By: Wentworth S.B. No. 1424
(In the Senate - Filed March 10, 2011; March 22, 2011, read
first time and referred to Committee on Health and Human Services;
May 6, 2011, reported favorably by the following vote: Yeas 9,
Nays 0; May 6, 2011, sent to printer.)
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.
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