By Capelo                                             H.B. No. 2524
         76R7235 SMH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the temporary suspension of a license to practice
 1-3     medicine.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Sections 3.081(d) and (e), Medical Practice Act
 1-6     (Article 4495b, Vernon's Texas Civil Statutes), are amended to read
 1-7     as follows:
 1-8           (d)  The provisions of this section shall not prevent or
 1-9     limit the authority of the board to take action to suspend a
1-10     license temporarily pursuant to Section 4.13 or 4.135 of this Act.
1-11           (e)  Violation of a rehabilitation order entered pursuant to
1-12     this section may result in disciplinary action under the provisions
1-13     of this Act for contested matters or pursuant to the terms of the
1-14     agreed order.  The violation of a rehabilitation order may be
1-15     grounds for disciplinary action based on unprofessional or
1-16     dishonorable conduct or any of the provisions of Section 3.08 of
1-17     this Act which may apply to the misconduct which resulted in
1-18     violation of the order.  In addition, a violation of a
1-19     rehabilitation order may be grounds for temporary suspension of the
1-20     individual's license pursuant to Section 4.13 or 4.135 of this Act.
1-21           SECTION 2.  Section 4.02(m), Medical Practice Act (Article
1-22     4495b, Vernon's Texas Civil Statutes), is amended to read as
1-23     follows:
1-24           (m)  Except in the case of a suspension under Section 4.13 or
 2-1     4.135 of this Act or in accordance with the terms of an agreement
 2-2     between the  board and a licensee, no revocation, suspension,
 2-3     involuntary modification, or disciplinary action relating to a
 2-4     license is effective unless, before board proceedings are
 2-5     instituted:
 2-6                 (1)  the board has served notice, in a manner
 2-7     consistent with the requirements for service under Subsection (g)
 2-8     of this section, to the physician of the facts or conduct alleged
 2-9     to warrant the intended action; and
2-10                 (2)  the physician was given an opportunity to show
2-11     compliance with all requirements of law for the retention of the
2-12     license either in writing or through personal appearance at an
2-13     informal meeting with one or more representatives of the board, at
2-14     the option of the licensee.
2-15           SECTION 3.  The heading to Section 4.13, Medical Practice Act
2-16     (Article 4495b, Vernon's Texas Civil Statutes), is amended to read
2-17     as follows:
2-18           Sec. 4.13.  TEMPORARY SUSPENSION OF LICENSE FOLLOWING NOTICE
2-19     AND HEARING
2-20           SECTION 4.  Sections 4.13(c) and (d), Medical Practice Act
2-21     (Article 4495b, Vernon's Texas Civil Statutes), are amended to read
2-22     as follows:
2-23           (c)  [The license may be suspended under this section without
2-24     notice or hearing on the complaint, provided institution of
2-25     proceedings for a hearing before the board is initiated
2-26     simultaneously with the temporary suspension and provided that a
2-27     hearing is held as soon as can be accomplished under the
 3-1     Administrative Procedure Act and this Act.]
 3-2           [(d)]  Notwithstanding the open meetings law, Chapter 551,
 3-3     Government Code [271, Acts of the 60th Legislature, Regular
 3-4     Session, 1967 (Article  6252-17, Vernon's Texas Civil Statutes)],
 3-5     the disciplinary panel may hold a meeting by telephone conference
 3-6     call if immediate action is required and the convening at one
 3-7     location of the disciplinary panel is inconvenient for any member
 3-8     of the disciplinary panel.
 3-9           SECTION 5.  Subchapter D, Medical Practice Act (Article
3-10     4495b, Vernon's Texas Civil Statutes), is amended by adding Section
3-11     4.135 to read as follows:
3-12           Sec. 4.135.  TEMPORARY SUSPENSION OF LICENSE WITHOUT NOTICE
3-13     OR HEARING.  (a)  The board may temporarily suspend a person's
3-14     license to practice medicine in this state without prior notice or
3-15     hearing on a complaint if, after the license is temporarily
3-16     suspended:
3-17                 (1)  the president of the board, with the approval of
3-18     the board, appoints a disciplinary panel consisting of three board
3-19     members to conduct a hearing to determine whether the suspension of
3-20     a license under this section should be withdrawn or affirmed;
3-21                 (2)  the license holder is given an opportunity to
3-22     appear before the disciplinary panel at the hearing to show
3-23     compliance with all requirements of law for the retention of the
3-24     license;
3-25                 (3)  not later than the 10th day before the date of the
3-26     hearing, the license holder is given written notice, by personal
3-27     service or by registered or certified mail, of:
 4-1                       (A)  the date, time, and location of the hearing;
 4-2                       (B)  the facts or conduct alleged to warrant the
 4-3     temporary suspension of the license; and
 4-4                       (C)  the license holder's right to attend the
 4-5     hearing and show compliance with all requirements of law for the
 4-6     retention of the license; and
 4-7                 (4)  the hearing is held not later than the 14th day
 4-8     after the date the license is temporarily suspended or at another
 4-9     time to which the board and the license holder agree in writing.
4-10           (b)  If the disciplinary panel affirms the temporary
4-11     suspension of the license, proceedings for a hearing under Chapter
4-12     2001, Government Code,  and this Act shall be initiated
4-13     immediately, and a hearing shall be held on the suspension as soon
4-14     as can be accomplished.
4-15           (c)  If the disciplinary panel withdraws the temporary
4-16     suspension of the license, the withdrawal takes effect immediately.
4-17           (d)  Not later than the third day after the date of the
4-18     disciplinary panel hearing, the board shall notify the license
4-19     holder in writing, by personal service or by registered or
4-20     certified mail, of the disciplinary panel's decision to affirm or
4-21     withdraw the temporary suspension of the license. If the board
4-22     fails to provide notice within the time required by this
4-23     subsection, the license suspension is considered to be withdrawn.
4-24           (e)  Section 4.13(c) of this Act applies to a meeting of a
4-25     disciplinary panel under this section.
4-26           SECTION 6.  (a)  This Act takes effect September 1, 1999.
4-27           (b)  The change in law made by this Act applies to the
 5-1     temporary suspension of a license by the Texas State Board of
 5-2     Medical Examiners on or after the effective date of this Act. A
 5-3     license suspended before the effective date of this Act is governed
 5-4     by the law in effect on the date the license was temporarily
 5-5     suspended, and the former law is continued in effect for that
 5-6     purpose.
 5-7           SECTION 7.  The importance of this legislation and the
 5-8     crowded condition of the calendars in both houses create an
 5-9     emergency and an imperative public necessity that the
5-10     constitutional rule requiring bills to be read on three several
5-11     days in each house be suspended, and this rule is hereby suspended.