reglab/statecodes huggingface dataset:
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 164.0551. Compliance With Certain Requirements Regarding Sonogram Before Abortion

Sec. 164.0551.  COMPLIANCE WITH CERTAIN REQUIREMENTS REGARDING SONOGRAM BEFORE ABORTION.  A physician shall comply with Subchapter B, Chapter 171, Health and Safety Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 73 (H.B. 15), Sec. 11, eff. September 1, 2011.
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 164.0552. Prohibited Acts Regarding Gender Transitioning or Gender Reassignment Procedures and Treatments on Certain Children

Sec. 164.0552.  PROHIBITED ACTS REGARDING GENDER TRANSITIONING OR GENDER REASSIGNMENT PROCEDURES AND TREATMENTS ON CERTAIN CHILDREN.  (a)  The board shall revoke the license or other authorization to practice medicine of a physician who violates Section 161.702, Health and Safety Code.  The board shall refuse to admit to examination or refuse to issue a license or renewal license to a person who violates that section.
(b)  The sanctions provided by Subsection (a) are in addition to any other grounds for revocation of a license or other authorization to practice medicine or for refusal to admit persons to examination under this subtitle or to issue a license or renew a license to practice medicine under this subtitle.
Added by Acts 2023, 88th Leg., R.S., Ch. 335 (S.B. 14), Sec. 5, eff. September 1, 2023.
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 164.056. Physical or Mental Examination; Hearing

Sec. 164.056.  PHYSICAL OR MENTAL EXAMINATION;  HEARING.  (a)  In enforcing Section 164.051(a)(4), the board, on probable cause, shall request the affected physician or applicant to submit to a mental or physical examination by physicians designated by the board.  The board shall adopt guidelines, in conjunction with persons interested in or affected by this section, to enable the board to evaluate circumstances in which a physician or applicant may be required to submit to an examination for mental or physical health conditions, alcohol and substance abuse, or professional behavior problems.
(b)  If the affected physician refuses to submit to the examination, the board shall issue an order requiring the physician to show cause why the physician should not be required to submit to the examination and shall schedule a hearing on the order not later than the 30th day after the date on which notice is served on the physician.  The physician shall be notified by either personal service or certified mail with return receipt requested.
(c)  At the hearing, the physician and the physician's attorney are entitled to present testimony and other evidence showing that the physician should not be required to submit to the examination.  After a hearing, the board shall issue an order either requiring the physician to submit to the examination or withdrawing the request for examination.
(d)  The board shall refer a physician or applicant with a physical or mental health condition to the most appropriate medical specialist for evaluation.  The board may not require a physician or applicant to submit to an examination by a physician having a specialty specified by the board unless medically indicated.  The board may not require a physician or applicant to submit to an examination to be conducted an unreasonable distance from the person's home or place of business unless the physician or applicant resides and works in an area in which there are a limited number of physicians able to perform an appropriate examination.
(e)  The guidelines adopted under this section do not impair or remove the board's power to make an independent licensing decision.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 1.43, eff. September 1, 2005.
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 164.057. Required Suspension or Revocation of License for Certain Offenses

Sec. 164.057.  REQUIRED SUSPENSION OR REVOCATION OF LICENSE FOR CERTAIN OFFENSES.  (a)  The board shall suspend a physician's license on proof that the physician has been:
(1)  initially convicted of:
(A)  a felony;
(B)  a misdemeanor under Chapter 22, Penal Code, other than a misdemeanor punishable by fine only;
(C)  a misdemeanor on conviction of which a defendant is required to register as a sex offender under Chapter 62, Code of Criminal Procedure;
(D)  a misdemeanor under Section 25.07, Penal Code;  or
(E)  a misdemeanor under Section 25.071, Penal Code;  or
(2)  subject to an initial finding by the trier of fact of guilt of a felony under:
(A)  Chapter 481 or 483, Health and Safety Code;
(B)  Section 485.033, Health and Safety Code;  or
(C)  the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. Section 801 et seq.).
(b)  On final conviction for an offense described by Subsection (a), the board shall revoke the physician's license.
(c)  The board shall revoke the license of a physician placed on deferred adjudication community supervision for an offense under:
(1)  Section 22.011(a)(2), Penal Code (sexual assault of a child);
(2)  Section 22.021(a)(1)(B), Penal Code (aggravated sexual assault of a child); or
(3)  Section 21.11, Penal Code (indecency with a child).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 202, Sec. 33, eff. June 10, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 883 (S.B. 263), Sec. 1, eff. September 1, 2011.
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 164.058. Required Suspension of License of Incarcerated Physician

