reglab/housing_qa huggingface dataset:
TX Occ Code § 164.002 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle B - Physicians|Chapter 164 - Disciplinary Actions and Procedures|Subchapter A. General Provisions|Section 164.002. Board Disposition of Complaints, Contested Cases, and Other Matters

Sec. 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 stipulation, agreed settlement, or consent order.(b)  The board shall dispose of a complaint, contested case, or other matter in writing.  If appropriate, the affected physician shall sign the writing.(c)  An agreed disposition is a disciplinary order for purposes of reporting under this subtitle and of administrative hearings and proceedings by state and federal regulatory agencies regarding the practice of medicine.  An agreed disposition or a remedial plan under Section 164.0015 is public information.(d)  In civil litigation, an agreed disposition or a remedial plan under Section 164.0015 is a settlement agreement under Rule 408, Texas Rules of Evidence.  This subsection does not apply to a license holder who has previously entered into an agreed disposition with the board of a different disciplinary matter or whose license the board is seeking to revoke.(e)  The board may not dismiss a complaint solely on the grounds that the case has not been scheduled for an informal meeting within the time required by Section 164.003(b).|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 1.35, eff. September 1, 2005.Acts 2011, 82nd Leg., R.S., Ch. 600 (S.B. 227), Sec. 2, eff. September 1, 2011.Acts 2011, 82nd Leg., R.S., Ch. 1349 (H.B. 680), Sec. 5, eff. September 1, 2011.|
TX Occ Code § 164.0025 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle B - Physicians|Chapter 164 - Disciplinary Actions and Procedures|Subchapter A. General Provisions|Section 164.0025. Delegation of Certain Complaint Dispositions

Sec. 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 does not relate directly to patient care or that involves only administrative violations.  The disposition determined by the committee must be approved by the board at a public meeting.(b)  A complaint delegated under this section shall be referred for informal proceedings under Section 164.003 if:(1)  the committee of employees determines that the complaint should not be dismissed or settled;(2)  the committee is unable to reach an agreed settlement; or(3)  the affected physician requests that the complaint be referred for informal proceedings.|Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 1.36, eff. September 1, 2005.|
TX Occ Code § 164.0031 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle B - Physicians|Chapter 164 - Disciplinary Actions and Procedures|Subchapter A. General Provisions|Section 164.0031. Board Representation in Informal Proceedings

Sec. 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 an informal disposition is appropriate.  At least one of the panelists must be a physician.(b)  Notwithstanding Subsection (a) and Section 164.003(b)(4), an informal proceeding may be conducted by one panelist if the affected physician waives the requirement that at least two panelists conduct the informal proceeding.  If the physician waives that requirement, the panelist may be either a physician or a member who represents the public.(c)  The panel requirements described by Subsection (a) do not apply to an informal proceeding conducted by the board under Section 164.003 to show compliance with an order of the board.|Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 1.38, eff. September 1, 2005.|
TX Occ Code § 164.0035 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle B - Physicians|Chapter 164 - Disciplinary Actions and Procedures|Subchapter A. General Provisions|Section 164.0035. Dismissal of Baseless Complaint

Sec. 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 the complaint and include a statement in the records of the complaint that the reason for the dismissal is because the complaint was baseless or unfounded.  The board shall adopt rules that establish criteria for determining that a complaint is baseless or unfounded.|Added by Acts 2003, 78th Leg., ch. 202, Sec. 28, eff. June 10, 2003.|
TX Occ Code § 164.0036 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle B - Physicians|Chapter 164 - Disciplinary Actions and Procedures|Subchapter A. General Provisions|Section 164.0036. Notice Regarding Certain Complaints

Sec. 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 is commenced under Section 154.057(b), the board shall provide notice to all parties to the complaint.  The notice must include an explanation of the reason why the informal meeting has not been scheduled.  The notice under this subsection is not required if the notice would jeopardize an investigation.(b)  The board must include in its annual report to the legislature information about any complaint for which notice is required under Subsection (a), including the reason for failing to schedule the informal meeting before the 180-day deadline.  The information provided under this subsection must also list any complaint in which the investigation has extended beyond the first anniversary of the date the complaint was filed with the board.|Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 1.39, eff. September 1, 2005.|
TX Occ Code § 164.004 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle B - Physicians|Chapter 164 - Disciplinary Actions and Procedures|Subchapter A. General Provisions|Section 164.004. Compliance With Due Process Requirements

Sec. 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, a revocation, suspension, involuntary modification, or other disciplinary action relating to a license is not effective unless, before board proceedings are instituted:(1)  the board gives notice, in a manner consistent with the notice requirements under Section 154.053, to the affected license holder of the facts or conduct alleged to warrant the intended action;  and(2)  the license holder is given an opportunity to show compliance with all requirements of law for the retention of the license, at the license holder's option, either in writing or through personal appearance at an informal meeting with one or more representatives of the board.(b)  If the license holder chooses to personally appear and an informal meeting is held, the board's staff and the board's representatives are subject to the ex parte provisions of Chapter 2001, Government Code, with regard to contacts with board members and administrative law judges concerning the case.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 164.005 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle B - Physicians|Chapter 164 - Disciplinary Actions and Procedures|Subchapter A. General Provisions|Section 164.005. Initiation of Charges; Formal Complaint

