2023 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 164.052. Prohibited Practices by Physician or License Applicant

Sec. 164.052.  PROHIBITED PRACTICES BY PHYSICIAN OR LICENSE APPLICANT.  (a)  A physician or an applicant for a license to practice medicine commits a prohibited practice if that person:
(1)  submits to the board a false or misleading statement, document, or certificate in an application for a license;
(2)  presents to the board a license, certificate, or diploma that was illegally or fraudulently obtained;
(3)  commits fraud or deception in taking or passing an examination;
(4)  uses alcohol or drugs in an intemperate manner that, in the board's opinion, could endanger a patient's life;
(5)  commits unprofessional or dishonorable conduct that is likely to deceive or defraud the public, as provided by Section 164.053, or injure the public;
(6)  uses an advertising statement that is false, misleading, or deceptive;
(7)  advertises professional superiority or the performance of professional service in a superior manner if that advertising is not readily subject to verification;
(8)  purchases, sells, barters, or uses, or offers to purchase, sell, barter, or use, a medical degree, license, certificate, or diploma, or a transcript of a license, certificate, or diploma in or incident to an application to the board for a license to practice medicine;
(9)  alters, with fraudulent intent, a medical license, certificate, or diploma, or a transcript of a medical license, certificate, or diploma;
(10)  uses a medical license, certificate, or diploma, or a transcript of a medical license, certificate, or diploma that has been:
(A)  fraudulently purchased or issued;
(B)  counterfeited; or
(C)  materially altered;
(11)  impersonates or acts as proxy for another person in an examination required by this subtitle for a medical license;
(12)  engages in conduct that subverts or attempts to subvert an examination process required by this subtitle for a medical license;
(13)  impersonates a physician or permits another to use the person's license or certificate to practice medicine in this state;
(14)  directly or indirectly employs a person whose license to practice medicine has been suspended, canceled, or revoked;
(15)  associates in the practice of medicine with a person:
(A)  whose license to practice medicine has been suspended, canceled, or revoked; or
(B)  who has been convicted of the unlawful practice of medicine in this state or elsewhere;
(16)  performs or procures a criminal abortion, aids or abets in the procuring of a criminal abortion, attempts to perform or procure a criminal abortion, or attempts to aid or abet the performance or procurement of a criminal abortion;
(17)  directly or indirectly aids or abets the practice of medicine by a person, partnership, association, or corporation that is not licensed to practice medicine by the board;
(18)  performs an abortion on a woman who is pregnant with a viable unborn child during the third trimester of the pregnancy unless:
(A)  the abortion is necessary to prevent the death of the woman;
(B)  the viable unborn child has a severe, irreversible brain impairment; or
(C)  the woman is diagnosed with a significant likelihood of suffering imminent severe, irreversible brain damage or imminent severe, irreversible paralysis;
(19)  performs an abortion on an unemancipated minor without the written consent of the child's parent, managing conservator, or legal guardian or without a court order, as provided by Section 33.003 or 33.004, Family Code, unless the abortion is necessary due to a medical emergency, as defined by Section 171.002, Health and Safety Code;
(20)  otherwise performs an abortion on an unemancipated minor in violation of Chapter 33, Family Code;
(21)  performs or induces or attempts to perform or induce an abortion in violation of Subchapter C, F, or G, Chapter 171, Health and Safety Code;
(22)  in complying with the procedures outlined in Sections 166.045 and 166.046, Health and Safety Code, wilfully fails to make a reasonable effort to transfer a patient to a physician who is willing to comply with a directive;
(23)  performs or delegates to another individual the performance of a pelvic examination on an anesthetized or unconscious patient in violation of Section 167A.002, Health and Safety Code; or
(24)  performs a gender transitioning or gender reassignment procedure or treatment in violation of Section 161.702, Health and Safety Code.
(b)  For purposes of Subsection (a)(12), conduct that subverts or attempts to subvert the medical licensing examination process includes, as prescribed by board rules, conduct that violates:
(1)  the security of the examination materials;
(2)  the standard of test administration;  or
(3)  the accreditation process.
(c)  The board shall adopt the forms necessary for physicians to obtain the consent required for an abortion to be performed on an unemancipated minor under Subsection (a).  The form executed to obtain consent or any other required documentation must be retained by the physician until the later of the fifth anniversary of the date of the minor's majority or the seventh anniversary of the date the physician received or created the documentation for the record.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 1.42, eff. September 1, 2005.
Acts 2013, 83rd Leg., 2nd C.S., Ch. 1, Sec. 6, eff. October 29, 2013.
Acts 2015, 84th Leg., R.S., Ch. 436 (H.B. 3994), Sec. 13, eff. January 1, 2016.
Acts 2017, 85th Leg., R.S., Ch. 441 (S.B. 8), Sec. 14, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1231 (H.B. 1504), Sec. 16, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 251 (H.B. 1434), Sec. 2, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 335 (S.B. 14), Sec. 4, eff. September 1, 2023.