reglab/housing_qa huggingface dataset:
TX Occ Code § 206.252 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 206 - Surgical Assistants|Subchapter F. Scope of Practice|Section 206.252. Service Contracts

Sec. 206.252.  SERVICE CONTRACTS.  This chapter does not:(1)  limit the employment arrangement of a surgical assistant licensed under this chapter;(2)  require a surgeon or hospital to contract with a surgical assistant;(3)  authorize a health maintenance organization, preferred provider organization, or health benefit plan to require a surgeon to contract with a surgical assistant;  or(4)  require a hospital to use a licensed surgical assistant for surgical assisting.|Added by Acts 2001, 77th Leg., ch. 1014, Sec. 1, eff. Sept. 1, 2001.|
TX Occ Code § 206.2525 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 206 - Surgical Assistants|Subchapter F. Scope of Practice|Section 206.2525. Reimbursement for Services

Sec. 206.2525.  REIMBURSEMENT FOR SERVICES.  (a)  This chapter does not limit the way in which a surgical assistant licensed under this chapter may be reimbursed for services.(b)  A surgical assistant licensed under this chapter may directly bill a patient or third-party payor for services provided by the surgical assistant.|Added by Acts 2003, 78th Leg., ch. 886, Sec. 2, eff. Sept. 1, 2003.|
TX Occ Code § 206.253 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 206 - Surgical Assistants|Subchapter F. Scope of Practice|Section 206.253. Certain Prohibited Practices

Sec. 206.253.  CERTAIN PROHIBITED PRACTICES.  (a)  This chapter does not authorize a person who holds a license issued under this chapter to engage in the practice of:(1)  medicine, as defined by Subtitle B;  or(2)  nursing, as defined by Chapter 301.(b)  A health maintenance organization, preferred provider organization, or health benefit plan may not require a registered nurse or physician assistant to be licensed as a surgical assistant as a condition for reimbursement.(c)  A clinic, hospital, ambulatory surgical center, or other facility may not require a registered nurse or physician assistant to be licensed as a surgical assistant as a condition for assisting at surgery at the facility. |Added by Acts 2001, 77th Leg., ch. 1014, Sec. 1, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 2.016, eff. Feb. 1, 2004.|
TX Occ Code § 206.254 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 206 - Surgical Assistants|Subchapter F. Scope of Practice|Section 206.254. Establishment of Certain Functions and Standards

Sec. 206.254.  ESTABLISHMENT OF CERTAIN FUNCTIONS AND STANDARDS.  A surgical assistant and the surgical assistant's delegating physician shall ensure that:(1)  the surgical assistant's scope of function is identified;(2)  the delegation of medical tasks is appropriate to the surgical assistant's level of competence;(3)  the relationship between the surgical assistant and the delegating physician and the access of the surgical assistant to the delegating physician are defined;  and(4)  a process is established for evaluating the surgical assistant's performance.|Added by Acts 2001, 77th Leg., ch. 1014, Sec. 1, eff. Sept. 1, 2001.|
TX Occ Code § 206.301 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 206 - Surgical Assistants|Subchapter G. Disciplinary Proceedings|Section 206.301. Disciplinary Actions by the Medical Board

Sec. 206.301.  DISCIPLINARY ACTIONS BY THE MEDICAL BOARD.  (a)  Except as provided by Section 206.305, on a determination that an applicant or license holder committed an act described by Section 206.302, 206.303, or 206.304, the medical board by order shall take any of the following actions:(1)  deny the person's license application or revoke the person's license;(2)  require the person to submit to the care, counseling, or treatment of a health care practitioner designated by the medical board;(3)  stay enforcement of an order and place the person on probation;(4)  require the person to complete additional training;(5)  suspend, limit, or restrict the person's license, including:(A)  limiting the practice of the person to, or excluding from the person's practice, one or more specified activities of surgical assisting;  or(B)  stipulating periodic medical board review;(6)  assess an administrative penalty against the person as provided by Section 206.351;(7)  order the person to perform public service;  or(8)  administer a public reprimand.(b)  If the medical board stays enforcement of an order and places a person on probation, the medical board retains the right to vacate the probationary stay and enforce the original order for noncompliance with the terms of probation or impose any other remedial measure or sanction authorized by this section.(c)  The medical board may restore or reissue a license or remove any disciplinary or corrective measure that the medical board has imposed.|Added by Acts 2001, 77th Leg., ch. 1014, Sec. 1, eff. Sept. 1, 2001.|
TX Occ Code § 206.302 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 206 - Surgical Assistants|Subchapter G. Disciplinary Proceedings|Section 206.302. Conduct Related to Fraud or Misrepresentation