Sec. 164.058.  REQUIRED SUSPENSION OF LICENSE OF INCARCERATED PHYSICIAN.  Regardless of the offense, the board shall suspend the license of a physician serving a prison term in a state or federal penitentiary during the term of the incarceration.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
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 164.0595. Temporary Suspension or Restriction of License for Certain Arrests

Sec. 164.0595.  TEMPORARY SUSPENSION OR RESTRICTION OF LICENSE FOR CERTAIN ARRESTS.
(a)  A disciplinary panel appointed under Section 164.059 may suspend or restrict the license of a person arrested for an offense under:
(1)  Chapter 19, Penal Code (criminal homicide);
(2)  Chapter 20A, Penal Code (trafficking of persons); or
(3)  Chapter 21 or 22, Penal Code (sexual or assaultive offenses), if the offense is:
(A)  sexual, lewd, or indecent in nature;
(B)  not a misdemeanor punishable by fine only; and
(C)  committed against:
(i)  a patient of the license holder;
(ii)  a child;
(iii)  an elderly individual; or
(iv)  an individual with a disability.
(b)  Before suspending or restricting a license under this section, the disciplinary panel must determine that the person arrested for an offense listed in Subsection (a) is the same person who holds a license issued by the board.
(c)  A suspension or restriction under this section remains in effect until the final disposition of the case.
(d)  Sections 164.059(c), (d), (e), (f), and (g) apply to a suspension or restriction under this section.
(e)  The board shall adopt rules to implement this section, including rules regarding evidence that serves as proof of final disposition of a case.
Added by Acts 2011, 82nd Leg., R.S., Ch. 883 (S.B. 263), Sec. 2, eff. September 1, 2011.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 221 (H.B. 375), Sec. 2.23, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 827 (H.B. 1998), Sec. 11, eff. September 1, 2023.
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 164.060. Report of Board Actions

Sec. 164.060.  REPORT OF BOARD ACTIONS.  (a)  Not later than the first working day after the date a board order is issued taking disciplinary action against a physician, the board shall report the action to the appropriate health care facilities and hospitals, if known by the board.
(b)  Not later than the 30th day after the date the board takes disciplinary action against a physician, the board shall report that action, in writing, to:
(1)  the appropriate health care facilities and hospitals, if not previously notified in writing;
(2)  professional societies of physicians in this state;
(3)  the entity responsible for the administration of Medicare and Medicaid in this state;
(4)  the United States Secretary of Health and Human Services or the secretary's designee;  and
(5)  the complainant.
(c)  If the board, during its review of a complaint against a physician, discovers an act or omission that may constitute a felony, a misdemeanor involving moral turpitude, a violation of state or federal narcotics or controlled substance laws, an offense involving fraud or abuse under the Medicare or Medicaid programs, or a violation of the workers' compensation laws under Subtitle A, Title 5, Labor Code, the board shall immediately report that act or omission to the appropriate prosecuting and regulatory authorities.
(d)  Notwithstanding Subsection (c), the board may exercise discretion in the case of an impaired physician who is actively participating in board-approved or sanctioned care, counseling, or treatment.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 202, Sec. 35, eff. June 10, 2003.
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 164.061. Surrender of License

Sec. 164.061.  SURRENDER OF LICENSE.  (a)  The board may accept the voluntary surrender of a license.
(b)  A surrendered license may not be returned unless the board determines, under board rules, that the license holder is competent to resume practice.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 164 - Disciplinary Actions and Procedures › Subchapter C. Probation of License › Section 164.101. Probation

Sec. 164.101.  PROBATION.  (a)  The board on majority vote may probate an order canceling, revoking, or suspending a license or imposing any other method of discipline if the probationer conforms to each order, condition, and rule the board establishes as a term of probation.
(b)  At the time probation is granted the board shall establish the term of the probationary period.
(c)  If a license suspension is probated, the board may require the license holder to:
(1)  report regularly to the board on matters that are the basis of the probation;
(2)  limit practice to the areas prescribed by the board;  or
(3)  continue or review continuing professional education until the license holder attains a degree of skill satisfactory to the board in the areas that are the basis of the probation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 164 - Disciplinary Actions and Procedures › Subchapter C. Probation of License › Section 164.102. Persons Ineligible for Probation

