Texas 2019 - 86th Regular

Texas Senate Bill SB1782 Compare Versions

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

Old	New	Differences
1	1	86R12545 JCG-F
2	2	By: Huffman S.B. No. 1782
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the denial, suspension, or revocation of licenses
8	8	issued by the Texas Medical Board for certain offenses.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 108, Occupations Code, is amended to
11	11	read as follows:
12	12	CHAPTER 108. REQUIRED LICENSE DENIAL, SUSPENSION, OR REVOCATION BY
13	13	TEXAS MEDICAL BOARD [REQUIRED] FOR CERTAIN OFFENSES [DRUG FELONY
14	14	CONVICTIONS]
15	15	Sec. 108.001. DEFINITIONS [DEFINITION]. In this chapter:
16	16	(1) "Board" [, "board"] means the Texas [State Board
17	17	of] Medical Board [Examiners].
18	18	(2) "License" means a license, certificate,
19	19	registration, permit, or other form of authorization issued by the
20	20	board and required by law to engage in an occupation or profession
21	21	regulated by the board.
22	22	Sec. 108.002. LICENSE SUSPENSION OR REVOCATION ON CERTAIN
23	23	PLEAS OR FINDING OF GUILT [CONVICTION; REVOCATION]. In accordance
24	24	with Section 108.004, the [(a) The] board shall:
25	25	(1) subject to Subdivision (2), suspend a license
26	26	[issued by the board] if the license holder during any court
27	27	proceeding pleads guilty or nolo contendere to or during the guilt
28	28	or innocence phase of the trial is found guilty of:
29	29	(A) a felony; or
30	30	(B) a misdemeanor:
31	31	(i) for which the actor is required to
32	32	register as a sex offender under Chapter 62, Code of Criminal
33	33	Procedure; or
34	34	(ii) under:
35	35	(a) Chapter 22, Penal Code, other than
36	36	a misdemeanor punishable by fine only;
37	37	(b) Section 25.07, Penal Code;
38	38	(c) Section 25.071, Penal Code;
39	39	(d) Chapter 481, Health and Safety
40	40	Code, other than an offense described by Article 42A.054(a)(14),
41	41	Code of Criminal Procedure;
42	42	(e) Chapter 483, Health and Safety
43	43	Code;
44	44	(f) Section 485.033, Health and
45	45	Safety Code; or
46	46	(g) the federal Comprehensive Drug
47	47	Abuse Prevention and Control Act of 1970 (21 U.S.C. Section 801 et
48	48	seq.) or its successor statute; or
49	49	(2) revoke a license if the license holder:
50	50	(A) during any court proceeding pleads guilty or
51	51	nolo contendere to or during the guilt or innocence phase of the
52	52	trial is found guilty of an offense:
53	53	(i) listed in Article 42A.054, Code of
54	54	Criminal Procedure; or
55	55	(ii) under Section 21.11, Penal Code; or
56	56	(B) is convicted of an offense described by
57	57	Subdivision (1), regardless of the status of any pending appeal [it
58	58	is determined at an administrative hearing that the license holder
59	59	has been convicted of a felony under Chapter 481 or 483, Health and
60	60	Safety Code, or Section 485.032 of that code].
61	61	[(b) A hearing under Subsection (a) shall be conducted under
62	62	Chapter 2001, Government Code.
63	63	[(c) The board shall revoke the license of a person whose
64	64	license is suspended under Subsection (a) on the person's final
65	65	conviction.]
66	66	Sec. 108.003. TEMPORARY SUSPENSION FOR CERTAIN ARRESTS.
67	67	(a) In accordance with Section 108.004, the board shall suspend a
68	68	license if the license holder is arrested for an offense under:
69	69	(1) Section 22.011(a)(2), Penal Code;
70	70	(2) Section 22.021(a)(1)(B), Penal Code;
71	71	(3) Section 21.02, Penal Code;
72	72	(4) Section 21.11, Penal Code;
73	73	(5) Section 43.26, Penal Code; or
74	74	(6) Section 43.262, Penal Code.
