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.