Sec. 164.102.  PERSONS INELIGIBLE FOR PROBATION.  (a)  The board may not grant probation to a physician who constitutes, through the practice of medicine, a continuing threat to the public welfare.
(b)  Except on an express determination, based on substantial evidence, that granting probation is in the best interests of the public and of the person whose license has been suspended, revoked, or canceled, the board may not grant probation to a person whose license has been canceled, revoked, or suspended because of a felony conviction under:
(1)  Chapter 481 or 483, Health and Safety Code;
(2)  Section 485.033, Health and Safety Code;
(3)  the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. Section 801 et seq.); or
(4)  any of the following sections of the Penal Code:
(A)  Section 22.011(a)(2) (sexual assault of a child);
(B)  Section 22.021(a)(1)(B) (aggravated sexual assault of a child);
(C)  Section 21.02 (continuous sexual abuse of young child or disabled individual); or
(D)  Section 21.11 (indecency with a child).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 883 (S.B. 263), Sec. 3, eff. September 1, 2011.
Acts 2021, 87th Leg., R.S., Ch. 221 (H.B. 375), Sec. 2.24, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 164 - Disciplinary Actions and Procedures › Subchapter C. Probation of License › Section 164.103. Rescission of Probation

Sec. 164.103.  RESCISSION OF PROBATION.  (a)  At any time during a probation term, on a showing of adequate grounds, the board may hold a hearing and, on proof of a violation of the probation order, may:
(1)  rescind the probation and enforce the board's original order;  and
(2)  impose any disciplinary action permitted under Section 164.001 in addition to or instead of enforcing the original order.
(b)  The board shall revoke or suspend a probationer's license if the board determines that the probationer constitutes, through the practice of medicine, a continuing threat to the public welfare.
(c)  A hearing to rescind probation is subject to the requirements established under this chapter for other charges.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 164 - Disciplinary Actions and Procedures › Subchapter D. License Reinstatement › Section 164.151. Application for License Reinstatement

Sec. 164.151.  APPLICATION FOR LICENSE REINSTATEMENT.  (a)  On application, the board may reissue a license to practice medicine to a person whose license has been canceled, revoked, or suspended.
(b)  The application must be:
(1)  accompanied by the fees set by the board;  and
(2)  made in the manner and form and under the conditions required by the board.
(c)  In addition to the other requirements imposed under this subchapter, to be eligible for reinstatement or reissuance of a license an applicant must prove that the reinstatement or reissuance is in the best interests of:
(1)  the public;  and
(2)  the person whose license has been canceled, revoked, or suspended.
(d)  A decision by the board to deny an application to reinstate or reissue a license is subject to judicial review in the manner provided by Section 164.009.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 164 - Disciplinary Actions and Procedures › Subchapter D. License Reinstatement › Section 164.152. Application Period

Sec. 164.152.  APPLICATION PERIOD.  (a)  A person may not apply for reinstatement of a license that was revoked before the first anniversary of the date on which the revocation was issued or became final.
(b)  If the board denies the application for reinstatement, the applicant may not reapply more frequently than annually.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 164 - Disciplinary Actions and Procedures › Subchapter D. License Reinstatement › Section 164.153. Certain Persons Ineligible for Reinstatement

Sec. 164.153.  CERTAIN PERSONS INELIGIBLE FOR REINSTATEMENT.  Except on an express determination based on substantial evidence contained in an investigative report indicating that reinstatement or reissue of the license is in the best interests of the public and of the person whose license has been canceled, revoked, or suspended, the board may not reinstate or reissue a license to a person whose license has been canceled, revoked, or suspended because of a felony conviction under:
(1)  Chapter 481 or 483, Health and Safety Code;
(2)  Section 485.033, Health and Safety Code;  or
(3)  the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. Section 801 et seq.).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 164 - Disciplinary Actions and Procedures › Subchapter D. License Reinstatement › Section 164.154. Effect of License Reinstatement on Certain Prosecutions or Penalties

Sec. 164.154.  EFFECT OF LICENSE REINSTATEMENT ON CERTAIN PROSECUTIONS OR PENALTIES.  If a physician has had charges filed against the physician during a period in which the physician's license was not in force or was suspended, revoked, or canceled, or if penalties have been incurred by the physician during that period, the reinstatement of the physician's license does not abate the prosecution or penalties.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 164 - Disciplinary Actions and Procedures › Subchapter E. Other Actions › Section 164.201. Review by Board if Three or More Malpractice Claims