75	75	(b) The board may suspend the license of a license holder
76	76	who is arrested for an offense in which the victim of the offense
77	77	was:
78	78	(1) a child, elderly individual, or disabled
79	79	individual, as those terms are defined by Section 22.04, Penal
80	80	Code; or
81	81	(2) a patient in a hospital or health care facility at
82	82	the time the offense was committed.
83	83	(c) A suspension under this section remains in effect until
84	84	the final disposition of the case.
85	85	(d) The board shall adopt rules to implement this section,
86	86	including rules regarding evidence that serves as proof of final
87	87	disposition of a case.
88	88	Sec. 108.004. HEARING; INFORMAL SETTLEMENT CONFERENCE;
89	89	JUDICIAL REVIEW. (a) As soon as practicable after the board
90	90	discovers or receives notice that grounds exist under Section
91	91	108.002 or 108.003 requiring the board to suspend or revoke a
92	92	license holder's license, the president of the board shall:
93	93	(1) appoint a three-member disciplinary panel
94	94	consisting of board members, at least one of whom must be a
95	95	physician and one of whom must be a public member; and
96	96	(2) schedule a hearing before the disciplinary panel
97	97	on the suspension or revocation for the earliest possible date
98	98	after providing 10 days' notice of the hearing to the license
99	99	holder.
100	100	(b) At a hearing under Subsection (a), the disciplinary
101	101	panel shall:
102	102	(1) provide the respondent the opportunity to be heard
103	103	and present evidence;
104	104	(2) determine whether grounds exist under Section
105	105	108.002 or 108.003 requiring the board to suspend or revoke the
106	106	license holder's license; and
107	107	(3) if the panel finds that grounds exist under
108	108	Subdivision (2), enter an order immediately suspending or revoking
109	109	the license, as appropriate.
110	110	(c) In a hearing under Subsection (a), a disciplinary panel
111	111	may not probate the suspension of a license.
112	112	(d) Immediately following a hearing under Subsection (a),
113	113	the disciplinary panel may convene and conduct, according to board
114	114	rules, an informal settlement conference with the respondent to:
115	115	(1) propose an agreed order regarding the suspension
116	116	or revocation, as appropriate, including the probation of
117	117	suspension, that, if the respondent signs the agreed order, will be
118	118	presented to the board for board approval; or
119	119	(2) if agreement under Subdivision (1) cannot be
120	120	reached between the disciplinary panel and the respondent, refer
121	121	the suspension or revocation for formal proceedings before an
122	122	administrative law judge at the State Office of Administrative
123	123	Hearings.
124	124	(e) An agreed order under Subsection (d):
125	125	(1) is not effective unless the board approves the
126	126	order; and
127	127	(2) supersedes any order entered by a disciplinary
128	128	panel at a hearing under Subsection (a).
129	129	(f) A license holder whose license is suspended or revoked
130	130	under this section is entitled to judicial review of the suspension
131	131	or revocation under the substantial evidence rule. A petition for
132	132	judicial review under this subsection must be filed not later than
133	133	the 30th day after the date the order suspending or revoking the
134	134	license is entered.
135	135	Sec. 108.005. DENIAL OF LICENSE APPLICATION. The board
136	136	shall deny an application for a license if grounds would exist under
137	137	Section 108.002 or 108.003 requiring the board to suspend or revoke
138	138	the applicant's license if the applicant were a license holder.
139	139	Sec. 108.006 [108.003]. LICENSE REINSTATEMENT OR
140	140	REISSUANCE. (a) Except as provided by Subsection (b), the [The]
141	141	board may not reinstate or reissue a license suspended or revoked
142	142	under Section 108.002 [unless an express determination is made that
143	143	the reinstatement or reissuance of the license is in the best
144	144	interests of the public and the person whose license was suspended
145	145	or revoked].
146	146	(b) A person whose license is suspended or revoked under
147	147	Section 108.002 may apply for reinstatement or reissuance of the
148	148	license if the conviction on which the suspension or revocation is
149	149	based is set aside, vacated, or otherwise overturned on appeal [The
150	150	board must base its determination under Subsection (a) on
151	151	substantial evidence contained in an investigative report].
152	152	SECTION 2. Section 151.002(a)(3), Occupations Code, is
153	153	amended to read as follows:
154	154	(3) "Disciplinary order" means an action taken under
155	155	Section 164.001, 164.053, [164.058,] or 164.101.
