Texas 2011 - 82nd Regular

Texas Senate Bill SB1424 Compare Versions

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11 By: Wentworth S.B. No. 1424
22 (Garza)
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the issuance of cease and desist orders by the Texas
88 Medical Board.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Subsection (a), Section 165.052, Occupations
1111 Code, is amended to read as follows:
1212 (a) If it appears to the board that a person who is not
1313 licensed under this subtitle is violating this subtitle, a rule
1414 adopted under this subtitle, or another state statute or rule
1515 relating to the practice of medicine, the board [after notice and
1616 opportunity for a hearing] may issue a cease and desist order
1717 prohibiting the person from engaging in the activity. Before
1818 issuing the order, the board must provide the person with the same
1919 notice and the same opportunity for an informal proceeding and a
2020 formal hearing as provided to a license holder under Chapter 164.
2121 SECTION 2. The change in law made by this Act applies only
2222 to a hearing for which notice is provided under Section 165.052,
2323 Occupations Code, on or after the effective date of this Act. A
2424 hearing for which notice is provided before the effective date of
2525 this Act is governed by the law in effect when the notice is
2626 provided, and the former law is continued in effect for that
2727 purpose.
2828 SECTION 3. This Act takes effect September 1, 2011.