Sec. 164.201.  REVIEW BY BOARD IF THREE OR MORE MALPRACTICE CLAIMS.  The board shall review the medical competency of a physician against whom three or more expert reports under Section 74.351, Civil Practice and Remedies Code, have been filed in three separate lawsuits within a five-year period in the same manner as if a complaint against the physician had been made to the board under Section 154.051.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 202, Sec. 36, eff. June 10, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 141 (H.B. 744), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 164 - Disciplinary Actions and Procedures › Subchapter E. Other Actions › Section 164.206. Refund

Sec. 164.206.  REFUND.  (a)  Subject to Subsection (b), the board may order a license holder to pay a refund to a consumer as provided in an agreement resulting from an informal settlement conference instead of or in addition to imposing an administrative penalty under Chapter 165.
(b)  The amount of a refund ordered as provided in an agreement resulting from an informal settlement conference may not exceed the amount the consumer paid to the license holder for a service regulated by this subtitle.  The board may not require payment of other damages or estimate harm in a refund order.
Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 1.46, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 165 - Penalties › Subchapter A. Administrative Penalties › Section 165.001. Imposition of Administrative Penalty

Sec. 165.001.  IMPOSITION OF ADMINISTRATIVE PENALTY.  The board by order may impose an administrative penalty against a person licensed or regulated under this subtitle who violates this subtitle or a rule or order adopted under this subtitle.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 165 - Penalties › Subchapter A. Administrative Penalties › Section 165.002. Procedure

Sec. 165.002.  PROCEDURE.  (a)  The board by rule shall prescribe the procedure by which it may impose an administrative penalty.
(b)  A proceeding under this subchapter is subject to Chapter 2001, Government Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.035, eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 165 - Penalties › Subchapter A. Administrative Penalties › Section 165.003. Amount of Penalty

Sec. 165.003.  AMOUNT OF PENALTY.  (a)  The amount of an administrative penalty may not exceed $5,000 for each violation.  Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.
(b)  The amount of the penalty shall be based on:
(1)  the seriousness of the violation, including:
(A)  the nature, circumstances, extent, and gravity of any prohibited act;  and
(B)  the hazard or potential hazard created to the health, safety, or economic welfare of the public;
(2)  the economic harm to property or the environment caused by the violation;
(3)  the history of previous violations;
(4)  the amount necessary to deter a future violation;
(5)  efforts to correct the violation;  and
(6)  any other matter that justice may require.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 165 - Penalties › Subchapter A. Administrative Penalties › Section 165.004. Notice of Violation and Penalty

Sec. 165.004.  NOTICE OF VIOLATION AND PENALTY.  (a)  If the board by order determines that a violation has occurred and imposes an administrative penalty, the board shall notify the affected person of the board's order.
(b)  The notice must include a statement of the right of the person to judicial review of the order.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 165 - Penalties › Subchapter A. Administrative Penalties › Section 165.005. Options Following Decision: Pay or Appeal

Sec. 165.005.  OPTIONS FOLLOWING DECISION:  PAY OR APPEAL.  (a)  Not later than the 30th day after the date the board's order imposing the administrative penalty is final, the person shall:
(1)  pay the penalty;
(2)  pay the penalty and file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both;  or
(3)  without paying the penalty, file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both.
(b)  Within the 30-day period, a person who acts under Subsection (a)(3) may:
(1)  stay enforcement of the penalty by:
(A)  paying the penalty to the court for placement in an escrow account;  or
(B)  giving to the court a supersedeas bond approved by the court for the amount of the penalty and that is effective until all judicial review of the board's order is final;  or
(2)  request the court to stay enforcement of the penalty by:
(A)  filing with the court an affidavit of the person stating that the person is financially unable to pay the penalty and is financially unable to give the supersedeas bond;  and
(B)  giving a copy of the affidavit to the executive director by certified mail.
(c)  If the executive director receives a copy of an affidavit under Subsection (b)(2), the executive director may file with the court a contest to the affidavit not later than the fifth day after the date the copy is received.
(d)  The court shall hold a hearing on the facts alleged in the affidavit as soon as practicable and shall stay the enforcement of the penalty on finding that the alleged facts are true.  The person who files an affidavit has the burden of proving that the person is financially unable to pay the penalty and to give a supersedeas bond.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 165 - Penalties › Subchapter A. Administrative Penalties › Section 165.006. Collection of Penalty

Sec. 165.006.  COLLECTION OF PENALTY.  If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the executive director may refer the matter to the attorney general for collection of the penalty.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 165 - Penalties › Subchapter A. Administrative Penalties › Section 165.007. Determination by Court

