Texas House Bill HB3601

Texas 2011 - 82nd Regular

• Introduced: 3/11/11
• Refer: 3/23/11

Caption

Relating to the issuance of cease and desist orders by the Texas Medical Board.

Impact

The law will alter the procedures related to how the Texas Medical Board addresses violations. Previously, before issuing cease and desist orders, the board was required to provide notice and an opportunity for a hearing. Under the new provisions, the board retains the right to issue these orders without prior hearings, although they must still offer informal proceedings upon request. This change allows for immediate action against potential threats to public health from individuals practicing medicine without appropriate licensing.

Summary

House Bill 3601 aims to amend the Occupations Code to enhance the regulatory powers of the Texas Medical Board concerning unlicensed medical practice. The bill enables the board to issue cease and desist orders against individuals who violate medical practice statutes, rules, or regulations. This amendment is significant as it allows the board to act swiftly to combat unauthorized medical practices, which have increasingly become a concern in the state.

Sentiment

Overall, the sentiment around HB 3601 appears to focus on improving public safety through stricter regulatory actions against unlicensed medical practitioners. Proponents of the bill view it positively, stressing the importance of ensuring that all medical practices within the state abide by established laws and that state residents are protected from unauthorized medical services. However, there may be concerns about the extent of the board's power and implications for individual rights, as the bill streamlines the process potentially at the expense of due process.

Contention

Opponents might argue that the bill could lead to overregulation, with fears that the streamlined approach to issuing cease and desist orders could result in unjust targeting of individuals who may not fully understand the licensing requirements. Despite these concerns, the focus remains on balancing the need for public safety and the rights of individuals, creating a debate that underscores differing perspectives on regulatory authority in healthcare.