By: McLaughlin H.B. No. 4255

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of physicians and the disciplinary authority of the Texas Medical Board.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 164.051, Occupations Code is amended by amending Subsection (a) and adding Subsections (f) and (g) to read as follows:

(a) Except as provided in Subsection (f), the [The] board may refuse to admit a person to its examination or refuse to issue a license to practice medicine and may take disciplinary action against a person if the person:

(1) commits an act prohibited under Section 164.052;

(2) is convicted of, or is placed on deferred adjudication community supervision or deferred disposition for:

(A) a felony; or

(B) a misdemeanor involving moral turpitude;

(3) commits or attempts to commit a direct or indirect violation of a rule adopted under this subtitle, either as a principal, accessory, or accomplice;

(4) is unable to practice medicine with reasonable skill and safety to patients because of:

(A) illness;

(B) drunkenness;

(C) excessive use of drugs, narcotics, chemicals, or another substance; or

(D) a mental or physical condition;

(5) is found by a court judgment to be of unsound mind;

(6) fails to practice medicine in an acceptable professional manner consistent with public health and welfare;

(7) is removed, suspended, or is subject to disciplinary action taken by the person's peers in a local, regional, state, or national professional medical association or society, or is disciplined by a licensed hospital or medical staff of a hospital, including removal, suspension, limitation of hospital privileges, or other disciplinary action, if the board finds that the action:

(A) was based on unprofessional conduct or professional incompetence that was likely to harm the public; and

(B) was appropriate and reasonably supported by evidence submitted to the board;

(8) is subject to repeated or recurring meritorious health care liability claims that in the board's opinion evidence professional incompetence likely to injure the public; or

(9) except as provided by Subsections (d) and (e), holds a license to practice medicine subject to disciplinary action by another state, or subject to disciplinary action by the uniformed services of the United States, based on acts by the person that are prohibited under Section 164.052 or are similar to acts described by this subsection.

(b) Action taken by a professional medical association, society, or hospital medical staff under Subsection (a)(7) does not constitute state action.

(c) A certified copy of the record of another state that takes action described by Subsection (a)(9) or (d) is conclusive evidence of that action.

(d) Except as provided in Subsection (f), the [The] board shall refuse to issue a license under this subtitle if the applicant held a license to practice medicine in another state that has been revoked by the licensing authority in that state for a reason that would be grounds for the board to revoke a license to practice medicine in this state.

(e) Except as provided in Subsection (f), the [The] board shall revoke a license issued under this subtitle if the license holder, while holding the license under this subtitle, held a license to practice medicine in another state that has been revoked by the licensing authority in that state for a reason that would be grounds for the board to revoke a license to practice medicine in this state.

(f) The board may issue a license to practice medicine to a person convicted of, or placed on deferred adjudication community supervision or deferred disposition for a felony if:

(1) prior to the conviction, deferred adjudication community supervision, or deferred disposition, the person was licensed to practice medicine in this state;

(2) the person has:

(A) served any sentence resulting from the felony conviction;

(B) completed any deferred adjudication community service or deferred disposition ordered in connection with the felony; and

(C) paid any fines applicable, or restitution ordered by a court, in connection with the sentencing for the felony;

(3) the felony was a nonviolent property felony; and

(4) the person is otherwise eligible to hold a license to practice medicine under this subtitle.

(g) In this section, "Nonviolent property felony" means a felony offense under state law, federal law, or the laws of a federally recognized Indian tribe that does not have as an element the intentional or knowing use, attempted use, or threatened use of force or deadly force against any person, including or similar to a felony offense under Chapters 31 through 35A, or 37, Penal Code.

SECTION 2. This Act takes effect on the 91st day after the last day of the legislative session.