Sec. 206.302.  CONDUCT RELATED TO FRAUD OR MISREPRESENTATION.  The medical board may take action under Section 206.301 against an applicant or license holder who:(1)  fraudulently or deceptively obtains or attempts to obtain a license;(2)  fraudulently or deceptively uses a license;(3)  falsely represents that the person is a physician;(4)  acts in an unprofessional or dishonorable manner that is likely to deceive, defraud, or injure the public;(5)  fraudulently alters any surgical assistant license, certificate, or diploma;(6)  uses any surgical assistant license, certificate, or diploma that has been fraudulently purchased, issued, or counterfeited or that has been materially altered;(7)  directly or indirectly aids or abets the practice as a surgical assistant by any person not licensed by the medical board to practice as a surgical assistant;  or(8)  unlawfully advertises in a false, misleading, or deceptive manner as defined by Section 101.201.|Added by Acts 2001, 77th Leg., ch. 1014, Sec. 1, eff. Sept. 1, 2001.|
TX Occ Code § 206.303 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 206 - Surgical Assistants|Subchapter G. Disciplinary Proceedings|Section 206.303. Conduct Related to Violation of Law

Sec. 206.303.  CONDUCT RELATED TO VIOLATION OF LAW.  (a)  The medical board may take action under Section 206.301 against an applicant or license holder who:(1)  violates this chapter or a rule adopted under this chapter;(2)  is convicted of a felony, placed on deferred adjudication, or placed in a pretrial diversion program;  or(3)  violates state law if the violation is connected with practice as a surgical assistant.(b)  A complaint, indictment, or conviction of a law violation is not necessary for the medical board to act under Subsection (a)(3).  Proof of the commission of the act while in practice as a surgical assistant or under the guise of practice as a surgical assistant is sufficient for action by the medical board.|Added by Acts 2001, 77th Leg., ch. 1014, Sec. 1, eff. Sept. 1, 2001.|
TX Occ Code § 206.304 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 206 - Surgical Assistants|Subchapter G. Disciplinary Proceedings|Section 206.304. Conduct Indicating Lack of Fitness

Sec. 206.304.  CONDUCT INDICATING LACK OF FITNESS.  (a)  The medical board may take action under Section 206.301 against an applicant or license holder who:(1)  habitually uses drugs or intoxicating liquors to the extent that, in the medical board's opinion, the person cannot safely perform as a surgical assistant;(2)  has been adjudicated as mentally incompetent;(3)  has a mental or physical condition that renders the person unable to safely perform as a surgical assistant;(4)  has committed an act of moral turpitude;(5)  has failed to practice as a surgical assistant in an acceptable manner consistent with public health and welfare;(6)  has had the person's license or other authorization to practice as a surgical assistant suspended, revoked, or restricted;(7)  has had other disciplinary action taken by another state or by the uniformed services of the United States regarding practice as a surgical assistant;(8)  is removed or suspended or has disciplinary action taken by the person's peers in any professional association or society or is being disciplined by a licensed hospital or medical staff of a hospital, including removal, suspension, limitation of privileges, or other disciplinary action, if that action, in the opinion of the medical board, was based on unprofessional conduct or professional incompetence that was likely to harm the public;(9)  has repeated or recurring meritorious health care liability claims that, in the medical board's opinion, are evidence of professional incompetence likely to harm the public;  or(10)  sexually abuses or exploits another person during the license holder's practice as a surgical assistant.(b)  For the purpose of Subsection (a)(7), a certified copy of the record of the state or uniformed services of the United States taking the action constitutes conclusive evidence of that action.(c)  An action described by Subsection (a)(8) does not constitute state action on the part of the association, society, or hospital medical staff.|Added by Acts 2001, 77th Leg., ch. 1014, Sec. 1, eff. Sept. 1, 2001.|
TX Occ Code § 206.305 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 206 - Surgical Assistants|Subchapter G. Disciplinary Proceedings|Section 206.305. Rehabilitation Order

Sec. 206.305.  REHABILITATION ORDER.  (a)  The medical board, through an agreed order or after a contested case proceeding, may impose a rehabilitation order on an applicant, as a prerequisite for issuing a license, or on a license holder based on:(1)  the person's intemperate use of drugs or alcohol directly resulting from habituation or addiction caused by medical care or treatment provided by a physician;(2)  the person's intemperate use of drugs or alcohol during the five years preceding the date of the report that could adversely affect the person's ability to safely practice as a surgical assistant, if the person:(A)  reported the use;(B)  has not previously been the subject of a substance abuse related order of the medical board; and(C)  has not committed a violation of the standard of care as a result of the intemperate use of drugs or alcohol;(3)  a judgment by a court that the person is of unsound mind; or(4)  the results of a mental or physical examination, or an admission by the person, indicating that the person suffers from a potentially dangerous limitation or an inability to practice as a surgical assistant with reasonable skill and safety because of illness or any other physical or mental condition.(b)  The medical board may not issue an order under this section if, before the individual signs the proposed order, the board receives a valid complaint with regard to the individual based on the individual's intemperate use of drugs or alcohol in a manner affecting the standard of care.(c)  The medical board must determine whether an individual has committed a standard of care violation described by Subsection (a)(2) before imposing an order under this section.(d)  The medical board may disclose a rehabilitation order to a local or statewide private medical or surgical assistant association only as provided by Section 206.3075.|Added by Acts 2001, 77th Leg., ch. 1014, Sec. 1, eff. Sept. 1, 2001.Amended by: Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 4.04, eff. September 1, 2005.|
TX Occ Code § 206.306 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 206 - Surgical Assistants|Subchapter G. Disciplinary Proceedings|Section 206.306. Effect of Rehabilitation Order