Sec. 165.007.  DETERMINATION BY COURT.  (a)  If on appeal the court sustains the determination that a violation occurred, the court may uphold or reduce the amount of the administrative penalty and order the person to pay the full or reduced penalty.
(b)  If the court does not sustain the determination that a violation occurred, the court shall order that a penalty is not owed.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 165 - Penalties › Subchapter A. Administrative Penalties › Section 165.008. Remittance of Penalty and Interest

Sec. 165.008.  REMITTANCE OF PENALTY AND INTEREST.  (a)  If after judicial review, the administrative penalty is reduced or not imposed by the court, the court shall, after the judgment becomes final:
(1)  order that the appropriate amount, plus accrued interest, be remitted to the person if the person paid the penalty;  or
(2)  order the release of the bond in full if the penalty is not imposed or order the release of the bond after the person pays the penalty imposed if the person posted a supersedeas bond.
(b)  The interest paid under Subsection (a)(1) is the rate charged on loans to depository institutions by the New York Federal Reserve Bank.  The interest is paid for the period beginning on the date the penalty is paid and ending on the date the penalty is remitted.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 165 - Penalties › Subchapter B. Injunctive Relief and Other Enforcement Provisions › Section 165.051. Injunction Authority

Sec. 165.051.  INJUNCTION AUTHORITY.  In addition to any other action authorized by law, the board may institute an action in its own name to enjoin a violation of this subtitle.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 165 - Penalties › Subchapter B. Injunctive Relief and Other Enforcement Provisions › Section 165.052. Cease and Desist Order

Sec. 165.052.  CEASE AND DESIST ORDER.  (a)  If it appears to the board that a person who is not licensed under this subtitle is violating this subtitle, a rule adopted under this subtitle, or another state statute or rule relating to the practice of medicine, the board after notice and opportunity for a hearing may issue a cease and desist order prohibiting the person from engaging in the activity.
(b)  A violation of an order under this section constitutes grounds for imposing an administrative penalty under this chapter.
Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 1.48, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 165 - Penalties › Subchapter C. Civil Penalties › Section 165.101. Civil Penalty

Sec. 165.101.  CIVIL PENALTY.  (a)  If it appears that a person is in violation of or is threatening to violate this subtitle or a rule or order adopted by the board, the attorney general may institute an action for a civil penalty of $1,000 for each violation.
(b)  Each day a violation continues constitutes a separate violation.
(c)  An action filed under this section must be filed in a district court in Travis County or the county in which the violation occurred.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 165 - Penalties › Subchapter C. Civil Penalties › Section 165.102. Limitation on Civil Penalty

Sec. 165.102.  LIMITATION ON CIVIL PENALTY.  The attorney general may not institute an action for a civil penalty against a person described by Section 151.053 or 151.054 if the person is not in violation of or threatening to violate this subtitle or a rule or order adopted by the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 165 - Penalties › Subchapter C. Civil Penalties › Section 165.103. Recovery of Expenses by Attorney General; Deposit

Sec. 165.103.  RECOVERY OF EXPENSES BY ATTORNEY GENERAL;  DEPOSIT.  (a)  The attorney general may recover reasonable expenses incurred in obtaining a civil penalty under this subchapter, including:
(1)  court costs;
(2)  reasonable attorney's fees;
(3)  investigative costs;
(4)  witness fees;  and
(5)  deposition expenses.
(b)  A civil penalty recovered by the attorney general under this subchapter shall be deposited in the general revenue fund.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 165 - Penalties › Subchapter D. Criminal Penalties › Section 165.151. General Criminal Penalty

Sec. 165.151.  GENERAL CRIMINAL PENALTY.  (a)  A person commits an offense if the person violates this subtitle or a rule of the board.
(b)  If another penalty is not specified for the offense, an offense under this section is a Class A misdemeanor.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 165 - Penalties › Subchapter D. Criminal Penalties › Section 165.152. Practicing Medicine in Violation of Subtitle

Sec. 165.152.  PRACTICING MEDICINE IN VIOLATION OF SUBTITLE.  (a)  A person commits an offense if the person practices medicine in this state in violation of this subtitle.
(b)  Each day a violation continues constitutes a separate offense.
(c)  An offense under Subsection (a) is a felony of the third degree.
(d)  On final conviction of an offense under this section, a person forfeits all rights and privileges conferred by virtue of a license issued under this subtitle.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 202, Sec. 37, eff. June 10, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 165 - Penalties › Subchapter D. Criminal Penalties › Section 165.153. Criminal Penalties for Additional Harm