Sec. 164.005.  INITIATION OF CHARGES;  FORMAL COMPLAINT.  (a)  In this section, "formal complaint" means a written statement made by a credible person that is filed and presented by a board representative charging a person with having committed an act that, if proven, could affect the legal rights or privileges of a license holder or other person under the board's jurisdiction.(b)  Unless otherwise specified, a proceeding under this subtitle or other applicable law and a charge against a license holder may be instituted by an authorized representative of the board.(c)  A charge must:(1)  be filed with the board's records custodian or assistant records custodian; and(2)  detail the nature of the charge as required by this subtitle or other applicable law.(d)  The board president or a designee shall ensure a copy of the charges is served on the respondent or the respondent's counsel of record.(e)  The president or designee shall notify the State Office of Administrative Hearings of a formal complaint.(f)  A formal complaint must allege with reasonable certainty each specific act relied on by the board to constitute a violation of a specific statute or rule.  The formal complaint must be specific enough to:(1)  enable a person of common understanding to know what is meant by the formal complaint;  and(2)  give the person who is the subject of the formal complaint notice of each particular act alleged to be a violation of a specific statute or rule.(g)  The board shall adopt rules to promote discovery by each party to a contested case.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1231 (H.B. 1504), Sec. 12, eff. September 1, 2019.|
TX Occ Code § 164.006 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle B - Physicians|Chapter 164 - Disciplinary Actions and Procedures|Subchapter A. General Provisions|Section 164.006. Service of Notice

Sec. 164.006.  SERVICE OF NOTICE.  (a)  Notice to the respondent of a hearing about the charges against the person must be served:(1)  in accordance with Chapter 2001, Government Code; and(2)  by certified mail.(b)  If notice described by Subsection (a) is impossible or cannot be effected, the board shall publish once a week for two successive weeks a notice of the hearing in a newspaper published in the county of the last known place of practice in this state of the person, if known.(c)  If the license holder is not currently practicing in this state as evidenced by information in the board files, or if the last county of practice is unknown, the notice shall be published in a newspaper in Travis County.(d)  If publication of notice is used, the date of hearing may not be earlier than the 10th day after the date of the last publication.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1231 (H.B. 1504), Sec. 13, eff. September 1, 2019.|
TX Occ Code § 164.0071 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle B - Physicians|Chapter 164 - Disciplinary Actions and Procedures|Subchapter A. General Provisions|Section 164.0071. Hearings on Certain Complaints

Sec. 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 board shall provide evidence from the board's investigation that shows the basis for the board's findings required by that subdivision.(b)  In any formal hearing described by Section 164.007, information obtained as a result of peer review may not be used as evidence except as the basis for the opinion of an expert witness called by the board.  When admitted into evidence, this information shall be admitted under seal to protect the confidentiality of the documents.  In the event that a decision of the board or the State Office of Administrative Hearings is appealed to a district court or other court, the confidentiality protections relating to the medical peer review committee documents shall continue.(c)  A member of a peer review committee is not subject to subpoena and may not be compelled to provide evidence in a formal hearing.|Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 1.41, eff. September 1, 2005.|
TX Occ Code § 164.0072 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle B - Physicians|Chapter 164 - Disciplinary Actions and Procedures|Subchapter A. General Provisions|Section 164.0072. Board Appeal of Findings of Fact and Conclusions of Law

Sec. 164.0072.  BOARD APPEAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW.  (a)  The board may, before disposing of a contested case by issuing a final order, obtain judicial review of any finding of fact or conclusion of law issued by the administrative law judge by filing suit in a Travis County district court not later than the 30th day after the date the findings of fact and conclusions of law are issued. (b)  The board shall join in a suit filed under this section the respondent in the contested case for which the board seeks to obtain judicial review.(c)  The scope of judicial review under this section is the same as the scope of judicial review provided for an appeal under Section 164.009.(d)  After the court issues a final order in a suit filed under this section, the board shall dispose of the contested case by issuing a final order based on the court's final order.  The respondent may not appeal a sanction ordered by the board unless the sanction exceeds the board's published sanctions guidelines.|Added by Acts 2019, 86th Leg., R.S., Ch. 1231 (H.B. 1504), Sec. 15, eff. September 1, 2019.|
TX Occ Code § 164.008 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle B - Physicians|Chapter 164 - Disciplinary Actions and Procedures|Subchapter A. General Provisions|Section 164.008. Right to Counsel

Sec. 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., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 164.009 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle B - Physicians|Chapter 164 - Disciplinary Actions and Procedures|Subchapter A. General Provisions|Section 164.009. Judicial Review

