Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 185 - PHYSICIAN ASSISTANTS › Section 185.17 - Grounds for Denial of Licensure and for Disciplinary Action

Current through Reg. 49, No. 28; July 12, 2024
The board may refuse to issue a license to any person and
				  may, following notice of hearing and a hearing as provided for in the APA, take
				  disciplinary action against any physician assistant who:
(1) fraudulently or deceptively obtains or
				attempts to obtain a license;
(2)
				fraudulently or deceptively uses a license;
(3) violates the Act, or any rules relating
				to the practice of a physician assistant;
(4) is convicted of a felony, or has
				imposition of deferred adjudication or pre-trial diversion;
(5) habitually uses drugs or intoxicating
				liqueurs to the extent that, in the opinion of the board, the person cannot
				safely perform as a physician assistant;
(6) has been adjudicated as mentally
				incompetent or has a mental or physical condition that renders the person
				unable to safely perform as a physician assistant;
(7) has committed an act of moral turpitude.
				An act involving moral turpitude shall be defined as an act involving baseness,
				vileness, or depravity in the private and social duties one owes to others or
				to society in general, or an act committed with knowing disregard for justice,
				honesty, principles, or good morals;
(8) represents that the person is a
				physician;
(9) has acted in an
				unprofessional or dishonorable manner which is likely to deceive, defraud, or
				injure any member of the public;
(10) has failed to practice as a physician
				assistant in an acceptable manner consistent with public health and
				welfare;
(11) has committed any act
				that is in violation of the laws of the State of Texas if the act is connected
				with practice as a physician assistant; a complaint, indictment, or conviction
				of a law violation is not necessary for the enforcement of this provision;
				proof of the commission of the act while in practice as a physician assistant
				or under the guise of practice as a physician assistant is sufficient for
				action by the board under this section;
(12) has had the person's license or other
				authorization to practice as a physician assistant suspended, revoked, or
				restricted or who has had other disciplinary action taken by another state
				regarding practice as a physician assistant or had disciplinary action taken by
				the uniformed services of the United States. A certified copy of the record of
				the state or uniformed services of the United States taking the action is
				conclusive evidence of it;
(13)
				fails to keep complete and accurate records of purchases and disposal of drugs
				listed in Chapter 483, Health and Safety Code, as required by Chapter 483,
				Health and Safety Code, or any subsequent rules. A failure to keep the records
				for a reasonable time is grounds for disciplinary action against the license of
				a physician assistant. The board or its representative may enter and inspect a
				physician assistant's place of practice during reasonable business hours for
				the purpose of verifying the correctness of these records and of taking
				inventory of the drugs on hand;
(14) writes a false or fictitious
				prescription for a scheduled or a dangerous drug as defined by Chapters 481 and
				483, Health and Safety Code;
(15)
				prescribes, dispenses, or administers a drug or treatment that is
				nontherapeutic in nature or nontherapeutic in the manner the drug or treatment
				is prescribed, dispensed, or administered;
(16) unlawfully advertises in a false,
				misleading, or deceptive manner. Advertisements shall be defined as false,
				misleading, or deceptive consistent with §
									101.201
				of the Texas Occupations Code;
(17)
				alters, with fraudulent intent, any physician assistant license, certificate,
				or diploma;
(18) uses any physician
				assistant license, certificate, or diploma that has been fraudulently
				purchased, issued, or counterfeited or that has been materially
				altered;
(19) aids or abets,
				directly or indirectly, the practice as a physician assistant by any person not
				duly licensed to practice as a physician assistant by the board;
(20) is removed or suspended or has
				disciplinary action taken by his peers in any professional association or
				society, whether the association or society is local, regional, state, or
				national in scope, 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 board, was
				based on unprofessional conduct or professional incompetence that was likely to
				harm the public. This action does not constitute state action on the part of
				the association, society, or hospital medical staff;
(21) has repeated or recurring meritorious
				health care liability claims that in the opinion of the board evidence
				professional incompetence likely to harm the public;
(22) through his practice as a physician
				assistant sexually abuses or exploits another person; or
(23) is in violation of an active board
				order.