical education or training; or
(E) a medical student. See Texas Occupations Code 151.002
- Conviction: A judgement of guilt against a criminal defendant.
- Felony: A crime carrying a penalty of more than a year in prison.
- License holder: means a person holding a license, permit, or certificate issued under this subtitle. See Texas Occupations Code 151.002
- Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
- Person: means an individual, unless the term is expressly made applicable to a partnership, association, or corporation. See Texas Occupations Code 151.002
- Physician: means a person licensed to practice medicine in this state. See Texas Occupations Code 151.002
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Rule: includes regulation. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(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.