Texas Occupations Code 164.053 – Unprofessional or Dishonorable Conduct
(a) For purposes of § 164.052(a)(5), unprofessional or dishonorable conduct likely to deceive or defraud the public includes conduct in which a physician:
(1) commits an act that violates any state or federal law if the act is connected with the physician’s practice of medicine;
(2) fails to keep complete and accurate records of purchases and disposals of:
(A) drugs listed in Chapter 481, Health and Safety Code; or
(B) controlled substances scheduled in the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. § 801 et seq.);
(3) writes prescriptions for or dispenses to a person who:
(A) is known to be an abuser of narcotic drugs, controlled substances, or dangerous drugs; or
(B) the physician should have known was an abuser of narcotic drugs, controlled substances, or dangerous drugs;
(4) writes false or fictitious prescriptions for:
(A) dangerous drugs as defined by Chapter 483, Health and Safety Code; or
(B) controlled substances scheduled in Chapter 481, Health and Safety Code, or the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. § 801 et seq.);
(5) prescribes or administers a drug or treatment that is nontherapeutic in nature or nontherapeutic in the manner the drug or treatment is administered or prescribed;
(6) prescribes, administers, or dispenses in a manner inconsistent with public health and welfare:
(A) dangerous drugs as defined by Chapter 483, Health and Safety Code; or
(B) controlled substances scheduled in Chapter 481, Health and Safety Code, or the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. § 801 et seq.);
(7) violates § 311.0025, Health and Safety Code;
(8) fails to supervise adequately the activities of those acting under the supervision of the physician; or
(9) delegates professional medical responsibility or acts to a person if the delegating physician knows or has reason to know that the person is not qualified by training, experience, or licensure to perform the responsibility or acts.
(b) A complaint, indictment, or conviction of a violation of law is not necessary for the enforcement of Subsection (a)(1). Proof of the commission of the act while in the practice of medicine or under the guise of the practice of medicine is sufficient for the board‘s action.
Terms Used In Texas Occupations Code 164.053
- Board: means the Texas Medical Board. See Texas Occupations Code 151.002
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conviction: A judgement of guilt against a criminal defendant.
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- 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
(c) Subsection (a)(3) does not apply to a person the physician is treating for:
(1) the person’s use of narcotics after the physician notifies the board in writing of the name and address of the person being treated; or
(2) intractable pain under the Intractable Pain Treatment Act (Article 4495c, Revised Statutes).