By: Wentworth S.B. No. 1424
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the issuance of cease and desist orders by the Texas
  Medical Board.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (a), Section 165.052, Occupations
  Code, is amended to read as follows:
         (a)  If it appears to the board that a person who is not
  licensed under this subtitle is violating this subtitle, a rule
  adopted under this subtitle, or another state statute or rule
  relating to the practice of medicine, the board [after notice and
  opportunity for a hearing] may issue a cease and desist order
  prohibiting the person from engaging in the activity.  Before
  issuing the order, the board must provide the person with the same
  notice and the same opportunity for an informal proceeding and a
  formal hearing as provided to a license holder under Chapter 164.
         SECTION 2.  The change in law made by this Act applies only
  to a hearing for which notice is provided under Section 165.052,
  Occupations Code, on or after the effective date of this Act.  A
  hearing for which notice is provided before the effective date of
  this Act is governed by the law in effect when the notice is
  provided, and the former law is continued in effect for that
  purpose.
         SECTION 3.  This Act takes effect September 1, 2011.