86R12545 JCG-F
 
  By: Huffman S.B. No. 1782
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the denial, suspension, or revocation of licenses
  issued by the Texas Medical Board for certain offenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 108, Occupations Code, is amended to
  read as follows:
  CHAPTER 108. REQUIRED LICENSE DENIAL, SUSPENSION, OR REVOCATION BY
  TEXAS MEDICAL BOARD [REQUIRED] FOR CERTAIN OFFENSES [DRUG FELONY
  CONVICTIONS]
         Sec. 108.001.  DEFINITIONS [DEFINITION]. In this chapter:
               (1)  "Board" [, "board"] means the Texas [State Board
  of] Medical Board [Examiners].
               (2)  "License" means a license, certificate,
  registration, permit, or other form of authorization issued by the
  board and required by law to engage in an occupation or profession
  regulated by the board.
         Sec. 108.002.  LICENSE SUSPENSION OR REVOCATION ON CERTAIN
  PLEAS OR FINDING OF GUILT [CONVICTION; REVOCATION]. In accordance
  with Section 108.004, the [(a) The] board shall:
               (1)  subject to Subdivision (2), suspend a license
  [issued by the board] if the license holder during any court
  proceeding pleads guilty or nolo contendere to or during the guilt
  or innocence phase of the trial is found guilty of:
                     (A)  a felony; or
                     (B)  a misdemeanor:
                           (i)  for which the actor is required to
  register as a sex offender under Chapter 62, Code of Criminal
  Procedure; or
                           (ii)  under: 
                                 (a)  Chapter 22, Penal Code, other than
  a misdemeanor punishable by fine only;
                                 (b)  Section 25.07, Penal Code;
                                 (c)  Section 25.071, Penal Code;
                                 (d)  Chapter 481, Health and Safety
  Code, other than an offense described by Article 42A.054(a)(14),
  Code of Criminal Procedure;
                                 (e)  Chapter 483, Health and Safety
  Code;
                                 (f)  Section 485.033, Health and
  Safety Code; or
                                 (g)  the federal Comprehensive Drug
  Abuse Prevention and Control Act of 1970 (21 U.S.C. Section 801 et
  seq.) or its successor statute; or
               (2)  revoke a license if the license holder:
                     (A)  during any court proceeding pleads guilty or
  nolo contendere to or during the guilt or innocence phase of the
  trial is found guilty of an offense:
                           (i)  listed in Article 42A.054, Code of
  Criminal Procedure; or
                           (ii)  under Section 21.11, Penal Code; or
                     (B)  is convicted of an offense described by
  Subdivision (1), regardless of the status of any pending appeal [it
  is determined at an administrative hearing that the license holder
  has been convicted of a felony under Chapter 481 or 483, Health and
  Safety Code, or Section 485.032 of that code].
         [(b)     A hearing under Subsection (a) shall be conducted under
  Chapter 2001, Government Code.
         [(c)     The board shall revoke the license of a person whose
  license is suspended under Subsection (a) on the person's final
  conviction.]
         Sec. 108.003.  TEMPORARY SUSPENSION FOR CERTAIN ARRESTS.
  (a)  In accordance with Section 108.004, the board shall suspend a
  license if the license holder is arrested for an offense under:
               (1)  Section 22.011(a)(2), Penal Code;
               (2)  Section 22.021(a)(1)(B), Penal Code;
               (3)  Section 21.02, Penal Code;
               (4)  Section 21.11, Penal Code;
               (5)  Section 43.26, Penal Code; or
               (6)  Section 43.262, Penal Code.
         (b)  The board may suspend the license of a license holder
  who is arrested for an offense in which the victim of the offense
  was: 
               (1)  a child, elderly individual, or disabled
  individual, as those terms are defined by Section 22.04, Penal
  Code; or
               (2)  a patient in a hospital or health care facility at
  the time the offense was committed. 
         (c)  A suspension under this section remains in effect until
  the final disposition of the case. 
