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A BILL TO BE ENTITLED
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AN ACT
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relating to the revocation, suspension, or restriction of the |
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license of a physician placed on deferred adjudication community |
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supervision or arrested for certain offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 164.057, Occupations Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) The board shall revoke the license of a physician placed |
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on deferred adjudication community supervision for an offense |
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under: |
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(1) Section 22.011(a)(2), Penal Code (sexual assault |
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of a child); |
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(2) Section 22.021(a)(1)(B), Penal Code (aggravated |
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sexual assault of a child); or |
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(3) Section 21.11, Penal Code (indecency with a |
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child). |
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SECTION 2. Subchapter B, Chapter 164, Occupations Code, is |
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amended by adding Section 164.0595 to read as follows: |
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Sec. 164.0595. TEMPORARY SUSPENSION OR RESTRICTION OF |
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LICENSE FOR CERTAIN ARRESTS. (a) A disciplinary panel appointed |
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under Section 164.059 shall temporarily suspend or restrict the |
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license of a person arrested for an offense under: |
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(1) Section 22.011(a)(2), Penal Code (sexual assault |
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of a child); |
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(2) Section 22.021(a)(1)(B), Penal Code (aggravated |
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sexual assault of a child); |
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(3) Section 21.02, Penal Code (continuous sexual abuse |
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of a young child or children); or |
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(4) Section 21.11, Penal Code (indecency with a |
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child). |
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(b) Before suspending or restricting a license under this |
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section, the disciplinary panel must determine that the person |
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arrested for an offense listed in Subsection (a) is the same person |
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who holds a license issued by the board. |
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(c) A suspension or restriction under this section remains |
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in effect until the final disposition of the case. |
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(d) Sections 164.059(c), (d), (e), (f), and (g) apply to a |
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suspension or restriction under this section. |
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(e) The board shall adopt rules to implement this section, |
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including rules regarding evidence that serves as proof of final |
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disposition of a case. |
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SECTION 3. Subsection (b), Section 164.102, Occupations |
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Code, is amended to read as follows: |
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(b) Except on an express determination, based on |
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substantial evidence, that granting probation is in the best |
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interests of the public and of the person whose license has been |
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suspended, revoked, or canceled, the board may not grant probation |
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to a person whose license has been canceled, revoked, or suspended |
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because of a felony conviction under: |
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(1) Chapter 481 or 483, Health and Safety Code; |
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(2) Section 485.033, Health and Safety Code; [or] |
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(3) the Comprehensive Drug Abuse Prevention and |
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Control Act of 1970 (21 U.S.C. Section 801 et seq.); or |
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(4) any of the following sections of the Penal Code: |
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(A) Section 22.011(a)(2) (sexual assault of a |
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child); |
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(B) Section 22.021(a)(1)(B) (aggravated sexual |
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assault of a child); |
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(C) Section 21.02 (continuous sexual abuse of a |
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young child or children); or |
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(D) Section 21.11 (indecency with a child). |
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SECTION 4. (a) Subsection (c), Section 164.057, and |
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Section 164.0595, Occupations Code, as added by this Act, and |
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Section 164.102, Occupations Code, as amended by this Act, apply |
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only to an offense committed on or after the effective date of this |
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Act. For purposes of this section, an offense is committed before |
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the effective date of this Act if any element of the offense occurs |
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before that date. |
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(b) An offense committed before the effective date of this |
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Act is covered by the law in effect when the offense was committed, |
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and the former law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2011. |
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