Sec. 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 Travis County district court not later than the 30th day after the date the board decision is final.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 164.010 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle B - Physicians|Chapter 164 - Disciplinary Actions and Procedures|Subchapter A. General Provisions|Section 164.010. Monitoring of License Holder

Sec. 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 of disciplinary action.(b)  Rules adopted under this section must include procedures to:(1)  monitor for compliance a license holder ordered by the board to perform certain acts;  and(2)  identify and monitor license holders who are the subject of disciplinary action and who present a continuing threat to the public welfare through the practice of medicine.(c)  The board shall immediately investigate:(1)  a violation of a disciplinary order by a license holder described by Subsection (a);  or(2)  a complaint filed against a license holder described by Subsection (a).|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 202, Sec. 29, eff. June 10, 2003.|
TX Occ Code § 164.011 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle B - Physicians|Chapter 164 - Disciplinary Actions and Procedures|Subchapter A. General Provisions|Section 164.011. License Status Pending Appeal

Sec. 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 board.(b)  A person may not practice medicine or deliver health care services in violation of a disciplinary order or action of the board while an appeal is pending unless the order or action is stayed by the appropriate court.(c)  A stay or injunction may not be granted if the license holder's continued practice presents a danger to the public.  A stay or injunction may not be granted for a term that exceeds 120 days.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 202, Sec. 30, eff. June 10, 2003.|
TX Occ Code § 164.051 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle B - Physicians|Chapter 164 - Disciplinary Actions and Procedures|Subchapter B. License Denial and Disciplinary Actions|Section 164.051. Grounds for Denial or Disciplinary Action

Sec. 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 action against a person if the person:(1)  commits an act prohibited under Section 164.052;(2)  is convicted of, or is placed on deferred adjudication community supervision or deferred disposition for:(A)  a felony;  or(B)  a misdemeanor involving moral turpitude;(3)  commits or attempts to commit a direct or indirect violation of a rule adopted under this subtitle, either as a principal, accessory, or accomplice;(4)  is unable to practice medicine with reasonable skill and safety to patients because of:(A)  illness;(B)  drunkenness;(C)  excessive use of drugs, narcotics, chemicals, or another substance;  or(D)  a mental or physical condition;(5)  is found by a court judgment to be of unsound mind;(6)  fails to practice medicine in an acceptable professional manner consistent with public health and welfare;(7)  is removed, suspended, or is subject to disciplinary action taken by the person's peers in a local, regional, state, or national professional medical association or society, or is disciplined by a licensed hospital or medical staff of a hospital, including removal, suspension, limitation of hospital privileges, or other disciplinary action, if the board finds that the action:(A)  was based on unprofessional conduct or professional incompetence that was likely to harm the public;  and(B)  was appropriate and reasonably supported by evidence submitted to the board;(8)  is subject to repeated or recurring meritorious health care liability claims that in the board's opinion evidence professional incompetence likely to injure the public;  or(9)  except as provided by Subsection (d), holds a license to practice medicine subject to disciplinary action by another state, or subject to disciplinary action by the uniformed services of the United States, based on acts by the person that are prohibited under Section 164.052 or are similar to acts described by this subsection.(b)  Action taken by a professional medical association, society, or hospital medical staff under Subsection (a)(7) does not constitute state action.(c)  A certified copy of the record of another state that takes action described by Subsection (a)(9) or (d) is conclusive evidence of that action.(d)  The board shall revoke a license issued under this subtitle if the license holder held a license to practice medicine in another state that has been revoked by the licensing authority in that state.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 202, Sec. 31, eff. June 10, 2003.|
TX Occ Code § 164.053 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle B - Physicians|Chapter 164 - Disciplinary Actions and Procedures|Subchapter B. License Denial and Disciplinary Actions|Section 164.053. Unprofessional or Dishonorable Conduct

Sec. 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 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. Section 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. Section 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. Section 801 et seq.);(7)  violates Section 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.(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).|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.034(a), eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 202, Sec. 32, eff. June 10, 2003.|
TX Occ Code § 164.054 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle B - Physicians|Chapter 164 - Disciplinary Actions and Procedures|Subchapter B. License Denial and Disciplinary Actions|Section 164.054. Additional Requirements Regarding Drug Records

Sec. 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)  the date of purchase and the date of the sale or disposal of the drugs and controlled substances by the physician;(2)  the name and address of the person receiving the drugs or controlled substances;  and(3)  the reason for the disposing or dispensing of the drugs or controlled substances to the person.(b)  Failure to keep the records required by this section for a reasonable time constitutes grounds for revoking, canceling, suspending, or placing on probation the physician's license.(c)  The board or its representative may enter and inspect a physician's place of practice during reasonable business hours to:(1)  verify the accuracy of the records;  and(2)  perform an inventory of the prescription drugs on hand.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|