Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 184 - SURGICAL ASSISTANTS › Section 184.15 - 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 as provided for in the APA, take disciplinary
				  action against any surgical assistant that:
(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) violates the Act, or
				any rules relating to the practice of surgical assisting;
(5) is convicted of a felony, or has
				imposition of deferred adjudication or pre-trial diversion;
(6) habitually uses drugs or alcohol to the
				extent that, in the opinion of the board, the person cannot safely perform as a
				surgical assistant;
(7) has been
				adjudicated as mentally incompetent or has a mental or physical condition that
				renders the person unable to safely perform as a surgical assistant;
(8) 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;
(9) has acted in an unprofessional or
				dishonorable manner that is likely to deceive, defraud, or injure any member of
				the public;
(10) has failed to
				practice as a surgical assistant in an acceptable manner consistent with public
				health and welfare;
(11) has
				committed any act that is in violation of the laws of this state if the act is
				connected with practice as a surgical 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 surgical
				assistant or under the guise of practice as a surgical 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 surgical assistant suspended, revoked, or
				restricted or who has had other disciplinary action taken by another state
				regarding practice as a surgical 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)
				unlawfully advertises in a false, misleading, or deceptive manner as defined by
				§ 101.201 of the Tex. Occ. Code;
(14) alters, with fraudulent intent, any
				surgical assistant license, certificate, or diploma;
(15) uses any surgical assistant license,
				certificate, or diploma that has been fraudulently purchased, issued, or
				counterfeited or that has been materially altered;
(16) 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;
(17) has repeated or recurring meritorious
				health care liability claims that in the opinion of the board evidence
				professional incompetence likely to harm the public; or
(18) sexually abuses or exploits another
				person during the licensee's practice as a surgical assistant.