         (d)  The board shall adopt rules to implement this section,
  including rules regarding evidence that serves as proof of final
  disposition of a case. 
         Sec. 108.004.  HEARING; INFORMAL SETTLEMENT CONFERENCE;
  JUDICIAL REVIEW.  (a)  As soon as practicable after the board
  discovers or receives notice that grounds exist under Section
  108.002 or 108.003 requiring the board to suspend or revoke a
  license holder's license, the president of the board shall:
               (1)  appoint a three-member disciplinary panel
  consisting of board members, at least one of whom must be a
  physician and one of whom must be a public member; and
               (2)  schedule a hearing before the disciplinary panel
  on the suspension or revocation for the earliest possible date
  after providing 10 days' notice of the hearing to the license
  holder.
         (b)  At a hearing under Subsection (a), the disciplinary
  panel shall: 
               (1)  provide the respondent the opportunity to be heard
  and present evidence; 
               (2)  determine whether grounds exist under Section
  108.002 or 108.003 requiring the board to suspend or revoke the
  license holder's license; and
               (3)  if the panel finds that grounds exist under
  Subdivision (2), enter an order immediately suspending or revoking
  the license, as appropriate. 
         (c)  In a hearing under Subsection (a), a disciplinary panel
  may not probate the suspension of a license. 
         (d)  Immediately following a hearing under Subsection (a),
  the disciplinary panel may convene and conduct, according to board
  rules, an informal settlement conference with the respondent to:
               (1)  propose an agreed order regarding the suspension
  or revocation, as appropriate, including the probation of
  suspension, that, if the respondent signs the agreed order, will be
  presented to the board for board approval; or
               (2)  if agreement under Subdivision (1) cannot be
  reached between the disciplinary panel and the respondent, refer
  the suspension or revocation for formal proceedings before an
  administrative law judge at the State Office of Administrative
  Hearings. 
         (e)  An agreed order under Subsection (d):
               (1)  is not effective unless the board approves the
  order; and
               (2)  supersedes any order entered by a disciplinary
  panel at a hearing under Subsection (a).
         (f)  A license holder whose license is suspended or revoked
  under this section is entitled to judicial review of the suspension
  or revocation under the substantial evidence rule.  A petition for
  judicial review under this subsection must be filed not later than
  the 30th day after the date the order suspending or revoking the
  license is entered.
         Sec. 108.005.  DENIAL OF LICENSE APPLICATION. The board
  shall deny an application for a license if grounds would exist under
  Section 108.002 or 108.003 requiring the board to suspend or revoke
  the applicant's license if the applicant were a license holder.
         Sec. 108.006 [108.003].  LICENSE REINSTATEMENT OR
  REISSUANCE. (a)  Except as provided by Subsection (b), the [The]
  board may not reinstate or reissue a license suspended or revoked
  under Section 108.002 [unless an express determination is made that
  the reinstatement or reissuance of the license is in the best
  interests of the public and the person whose license was suspended
  or revoked].
         (b)  A person whose license is suspended or revoked under
  Section 108.002 may apply for reinstatement or reissuance of the
  license if the conviction on which the suspension or revocation is
  based is set aside, vacated, or otherwise overturned on appeal [The
  board must base its determination under Subsection (a) on
  substantial evidence contained in an investigative report].
         SECTION 2.  Section 151.002(a)(3), Occupations Code, is
  amended to read as follows:
               (3)  "Disciplinary order" means an action taken under
  Section 164.001, 164.053, [164.058,] or 164.101.
         SECTION 3.  Sections 164.001(a) and (b), Occupations Code,
  are amended to read as follows:
         (a)  Except for good cause shown, the board, on determining a
  violation of this subtitle or a board rule or for any cause for
  which the board may refuse to admit a person to its examination or
  to issue or renew a license, [including an initial conviction or the
  initial finding of the trier of fact of guilt of a felony or
  misdemeanor involving moral turpitude,] shall:
               (1)  revoke or suspend a license;
               (2)  place on probation a person whose license is
  suspended; or
               (3)  reprimand a license holder.
