85S10131 AJZ-D
By: Swanson H.B. No. 86
A BILL TO BE ENTITLED
AN ACT
relating to prohibited acts for a physician or applicant for a
medical license.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 164.052(a), Occupations Code, as
effective September 1, 2017, is amended to read as follows:
(a) A physician or an applicant for a license to practice
medicine commits a prohibited practice if that person:
(1) submits to the board a false or misleading
statement, document, or certificate in an application for a
license;
(2) presents to the board a license, certificate, or
diploma that was illegally or fraudulently obtained;
(3) commits fraud or deception in taking or passing an
examination;
(4) uses alcohol or drugs in an intemperate manner
that, in the board's opinion, could endanger a patient's life;
(5) commits unprofessional or dishonorable conduct
that is likely to deceive or defraud the public, as provided by
Section 164.053, or injure the public;
(6) uses an advertising statement that is false,
misleading, or deceptive;
(7) advertises professional superiority or the
performance of professional service in a superior manner if that
advertising is not readily subject to verification;
(8) purchases, sells, barters, or uses, or offers to
purchase, sell, barter, or use, a medical degree, license,
certificate, or diploma, or a transcript of a license, certificate,
or diploma in or incident to an application to the board for a
license to practice medicine;
(9) alters, with fraudulent intent, a medical license,
certificate, or diploma, or a transcript of a medical license,
certificate, or diploma;
(10) uses a medical license, certificate, or diploma,
or a transcript of a medical license, certificate, or diploma that
has been:
(A) fraudulently purchased or issued;
(B) counterfeited; or
(C) materially altered;
(11) impersonates or acts as proxy for another person
in an examination required by this subtitle for a medical license;
(12) engages in conduct that subverts or attempts to
subvert an examination process required by this subtitle for a
medical license;
(13) impersonates a physician or permits another to
use the person's license or certificate to practice medicine in
this state;
(14) directly or indirectly employs a person whose
license to practice medicine has been suspended, canceled, or
revoked;
(15) associates in the practice of medicine with a
person:
(A) whose license to practice medicine has been
suspended, canceled, or revoked; or
(B) who has been convicted of the unlawful
practice of medicine in this state or elsewhere;
(16) performs or procures a criminal abortion, aids or
abets in the procuring of a criminal abortion, attempts to perform
or procure a criminal abortion, or attempts to aid or abet the
performance or procurement of a criminal abortion;
(17) directly or indirectly aids or abets the practice
of medicine by a person, partnership, association, or corporation
that is not licensed to practice medicine by the board;
(18) performs an abortion on a woman who is pregnant
with a viable unborn child during the third trimester of the
pregnancy unless:
(A) the abortion is necessary to prevent the
death of the woman;
(B) the viable unborn child has a severe,
irreversible brain impairment; or
(C) the woman is diagnosed with a significant
likelihood of suffering imminent severe, irreversible brain damage
or imminent severe, irreversible paralysis;
(19) performs an abortion on an unemancipated minor
without the written consent of the child's parent, managing
conservator, or legal guardian or without a court order, as
provided by Section 33.003 or 33.004, Family Code, unless the
abortion is necessary due to a medical emergency, as defined by
Section 171.002, Health and Safety Code;
(20) otherwise performs an abortion on an
unemancipated minor in violation of Chapter 33, Family Code; [or]
(21) performs or induces or attempts to perform or
induce an abortion in violation of Subchapter C, F, or G, Chapter
171, Health and Safety Code; or
(22) notwithstanding Subdivisions (18)-(21) or any
other law, performs an abortion on a woman unless:
(A) there exists a condition that, in a
physician's reasonable medical judgment, so complicates the
medical condition of the woman that, to avert the woman's death or a
serious risk of substantial and irreversible physical impairment of
a major bodily function, other than a psychological condition, it
necessitates the abortion; or
(B) if the woman is pregnant with multiple unborn
children, the abortion is necessary to ensure that at least one
unborn child is born alive and healthy.
SECTION 2. Section 164.055, Occupations Code, as effective
September 1, 2017, is amended to read as follows:
Sec. 164.055. PROHIBITED ACTS REGARDING ABORTION. (a) The
board shall take an appropriate disciplinary action against a
physician who violates Section 170.002 or Chapter 171, Health and
Safety Code, and shall revoke the license of a physician who
violates Section 164.052(a)(22) of this code. The board shall
refuse to admit to examination or refuse to issue a license or
renewal license to a person who violates any of those provisions
[that section or chapter].
(b) The sanctions provided by Subsection (a) are in addition
to any other grounds for refusal to admit persons to examination
under this subtitle or to issue a license or renew a license to
practice medicine under this subtitle. The criminal penalties
provided by Section 165.152 do not apply to a violation of Section
170.002, Health and Safety Code, [or] Subchapter C, F, or G, Chapter
171, Health and Safety Code, or Section 164.052(a)(22) of this
code.
SECTION 3. Sections 164.052 and 164.055, Occupations Code,
as amended by this Act, apply only to an abortion performed on or
after the effective date of this Act. An abortion performed before
the effective date of this Act is governed by the law applicable to
the abortion on the date the abortion is performed, and that law is
continued in effect for that purpose.
SECTION 4. This Act takes effect on the 91st day after the
last day of the legislative session.