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1 | 1 | By: Wentworth S.B. No. 1424 | |
2 | 2 | (Garza) | |
3 | 3 | ||
4 | 4 | ||
5 | 5 | A BILL TO BE ENTITLED | |
6 | 6 | AN ACT | |
7 | 7 | relating to the issuance of cease and desist orders by the Texas | |
8 | 8 | Medical Board. | |
9 | 9 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
10 | 10 | SECTION 1. Subsection (a), Section 165.052, Occupations | |
11 | 11 | Code, is amended to read as follows: | |
12 | 12 | (a) If it appears to the board that a person who is not | |
13 | 13 | licensed under this subtitle is violating this subtitle, a rule | |
14 | 14 | adopted under this subtitle, or another state statute or rule | |
15 | 15 | relating to the practice of medicine, the board [after notice and | |
16 | 16 | opportunity for a hearing] may issue a cease and desist order | |
17 | 17 | prohibiting the person from engaging in the activity. Before | |
18 | 18 | issuing the order, the board must provide the person with the same | |
19 | 19 | notice and the same opportunity for an informal proceeding and a | |
20 | 20 | formal hearing as provided to a license holder under Chapter 164. | |
21 | 21 | SECTION 2. The change in law made by this Act applies only | |
22 | 22 | to a hearing for which notice is provided under Section 165.052, | |
23 | 23 | Occupations Code, on or after the effective date of this Act. A | |
24 | 24 | hearing for which notice is provided before the effective date of | |
25 | 25 | this Act is governed by the law in effect when the notice is | |
26 | 26 | provided, and the former law is continued in effect for that | |
27 | 27 | purpose. | |
28 | 28 | SECTION 3. This Act takes effect September 1, 2011. |