156	156	SECTION 3. Sections 164.001(a) and (b), Occupations Code,
157	157	are amended to read as follows:
158	158	(a) Except for good cause shown, the board, on determining a
159	159	violation of this subtitle or a board rule or for any cause for
160	160	which the board may refuse to admit a person to its examination or
161	161	to issue or renew a license, [including an initial conviction or the
162	162	initial finding of the trier of fact of guilt of a felony or
163	163	misdemeanor involving moral turpitude,] shall:
164	164	(1) revoke or suspend a license;
165	165	(2) place on probation a person whose license is
166	166	suspended; or
167	167	(3) reprimand a license holder.
168	168	(b) The [Except as otherwise provided by Sections 164.057
169	169	and 164.058, the] board, on determining that a person committed an
170	170	act described by Sections 164.051 through 164.054, shall enter an
171	171	order to:
172	172	(1) deny the person's application for a license or
173	173	other authorization to practice medicine;
174	174	(2) administer a public reprimand;
175	175	(3) suspend, limit, or restrict the person's license
176	176	or other authorization to practice medicine, including:
177	177	(A) limiting the practice of the person to or
178	178	excluding one or more specified activities of medicine; or
179	179	(B) stipulating periodic board review;
180	180	(4) revoke the person's license or other authorization
181	181	to practice medicine;
182	182	(5) require the person to submit to care, counseling,
183	183	or treatment of physicians designated by the board as a condition
184	184	for:
185	185	(A) the issuance or renewal of a license or other
186	186	authorization to practice medicine; or
187	187	(B) continued practice under a license;
188	188	(6) require the person to participate in an
189	189	educational or counseling program prescribed by the board;
190	190	(7) require the person to practice under the direction
191	191	of a physician designated by the board for a specified period;
192	192	(8) require the person to perform public service
193	193	considered appropriate by the board; or
194	194	(9) assess an administrative penalty against the
195	195	person as provided by Section 165.001.
196	196	SECTION 4. Section 204.303(a), Occupations Code, is amended
197	197	to read as follows:
198	198	(a) The physician assistant board may take action under
199	199	Section 204.301 against an applicant or license holder who:
200	200	(1) violates this chapter or a rule adopted under this
201	201	chapter;
202	202	(2) [is convicted of a felony, placed on deferred
203	203	adjudication, or placed in a pretrial diversion program;
204	204	[(3)] violates state law if the violation is connected
205	205	with practice as a physician assistant;
206	206	(3) [(4)] fails to keep complete and accurate records
207	207	of the purchase and disposal of drugs as required by Chapter 483,
208	208	Health and Safety Code, or any subsequent rules; or
209	209	(4) [(5)] writes a false or fictitious prescription
210	210	for a dangerous drug as defined by Chapter 483, Health and Safety
211	211	Code.
212	212	SECTION 5. Section 205.351(a), Occupations Code, is amended
213	213	to read as follows:
214	214	(a) A license to practice acupuncture may be denied or,
215	215	after notice and hearing, a license holder may be subject to
216	216	disciplinary action under Section 205.352 if the license applicant
217	217	or license holder:
218	218	(1) intemperately uses drugs or intoxicating liquors
219	219	to an extent that, in the opinion of the board, could endanger the
220	220	lives of patients;
221	221	(2) obtains or attempts to obtain a license by fraud or
222	222	deception;
223	223	(3) has been adjudged mentally incompetent by a court;
224	224	(4) has a mental or physical condition that renders
225	225	the person unable to perform safely as an acupuncturist;
226	226	(5) fails to practice acupuncture in an acceptable
227	227	manner consistent with public health and welfare;
228	228	(6) violates this chapter or a rule adopted under this
229	229	chapter;
230	230	(7) [has been convicted of a crime involving moral
231	231	turpitude or a felony or is the subject of deferred adjudication or
232	232	pretrial diversion for such an offense;
233	233	[(8)] holds the person out as a physician or surgeon or
234	234	any combination or derivative of those terms unless the person is
235	235	also licensed by the medical board as a physician or surgeon;
236	236	(8) [(9)] fraudulently or deceptively uses a license;
