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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of physicians and the disciplinary |
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authority of the Texas Medical Board. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 154.006, Occupations Code, is amended by |
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adding Subsection (m) to read as follows: |
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(m) At least once each month, the board shall search the |
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National Practitioner Data Bank and update a physician's profile to |
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include any new report of disciplinary action against the |
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physician. |
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SECTION 2. Section 160.002, Occupations Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) A medical peer review committee or health care entity |
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shall report in writing to the National Practitioner Data Bank the |
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results and circumstances of a medical peer review that adversely |
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affects the clinical privileges of a physician for not more than 30 |
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days. |
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SECTION 3. Section 164.051, Occupations Code, is amended by |
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amending Subsections (a) and (d) and adding Subsection (e) to read |
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as follows: |
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(a) The board may refuse to admit a person to its |
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examination or refuse to issue a license to practice medicine and |
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may take disciplinary action against a person if the person: |
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(1) commits an act prohibited under Section 164.052; |
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(2) is convicted of, or is placed on deferred |
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adjudication community supervision or deferred disposition for: |
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(A) a felony; or |
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(B) a misdemeanor involving moral turpitude; |
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(3) commits or attempts to commit a direct or indirect |
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violation of a rule adopted under this subtitle, either as a |
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principal, accessory, or accomplice; |
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(4) is unable to practice medicine with reasonable |
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skill and safety to patients because of: |
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(A) illness; |
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(B) drunkenness; |
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(C) excessive use of drugs, narcotics, |
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chemicals, or another substance; or |
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(D) a mental or physical condition; |
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(5) is found by a court judgment to be of unsound mind; |
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(6) fails to practice medicine in an acceptable |
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professional manner consistent with public health and welfare; |
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(7) is removed, suspended, or is subject to |
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disciplinary action taken by the person's peers in a local, |
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regional, state, or national professional medical association or |
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society, or is disciplined by a licensed hospital or medical staff |
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of a hospital, including removal, suspension, limitation of |
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hospital privileges, or other disciplinary action, if the board |
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finds that the action: |
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(A) was based on unprofessional conduct or |
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professional incompetence that was likely to harm the public; and |
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(B) was appropriate and reasonably supported by |
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evidence submitted to the board; |
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(8) is subject to repeated or recurring meritorious |
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health care liability claims that in the board's opinion evidence |
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professional incompetence likely to injure the public; or |
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(9) except as provided by Subsections [Subsection] (d) |
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and (e), holds a license to practice medicine subject to |
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disciplinary action by another state, or subject to disciplinary |
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action by the uniformed services of the United States, based on acts |
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by the person that are prohibited under Section 164.052 or are |
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similar to acts described by this subsection. |
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(d) The board shall refuse to issue a license under this |
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subtitle if the applicant held a license to practice medicine in |
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another state that has been revoked by the licensing authority in |
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that state. |
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(e) The board shall revoke a license issued under this |
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subtitle if the license holder, while holding the license under |
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this subtitle, held a license to practice medicine in another state |
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that has been revoked by the licensing authority in that state. |
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SECTION 4. This Act takes effect September 1, 2023. |