Sec. 165.153.  CRIMINAL PENALTIES FOR ADDITIONAL HARM.  (a)  A person commits an offense if the person practices medicine without a license or permit and causes another person:
(1)  physical or psychological harm;  or
(2)  financial harm.
(b)  An offense under Subsection (a)(1) is a felony of the third degree.
(c)  An offense under Subsection (a)(2) is a state jail felony.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 165 - Penalties › Subchapter D. Criminal Penalties › Section 165.1535. Performing Surgery While Intoxicated

Sec. 165.1535.  PERFORMING SURGERY WHILE INTOXICATED.  (a)  In this section, "intoxicated" has the meaning assigned by Section 49.01, Penal Code.
(b)  A person commits an offense if the person is licensed or regulated under this subtitle, performs surgery on a patient while intoxicated, and, by reason of that conduct, places the patient at a substantial and unjustifiable risk of harm.
(c)  An offense under this section is a state jail felony.
(d)  It is an affirmative defense to prosecution under this section that the actor performed the surgery in an emergency.  In this subsection, "emergency" means a condition or circumstance in which a reasonable person with education and training similar to that of the actor would assume that the person on whom the surgery was performed was in imminent danger of serious bodily injury or death.
Added by Acts 2003, 78th Leg., ch. 565, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 165 - Penalties › Subchapter D. Criminal Penalties › Section 165.154. False Statement; Offense

Sec. 165.154.  FALSE STATEMENT; OFFENSE.  (a)  A person commits an offense if the person knowingly makes a false statement:
(1)  in the person's application for a license; or
(2)  under oath to obtain a license or to secure the registration of a license to practice medicine.
(b)  An offense under this section is a Class A misdemeanor unless the actor's intent is to defraud or harm another, in which event the offense is a state jail felony.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 827 (H.B. 1998), Sec. 12, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 165 - Penalties › Subchapter D. Criminal Penalties › Section 165.155. Solicitation of Patients; Penalty

Sec. 165.155.  SOLICITATION OF PATIENTS;  PENALTY.  (a)  A physician commits an offense if the physician employs or agrees to employ, pays or promises to pay, or rewards or promises to reward any person, firm, association, partnership, or corporation for securing or soliciting a patient or patronage.
(b)  Each payment, reward, or fee or agreement to pay or accept a reward or fee constitutes a separate offense.
(c)  A physician commits an offense if the physician accepts or agrees to accept a payment or other thing of value for securing or soliciting patronage for another physician.
(d)  This section does not prohibit advertising except that which:
(1)  is false, misleading, or deceptive;  or
(2)  advertises professional superiority or the performance of professional service in a superior manner and which is not readily subject to verification.
(e)  An offense under this section is a Class A misdemeanor.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 165 - Penalties › Subchapter D. Criminal Penalties › Section 165.156. Misrepresentation Regarding Entitlement to Practice Medicine

Sec. 165.156.  MISREPRESENTATION REGARDING ENTITLEMENT TO PRACTICE MEDICINE.  A person, partnership, trust, association, or corporation commits an offense if the person, partnership, trust, association, or corporation, through the use of any letters, words, or terms affixed on stationery or on advertisements, or in any other manner, indicates that the person, partnership, trust, association, or corporation is entitled to practice medicine if the person, partnership, trust, association, or corporation is not licensed to do so.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 165 - Penalties › Subchapter D. Criminal Penalties › Section 165.157. Duty to Assist in Certain Prosecutions

Sec. 165.157.  DUTY TO ASSIST IN CERTAIN PROSECUTIONS.  (a)  The board and the board's employees shall assist the local prosecuting officers of each county in the enforcement of:
(1)  state laws prohibiting the unlawful practice of medicine;
(2)  this subtitle;  and
(3)  other matters.
(b)  Except as otherwise provided by law, a prosecution is subject to the direction and control of the prosecuting officers.  This subtitle does not deprive those officers of any authority vested by law.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 165 - Penalties › Subchapter D. Criminal Penalties › Section 165.158. Unauthorized Release of Confidential Information

Sec. 165.158.  UNAUTHORIZED RELEASE OF CONFIDENTIAL INFORMATION.  (a)  A person commits an offense if the person unlawfully discloses confidential information described by Section 160.006 that is possessed by the board.
(b)  An offense under this section is a Class A misdemeanor.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 165 - Penalties › Subchapter D. Criminal Penalties › Section 165.159. Practicing Medicine Without Registration

