Texas Occupations Code 164.059 – Temporary Suspension or Restriction of License
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(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.
Terms Used In Texas Occupations Code 164.059
- 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.
- 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 - Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- License holder: means a person holding a license, permit, or certificate issued under this subtitle. See Texas Occupations Code 151.002
- Person: means an individual, unless the term is expressly made applicable to a partnership, association, or corporation. See Texas Occupations Code 151.002
(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 § 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 § 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.