         (b)  The [Except as otherwise provided by Sections 164.057
  and 164.058, the] board, on determining that a person committed an
  act described by Sections 164.051 through 164.054, shall enter an
  order to:
               (1)  deny the person's application for a license or
  other authorization to practice medicine;
               (2)  administer a public reprimand;
               (3)  suspend, limit, or restrict the person's license
  or other authorization to practice medicine, including:
                     (A)  limiting the practice of the person to or
  excluding one or more specified activities of medicine; or
                     (B)  stipulating periodic board review;
               (4)  revoke the person's license or other authorization
  to practice medicine;
               (5)  require the person to submit to care, counseling,
  or treatment of physicians designated by the board as a condition
  for:
                     (A)  the issuance or renewal of a license or other
  authorization to practice medicine; or
                     (B)  continued practice under a license;
               (6)  require the person to participate in an
  educational or counseling program prescribed by the board;
               (7)  require the person to practice under the direction
  of a physician designated by the board for a specified period;
               (8)  require the person to perform public service
  considered appropriate by the board; or
               (9)  assess an administrative penalty against the
  person as provided by Section 165.001.
         SECTION 4.  Section 204.303(a), Occupations Code, is amended
  to read as follows:
         (a)  The physician assistant board may take action under
  Section 204.301 against an applicant or license holder who:
               (1)  violates this chapter or a rule adopted under this
  chapter;
               (2)  [is convicted of a felony, placed on deferred
  adjudication, or placed in a pretrial diversion program;
               [(3)]  violates state law if the violation is connected
  with practice as a physician assistant;
               (3) [(4)]  fails to keep complete and accurate records
  of the purchase and disposal of drugs as required by Chapter 483,
  Health and Safety Code, or any subsequent rules; or
               (4) [(5)]  writes a false or fictitious prescription
  for a dangerous drug as defined by Chapter 483, Health and Safety
  Code.
         SECTION 5.  Section 205.351(a), Occupations Code, is amended
  to read as follows:
         (a)  A license to practice acupuncture may be denied or,
  after notice and hearing, a license holder may be subject to
  disciplinary action under Section 205.352 if the license applicant
  or license holder:
               (1)  intemperately uses drugs or intoxicating liquors
  to an extent that, in the opinion of the board, could endanger the
  lives of patients;
               (2)  obtains or attempts to obtain a license by fraud or
  deception;
               (3)  has been adjudged mentally incompetent by a court;
               (4)  has a mental or physical condition that renders
  the person unable to perform safely as an acupuncturist;
               (5)  fails to practice acupuncture in an acceptable
  manner consistent with public health and welfare;
               (6)  violates this chapter or a rule adopted under this
  chapter;
               (7)  [has been convicted of a crime involving moral
  turpitude or a felony or is the subject of deferred adjudication or
  pretrial diversion for such an offense;
               [(8)]  holds the person out as a physician or surgeon or
  any combination or derivative of those terms unless the person is
  also licensed by the medical board as a physician or surgeon;
               (8) [(9)]  fraudulently or deceptively uses a license;
               (9) [(10)]  engages in unprofessional or dishonorable
  conduct that is likely to deceive, defraud, or injure a member of
  the public;
               (10) [(11)]  commits an act in violation of state law
  if the act is connected with the person's practice as an
  acupuncturist;
               (11) [(12)]  fails to adequately supervise the
  activities of a person acting under the supervision of the license
  holder;
               (12) [(13)]  directly or indirectly aids or abets the
  practice of acupuncture by any person not licensed to practice
  acupuncture by the acupuncture board;
               (13) [(14)]  is unable to practice acupuncture with
  reasonable skill and with safety to patients because of illness,
  drunkenness, or excessive use of drugs, narcotics, chemicals, or
  any other type of material or because of any mental or physical
  condition;
               (14) [(15)]  is the subject of repeated or recurring
  meritorious health-care liability claims that in the opinion of the
  acupuncture board evidence professional incompetence likely to
  injure the public;
               (15) [(16)]  has had a license to practice acupuncture
  suspended, revoked, or restricted by another state or has been
  subject to other disciplinary action by another state or by the
  uniformed services of the United States regarding practice as an
  acupuncturist; or
               (16) [(17)]  sexually abuses or exploits another
  person through the license holder's practice as an acupuncturist.