Sec. 206.306.  EFFECT OF REHABILITATION ORDER.  (a)  A rehabilitation order imposed under Section 206.305 is a nondisciplinary private order.  If entered into by agreement, the order is an agreed disposition or settlement agreement for purposes of civil litigation and is exempt from Chapter 552, Government Code.(b)  The rehabilitation order must contain findings of fact and conclusions of law.  The order may impose a license revocation or suspension, a period of probation or restriction, or any other sanction authorized by this chapter or agreed to by the medical board and the person subject to the order.(c)  A violation of a rehabilitation order may result in disciplinary action under this chapter or under the terms of the agreed order.(d)  A violation of a rehabilitation order is grounds for disciplinary action based on:(1)  unprofessional or dishonorable conduct;  or(2)  any provision of this chapter that applies to the conduct that resulted in the violation.|Added by Acts 2001, 77th Leg., ch. 1014, Sec. 1, eff. Sept. 1, 2001.|
TX Occ Code § 206.307 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 206 - Surgical Assistants|Subchapter G. Disciplinary Proceedings|Section 206.307. Audit of Rehabilitation Order

Sec. 206.307.  AUDIT OF REHABILITATION ORDER.  (a)  The medical board shall maintain a rehabilitation order imposed under Section 206.305 in a confidential file.  The file is subject to an independent audit by the state auditor or a private auditor with whom the board contracts to perform the audit to ensure that only qualified license holders are subject to rehabilitation orders.(b)  An audit may be performed at any time at the direction of the medical board.  The medical board shall ensure that an audit is performed at least once in each three-year period.(c)  The audit results are a matter of public record and shall be reported in a manner that maintains the confidentiality of each license holder who is the subject of a rehabilitation order.|Added by Acts 2001, 77th Leg., ch. 1014, Sec. 1, eff. Sept. 1, 2001.|
TX Occ Code § 206.3075 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 206 - Surgical Assistants|Subchapter G. Disciplinary Proceedings|Section 206.3075. Responsibilities of Private Associations

Sec. 206.3075.  RESPONSIBILITIES OF PRIVATE ASSOCIATIONS.  (a)  If a rehabilitation order imposed under Section 206.305 requires a license holder to participate in activities or programs provided by a local or statewide private medical or surgical assistant association, the medical board shall inform the association of the license holder's duties under the order.  The information provided under this section must include specific guidance to enable the association to comply with any requirements necessary to assist in the surgical assistant's rehabilitation.(b)  The medical board may provide to the association any information that the board determines to be necessary, including a copy of the rehabilitation order.  Any information received by the association remains confidential, is not subject to discovery, subpoena, or other means of legal compulsion, and may be disclosed only to the medical board.|Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 4.05, eff. September 1, 2005.|
TX Occ Code § 206.308 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 206 - Surgical Assistants|Subchapter G. Disciplinary Proceedings|Section 206.308. Subpoena

Sec. 206.308.  SUBPOENA.  (a)  The executive director, the director's designee, or the secretary-treasurer of the board may issue a subpoena or subpoena duces tecum:(1)  to conduct an investigation or a contested case proceeding related to:(A)  alleged misconduct by a surgical assistant;(B)  an alleged violation of this chapter or another law related to the practice of a surgical assistant;  or(C)  the provision of health care under this chapter;(2)  for purposes of determining whether to issue, suspend, restrict, or revoke a license under this chapter;  or(3)  for purposes of determining whether to issue or deny a license under this chapter.(b)  Failure to timely comply with a subpoena issued under this section is a ground for:(1)  disciplinary action by the medical board or another licensing or regulatory agency with jurisdiction over the person subject to the subpoena;  and(2)  denial of a license application.|Added by Acts 2001, 77th Leg., ch. 1014, Sec. 1, eff. Sept. 1, 2001.|
TX Occ Code § 206.309 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 206 - Surgical Assistants|Subchapter G. Disciplinary Proceedings|Section 206.309. Protection of Patient Identity

