| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the revocation, suspension, or restriction of the |
|
|
license of a physician placed on deferred adjudication community |
|
|
supervision or arrested for certain offenses. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 164.057, Occupations Code, is amended by |
|
|
adding Subsection (c) to read as follows: |
|
|
(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). |
|
|
SECTION 2. Subchapter B, Chapter 164, Occupations Code, is |
|
|
amended by adding Section 164.0595 to read as follows: |
|
|
Sec. 164.0595. TEMPORARY SUSPENSION OR RESTRICTION OF |
|
|
LICENSE FOR CERTAIN ARRESTS. (a) A disciplinary panel appointed |
|
|
under Section 164.059 shall temporarily suspend or restrict the |
|
|
license of a person arrested 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); |
|
|
(3) Section 21.02, Penal Code (continuous sexual abuse |
|
|
of a young child or children); or |
|
|
(4) Section 21.11, Penal Code (indecency with a |
|
|
child). |
|
|
(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. |
|
|
SECTION 3. Subsection (b), Section 164.102, Occupations |
|
|
Code, is amended to read as follows: |
|
|
(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; [or]
|
|
|
(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 a |
|
|
young child or children); or |
|
|
(D) Section 21.11 (indecency with a child).
|
|
|
SECTION 4. (a) Subsection (c), Section 164.057, and |
|
|
Section 164.0595, Occupations Code, as added by this Act, and |
|
|
Section 164.102, Occupations Code, as amended by this Act, apply |
|
|
only to an offense committed on or after the effective date of this |
|
|
Act. For purposes of this section, an offense is committed before |
|
|
the effective date of this Act if any element of the offense occurs |
|
|
before that date. |
|
|
(b) An offense committed before the effective date of this |
|
|
Act is covered by the law in effect when the offense was committed, |
|
|
and the former law is continued in effect for that purpose. |
|
|
SECTION 5. This Act takes effect September 1, 2011. |