         SECTION 6.  Section 206.203(a), Occupations Code, is amended
  to read as follows:
         (a)  Except as provided by Section 206.206, to be eligible
  for a license, a person must:
               (1)  be of good moral character;
               (2)  [have not been convicted of a felony or a crime
  involving moral turpitude;
               [(3)]  not use drugs or alcohol to an extent that
  affects the applicant's professional competency;
               (3) [(4)]  not have had a license or certification
  revoked by a licensing agency or by a certifying professional
  organization; and
               (4) [(5)]  not have engaged in fraud or deceit in
  applying for a license under this chapter.
         SECTION 7.  Section 206.303(a), Occupations Code, is amended
  to read as follows:
         (a)  The medical board may take action under Section 206.301
  against an applicant or license holder who:
               (1)  violates this chapter or a rule adopted under this
  chapter; or
               (2)  [is convicted of a felony, placed on deferred
  adjudication, or placed in a pretrial diversion program; or
               [(3)]  violates state law if the violation is connected
  with practice as a surgical assistant.
         SECTION 8.  Section 602.251, Occupations Code, is amended to
  read as follows:
         Sec. 602.251.  GROUNDS FOR LICENSE DENIAL OR DISCIPLINARY
  ACTION. The medical board may refuse to issue or renew a license,
  suspend, restrict, or revoke a license, or reprimand a license
  holder for:
               (1)  obtaining or renewing a license by means of fraud,
  misrepresentation, or concealment of a material fact;
               (2)  having previously applied for or held a license
  issued by the licensing authority of another state, territory, or
  jurisdiction that was denied, suspended, or revoked by that
  licensing authority;
               (3)  engaging in unprofessional conduct that
  endangered or is likely to endanger the health, safety, or welfare
  of the public as defined by medical board rule;
               (4)  violating this chapter, a lawful order or rule of
  the medical board, or the medical board's code of ethics; or
               (5)  being convicted of an offense [:
                     [(A)  a felony; or
                     [(B)  a misdemeanor involving moral turpitude or]
  that directly relates to the person's duties as a licensed medical
  physicist.
         SECTION 9.  The following provisions of the Occupations Code
  are repealed:
               (1)  Section 164.057;
               (2)  Section 164.058;
               (3)  Section 164.0595;
               (4)  Section 204.310;
               (5)  Section 206.311;
               (6)  Section 601.310; and
               (7)  Section 604.208.
         SECTION 10.  Section 108.005, Occupations Code, as added by
  this Act, applies only to an application for a license, as defined
  by Section 108.001, Occupations Code, as amended by this Act,
  pending on or submitted on or after the effective date of this Act.
         SECTION 11.  Chapter 108, Occupations Code, as amended by
  this Act, applies only to an offense committed on or after the
  effective date of this Act. An offense committed before the
  effective date of this Act is governed by the law in effect on the
  date the offense was committed, and the former law is continued in
  effect for that purpose. For purposes of this section, an offense
  was committed before the effective date of this Act if any element
  of the offense was committed before that date.
         SECTION 12.  The changes in law made by this Act to Chapters
  108, 164, 204, 205, 206, 601, 602, and 604, Occupations Code, do not
  affect the validity of a disciplinary action or other
  administrative proceeding that was initiated before the effective
  date of this Act and that is pending before a court or other
  governmental entity on the effective date of this Act.
         SECTION 13.  This Act takes effect September 1, 2019.