Sec. 206.309.  PROTECTION OF PATIENT IDENTITY.  In a disciplinary investigation or proceeding conducted under this chapter, the medical board shall protect the identity of each patient whose medical records are examined and used in a public proceeding unless the patient:(1)  testifies in the public proceeding;  or(2)  submits a written release in regard to the patient's records or identity.|Added by Acts 2001, 77th Leg., ch. 1014, Sec. 1, eff. Sept. 1, 2001.|
TX Occ Code § 206.310 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 206 - Surgical Assistants|Subchapter G. Disciplinary Proceedings|Section 206.310. Rules for Disciplinary Proceedings

Sec. 206.310.  RULES FOR DISCIPLINARY PROCEEDINGS.  Rules of practice adopted under this chapter by the medical board under Section 2001.004, Government Code, applicable to the proceedings for a disciplinary action may not conflict with rules adopted by the State Office of Administrative Hearings.|Added by Acts 2001, 77th Leg., ch. 1014, Sec. 1, eff. Sept. 1, 2001.|
TX Occ Code § 206.311 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 206 - Surgical Assistants|Subchapter G. Disciplinary Proceedings|Section 206.311. Required Suspension of Incarcerated Surgical Assistant

Sec. 206.311.  REQUIRED SUSPENSION OF INCARCERATED SURGICAL ASSISTANT.  Regardless of the offense, the medical board shall suspend the license of a surgical assistant serving a prison term in a state or federal penitentiary during the term of the incarceration.|Added by Acts 2001, 77th Leg., ch. 1014, Sec. 1, eff. Sept. 1, 2001.|
TX Occ Code § 206.312 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 206 - Surgical Assistants|Subchapter G. Disciplinary Proceedings|Section 206.312. Temporary Suspension

Sec. 206.312.  TEMPORARY SUSPENSION.  (a)  The president of the medical board, with medical board approval, shall appoint a three-member disciplinary panel consisting of medical board members to determine whether a surgical assistant's license should be temporarily suspended.(b)  If the disciplinary panel determines from the evidence or information presented to the panel that a person licensed to practice as a surgical assistant would, by the person's continuation in practice, constitute a continuing threat to the public welfare, the disciplinary panel shall temporarily suspend the license of that person.(c)  A license may be suspended under this section without notice or hearing on the complaint if:(1)  institution of proceedings for a hearing before the medical board is initiated simultaneously with the temporary suspension;  and(2)  a hearing is held under Chapter 2001, Government Code, and this chapter as soon as possible.(d)  Notwithstanding Chapter 551, Government Code, the disciplinary panel may hold a meeting by telephone conference call if immediate action is required and convening the disciplinary panel at one location is inconvenient for any member of the panel.|Added by Acts 2001, 77th Leg., ch. 1014, Sec. 1, eff. Sept. 1, 2001.|
TX Occ Code § 206.313 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle C - Other Professions Performing Medical Procedures|Chapter 206 - Surgical Assistants|Subchapter G. Disciplinary Proceedings|Section 206.313. Informal Proceedings

Sec. 206.313.  INFORMAL PROCEEDINGS.  (a)  The medical board by rule shall adopt procedures under this chapter governing:(1)  informal disposition of a contested case under Section 2001.056, Government Code; and(2)  informal proceedings held in compliance with Section 2001.054, Government Code.(b)  Rules adopted under this section must require that:(1)  an informal meeting in compliance with Section 2001.054, Government Code, be scheduled not later than the 180th day after the date the medical board's official investigation of the complaint is commenced, unless good cause is shown by the board for scheduling the informal meeting after that date;(2)  the medical board give notice to the license holder of the time and place of the meeting not later than the 30th day before the date the meeting is held;(3)  the complainant and the license holder be provided an opportunity to be heard;(4)  at least one of the medical board members or district review committee members participating in the informal meeting as a panelist be a member who represents the public;(5)  the medical board's legal counsel or a representative of the attorney general be present to advise the medical board or the board's staff; and(6)  a member of the medical board's staff be at the meeting to present to the panel the facts the staff reasonably believes it could prove by competent evidence or qualified witnesses at a hearing.(c)  An affected surgical assistant is entitled, orally or in writing, to:(1)  reply to the staff's presentation; and(2)  present the facts the surgical assistant reasonably believes the surgical assistant could prove by competent evidence or qualified witnesses at a hearing.(d)  After ample time is given for the presentations, the medical board panel shall recommend that the investigation be closed or shall attempt to mediate the disputed matters and make a recommendation regarding the disposition of the case in the absence of a hearing under applicable law concerning contested cases.(e)  If the license holder has previously been the subject of disciplinary action by the medical board, the board shall schedule the informal meeting as soon as practicable but not later than the deadline prescribed by Subsection (b)(1).|Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 4.06, eff. September 1, 2005.|