Sec. 165.159.  PRACTICING MEDICINE WITHOUT REGISTRATION.  (a)  A person commits an offense if the person practices medicine without complying with the registration requirements imposed by this subtitle.
(b)  An offense under Subsection (a) constitutes the offense of practicing medicine without a license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 165 - Penalties › Subchapter D. Criminal Penalties › Section 165.160. Effect on Criminal Prosecution

Sec. 165.160.  EFFECT ON CRIMINAL PROSECUTION.  This subtitle does not bar a criminal prosecution for a violation of this subtitle or a rule adopted under this subtitle.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 166 - Billing of Anatomic Pathology Services › Section 166.001. Definition

Sec. 166.001.  DEFINITION.  In this chapter, "anatomic pathology services" means:
(1)  histopathology or surgical pathology, which is the gross and microscopic examination and histologic processing of organ tissue performed by a physician or under the supervision of a physician;
(2)  cytopathology, which is the microscopic examination of cells from the following:
(A)  fluids;
(B)  aspirates;
(C)  washings;
(D)  brushings; or
(E)  smears, including a Pap smear, performed by a physician or under the supervision of a physician;
(3)  hematology, which is the microscopic evaluation of bone marrow aspirates and biopsies performed by a physician, or under the supervision of a physician, and peripheral blood smears when the attending or treating physician or technologist requests that a blood smear be reviewed by a pathologist;
(4)  sub-cellular pathology and molecular pathology; or
(5)  a blood-banking service performed by a pathologist.
Added by Acts 2007, 80th Leg., R.S., Ch. 144 (S.B. 1832), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 166 - Billing of Anatomic Pathology Services › Section 166.002. Anatomic Pathology Billing

Sec. 166.002.  ANATOMIC PATHOLOGY BILLING.  Notwithstanding any other law, a person, including a physician and an entity, violates this subtitle and is subject to disciplinary action and penalties under this subtitle if the person:
(1)  does not directly supervise or perform anatomic pathology services for a patient; and
(2)  fails to disclose in the bill presented by the person to the patient or the insurer or other third party payor, or in an itemized statement to the patient:
(A)  the name and address of the physician or laboratory that provided the anatomic pathology services; and
(B)  the net amount paid or to be paid for each anatomic pathology service provided to the patient by the physician or laboratory.
Added by Acts 2007, 80th Leg., R.S., Ch. 144 (S.B. 1832), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 167 - Texas Physician Health Program › Section 167.001. Definitions

Sec. 167.001.  DEFINITIONS.  In this chapter:
(1)  "Committee" means the Physician Health and Rehabilitation Advisory Committee established under this chapter.
(2)  "Governing board" means the governing board of the program.
(3)  "Medical director" means a person appointed under Section 167.002 to oversee the program.
(4)  "Physician assistant board" means the Texas Physician Assistant Board established under Chapter 204.
(5)  "Program" means the Texas Physician Health Program established under this chapter.
(6)  "Program participant" means a physician or physician assistant who receives services under the program.
Added by Acts 2009, 81st Leg., R.S., Ch. 1345 (S.B. 292), Sec. 2(a), eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 167 - Texas Physician Health Program › Section 167.002. Medical Director

Sec. 167.002.  MEDICAL DIRECTOR.  (a)  The board shall appoint a medical director for the program.
(b)  The medical director must:
(1)  be a physician licensed by the board; and
(2)  have expertise in a field of medicine relating to disorders commonly affecting physicians or physician assistants, including substance abuse disorders.
(c)  The medical director shall provide clinical and policy oversight for the program.
Added by Acts 2009, 81st Leg., R.S., Ch. 1345 (S.B. 292), Sec. 2(a), eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 167 - Texas Physician Health Program › Section 167.003. Governing Board

Sec. 167.003.  GOVERNING BOARD.  (a)  The president of the board shall appoint persons to serve on the governing board of the program.  The appointees shall include physicians, physician assistants, and other related professionals with experience addressing health conditions commonly found in the population of monitored physicians or physician assistants.
(b)  The governing board shall:
(1)  provide advice and counsel to the board; and
(2)  establish policy and procedures for the operation and administration of the program.
(c)  The board, with the advice and in consultation with the physician assistant board and Texas-based professional associations of physicians and physician assistants, shall adopt rules relating to the appointment of members to the governing board, including length of terms, procedures for filling a vacancy, and conflict-of-interest provisions.
Added by Acts 2009, 81st Leg., R.S., Ch. 1345 (S.B. 292), Sec. 2(a), eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 167 - Texas Physician Health Program › Section 167.004. Physician Health and Rehabilitation Advisory Committee

