Texas 2017 - 85th 1st C.S.

Texas House Bill HB312 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85S10838 AJZ-D
2	2	By: Swanson H.B. No. 312
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to prohibited acts for a physician or applicant for a
8	8	medical license.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 164.052, Occupations Code, as effective
11	11	September 1, 2017, is amended by amending Subsection (a) and adding
12	12	Subsection (d) to read as follows:
13	13	(a) A physician or an applicant for a license to practice
14	14	medicine commits a prohibited practice if that person:
15	15	(1) submits to the board a false or misleading
16	16	statement, document, or certificate in an application for a
17	17	license;
18	18	(2) presents to the board a license, certificate, or
19	19	diploma that was illegally or fraudulently obtained;
20	20	(3) commits fraud or deception in taking or passing an
21	21	examination;
22	22	(4) uses alcohol or drugs in an intemperate manner
23	23	that, in the board's opinion, could endanger a patient's life;
24	24	(5) commits unprofessional or dishonorable conduct
25	25	that is likely to deceive or defraud the public, as provided by
26	26	Section 164.053, or injure the public;
27	27	(6) uses an advertising statement that is false,
28	28	misleading, or deceptive;
29	29	(7) advertises professional superiority or the
30	30	performance of professional service in a superior manner if that
31	31	advertising is not readily subject to verification;
32	32	(8) purchases, sells, barters, or uses, or offers to
33	33	purchase, sell, barter, or use, a medical degree, license,
34	34	certificate, or diploma, or a transcript of a license, certificate,
35	35	or diploma in or incident to an application to the board for a
36	36	license to practice medicine;
37	37	(9) alters, with fraudulent intent, a medical license,
38	38	certificate, or diploma, or a transcript of a medical license,
39	39	certificate, or diploma;
40	40	(10) uses a medical license, certificate, or diploma,
41	41	or a transcript of a medical license, certificate, or diploma that
42	42	has been:
43	43	(A) fraudulently purchased or issued;
44	44	(B) counterfeited; or
45	45	(C) materially altered;
46	46	(11) impersonates or acts as proxy for another person
47	47	in an examination required by this subtitle for a medical license;
48	48	(12) engages in conduct that subverts or attempts to
49	49	subvert an examination process required by this subtitle for a
50	50	medical license;
51	51	(13) impersonates a physician or permits another to
52	52	use the person's license or certificate to practice medicine in
53	53	this state;
54	54	(14) directly or indirectly employs a person whose
55	55	license to practice medicine has been suspended, canceled, or
56	56	revoked;
57	57	(15) associates in the practice of medicine with a
58	58	person:
59	59	(A) whose license to practice medicine has been
60	60	suspended, canceled, or revoked; or
61	61	(B) who has been convicted of the unlawful
62	62	practice of medicine in this state or elsewhere;
63	63	(16) performs or procures a criminal abortion, aids or
64	64	abets in the procuring of a criminal abortion, attempts to perform
65	65	or procure a criminal abortion, or attempts to aid or abet the
66	66	performance or procurement of a criminal abortion;
67	67	(17) directly or indirectly aids or abets the practice
68	68	of medicine by a person, partnership, association, or corporation
69	69	that is not licensed to practice medicine by the board;
70	70	(18) performs an abortion on a woman who is pregnant
71	71	with a viable unborn child during the third trimester of the
72	72	pregnancy unless:
73	73	(A) the abortion is necessary to prevent the
74	74	death of the woman;
75	75	(B) the viable unborn child has a severe,
76	76	irreversible brain impairment; or
77	77	(C) the woman is diagnosed with a significant
78	78	likelihood of suffering imminent severe, irreversible brain damage
79	79	or imminent severe, irreversible paralysis;
80	80	(19) performs an abortion on an unemancipated minor
81	81	without the written consent of the child's parent, managing
82	82	conservator, or legal guardian or without a court order, as
83	83	provided by Section 33.003 or 33.004, Family Code, unless the
84	84	abortion is necessary due to a medical emergency, as defined by
85	85	Section 171.002, Health and Safety Code;
86	86	(20) otherwise performs an abortion on an
87	87	unemancipated minor in violation of Chapter 33, Family Code; [or]
88	88	(21) performs or induces or attempts to perform or
89	89	induce an abortion in violation of Subchapter C, F, or G, Chapter
90	90	171, Health and Safety Code; or
91	91	(22) notwithstanding Subdivisions (18)-(21) or any
92	92	other law:
93	93	(A) performs an abortion on a woman or diagnoses
94	94	or treats an abortion complication; and
95	95	(B) fails to comply with any reporting
96	96	requirement prescribed by law for a procedure described by
97	97	Paragraph (A).
98	98	(d) In this section "abortion complication" means any
99	99	harmful event or adverse outcome with respect to a patient related
100	100	to an abortion that is performed on the patient and that is
101	101	diagnosed or treated by a health care practitioner or at a health
102	102	care facility and includes:
103	103	(1) shock;
104	104	(2) uterine perforation;
105	105	(3) cervical laceration;
106	106	(4) hemorrhage;
107	107	(5) aspiration or allergic response;
108	108	(6) infection;
109	109	(7) sepsis;
110	110	(8) death of the patient;
111	111	(9) incomplete abortion;
112	112	(10) damage to the uterus; or
113	113	(11) an infant born alive after the abortion.
114	114	SECTION 2. Section 164.055, Occupations Code, as effective
115	115	September 1, 2017, is amended to read as follows:
116	116	Sec. 164.055. PROHIBITED ACTS REGARDING ABORTION. (a) The
117	117	board shall take an appropriate disciplinary action against a
118	118	physician who violates Section 170.002 or Chapter 171, Health and
119	119	Safety Code, and shall revoke the license of a physician who
120	120	violates Section 164.052(a)(22) of this code. The board shall
121	121	refuse to admit to examination or refuse to issue a license or
122	122	renewal license to a person who violates any of those provisions
123	123	[that section or chapter].
124	124	(b) The sanctions provided by Subsection (a) are in addition
125	125	to any other grounds for refusal to admit persons to examination
126	126	under this subtitle or to issue a license or renew a license to
127	127	practice medicine under this subtitle. The criminal penalties
128	128	provided by Section 165.152 do not apply to a violation of Section
129	129	170.002, Health and Safety Code, [or] Subchapter C, F, or G, Chapter
130	130	171, Health and Safety Code, or Section 164.052(a)(22) of this
131	131	code.
132	132	SECTION 3. Sections 164.052 and 164.055, Occupations Code,
133	133	as amended by this Act, apply only to an abortion performed or an
134	134	abortion complication diagnosed or treated on or after the
135	135	effective date of this Act. An abortion performed or an abortion
136	136	complication diagnosed or treated before the effective date of this
137	137	Act is governed by the law applicable to the abortion on the date
138	138	the abortion is performed or the abortion complication is diagnosed
139	139	or treated, and that law is continued in effect for that purpose.
140	140	SECTION 4. This Act takes effect on the 91st day after the
141	141	last day of the legislative session.