Sec. 167.004.  PHYSICIAN HEALTH AND REHABILITATION ADVISORY COMMITTEE.  (a)  The governing board shall appoint physicians to the Physician Health and Rehabilitation Advisory Committee who have experience in disorders commonly affecting physicians or physician assistants.
(b)  The committee shall assist the governing board by making recommendations on the request of the governing board.
(c)  The board, with the advice and in consultation with the physician assistant board and Texas-based professional associations of physicians and physician assistants, shall adopt rules relating to the appointment of members to the committee, including length of terms, procedures for filling a vacancy, and conflict-of-interest provisions.
(d)  Chapter 2110, Government Code, does not apply to the committee.
Added by Acts 2009, 81st Leg., R.S., Ch. 1345 (S.B. 292), Sec. 2(a), eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 167 - Texas Physician Health Program › Section 167.005. Texas Physician Health Program

Sec. 167.005.  TEXAS PHYSICIAN HEALTH PROGRAM.  (a)  The Texas Physician Health Program is established to promote:
(1)  physician and physician assistant wellness; and
(2)  treatment of all health conditions that have the potential to compromise the physician's or physician assistant's ability to practice with reasonable skill and safety, including mental health issues, substance abuse issues, and addiction issues.
(b)  The program is a confidential, nondisciplinary therapeutic program for physicians and physician assistants.
(c)  The program is administratively attached to the board.
Added by Acts 2009, 81st Leg., R.S., Ch. 1345 (S.B. 292), Sec. 2(a), eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 167 - Texas Physician Health Program › Section 167.006. Rules

Sec. 167.006.  RULES.  The board, with the advice of and in consultation with the governing board, committee, and Texas-based professional associations of physicians and physician assistants, shall:
(1)  adopt rules and policies as necessary to implement the program, including:
(A)  policies for assessments under the program and guidelines for the validity of a referral to the program;
(B)  policies and guidelines for initial contacts used to determine if there is a need for a physician or physician assistant to complete a clinically appropriate evaluation or to enter treatment, including policies and guidelines for arrangements for that evaluation or treatment; and
(C)  policies and guidelines for interventions conducted under the program; and
(2)  define applicable guidelines for the management of substance abuse disorders, psychiatric disorders, and physical illnesses and impairments.
Added by Acts 2009, 81st Leg., R.S., Ch. 1345 (S.B. 292), Sec. 2(a), eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 167 - Texas Physician Health Program › Section 167.007. Operation of Program

Sec. 167.007.  OPERATION OF PROGRAM.  (a)  The program must include provisions for:
(1)  continuing care, monitoring, and case management of potentially impairing health conditions, including provisions for cooperation with the evaluating or treating facility;
(2)  ongoing monitoring for relapse, including random drug testing, consultations with other physician health and rehabilitation committees, work site monitors, and treating health professionals, including mental health professionals; and
(3)  other physician and physician assistant health and rehabilitation programs to operate under an agreement with the program, using established guidelines to ensure uniformity and credibility of services throughout this state.
(b)  The program must ensure appropriate communications with the board, the physician assistant board, other state licensing boards, and physician health and rehabilitation programs.
(c)  The program shall use physicians or other health care professional experts or consultants, as appropriate, when necessary to evaluate, recommend solutions for, or resolve a medical dispute.
Added by Acts 2009, 81st Leg., R.S., Ch. 1345 (S.B. 292), Sec. 2(a), eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 167 - Texas Physician Health Program › Section 167.008. Referrals to Program

Sec. 167.008.  REFERRALS TO PROGRAM.  (a)  The program shall accept a self-referral from a physician or physician assistant and referrals from an individual, a physician health and rehabilitation committee, a physician assistant organization, a state physician health program, a hospital or hospital system licensed in this state, a residency program, the board, or the physician assistant board.
(b)  A physician or physician assistant may refer the physician or physician assistant to the program.
(c)  The program may not accept a referral, except as provided by board rules, for a violation of the standard of care as a result of drugs or alcohol or boundary violations with a patient or a patient's family.
Added by Acts 2009, 81st Leg., R.S., Ch. 1345 (S.B. 292), Sec. 2(a), eff. September 1, 2009.