237	237	(9) [(10)] engages in unprofessional or dishonorable
238	238	conduct that is likely to deceive, defraud, or injure a member of
239	239	the public;
240	240	(10) [(11)] commits an act in violation of state law
241	241	if the act is connected with the person's practice as an
242	242	acupuncturist;
243	243	(11) [(12)] fails to adequately supervise the
244	244	activities of a person acting under the supervision of the license
245	245	holder;
246	246	(12) [(13)] directly or indirectly aids or abets the
247	247	practice of acupuncture by any person not licensed to practice
248	248	acupuncture by the acupuncture board;
249	249	(13) [(14)] is unable to practice acupuncture with
250	250	reasonable skill and with safety to patients because of illness,
251	251	drunkenness, or excessive use of drugs, narcotics, chemicals, or
252	252	any other type of material or because of any mental or physical
253	253	condition;
254	254	(14) [(15)] is the subject of repeated or recurring
255	255	meritorious health-care liability claims that in the opinion of the
256	256	acupuncture board evidence professional incompetence likely to
257	257	injure the public;
258	258	(15) [(16)] has had a license to practice acupuncture
259	259	suspended, revoked, or restricted by another state or has been
260	260	subject to other disciplinary action by another state or by the
261	261	uniformed services of the United States regarding practice as an
262	262	acupuncturist; or
263	263	(16) [(17)] sexually abuses or exploits another
264	264	person through the license holder's practice as an acupuncturist.
265	265	SECTION 6. Section 206.203(a), Occupations Code, is amended
266	266	to read as follows:
267	267	(a) Except as provided by Section 206.206, to be eligible
268	268	for a license, a person must:
269	269	(1) be of good moral character;
270	270	(2) [have not been convicted of a felony or a crime
271	271	involving moral turpitude;
272	272	[(3)] not use drugs or alcohol to an extent that
273	273	affects the applicant's professional competency;
274	274	(3) [(4)] not have had a license or certification
275	275	revoked by a licensing agency or by a certifying professional
276	276	organization; and
277	277	(4) [(5)] not have engaged in fraud or deceit in
278	278	applying for a license under this chapter.
279	279	SECTION 7. Section 206.303(a), Occupations Code, is amended
280	280	to read as follows:
281	281	(a) The medical board may take action under Section 206.301
282	282	against an applicant or license holder who:
283	283	(1) violates this chapter or a rule adopted under this
284	284	chapter; or
285	285	(2) [is convicted of a felony, placed on deferred
286	286	adjudication, or placed in a pretrial diversion program; or
287	287	[(3)] violates state law if the violation is connected
288	288	with practice as a surgical assistant.
289	289	SECTION 8. Section 602.251, Occupations Code, is amended to
290	290	read as follows:
291	291	Sec. 602.251. GROUNDS FOR LICENSE DENIAL OR DISCIPLINARY
292	292	ACTION. The medical board may refuse to issue or renew a license,
293	293	suspend, restrict, or revoke a license, or reprimand a license
294	294	holder for:
295	295	(1) obtaining or renewing a license by means of fraud,
296	296	misrepresentation, or concealment of a material fact;
297	297	(2) having previously applied for or held a license
298	298	issued by the licensing authority of another state, territory, or
299	299	jurisdiction that was denied, suspended, or revoked by that
300	300	licensing authority;
301	301	(3) engaging in unprofessional conduct that
302	302	endangered or is likely to endanger the health, safety, or welfare
303	303	of the public as defined by medical board rule;
304	304	(4) violating this chapter, a lawful order or rule of
305	305	the medical board, or the medical board's code of ethics; or
306	306	(5) being convicted of an offense [:
307	307	[(A) a felony; or
308	308	[(B) a misdemeanor involving moral turpitude or]
309	309	that directly relates to the person's duties as a licensed medical
310	310	physicist.
311	311	SECTION 9. The following provisions of the Occupations Code
312	312	are repealed:
313	313	(1) Section 164.057;
314	314	(2) Section 164.058;
315	315	(3) Section 164.0595;
316	316	(4) Section 204.310;
317	317	(5) Section 206.311;
318	318	(6) Section 601.310; and
319	319	(7) Section 604.208.
320	320	SECTION 10. Section 108.005, Occupations Code, as added by
321	321	this Act, applies only to an application for a license, as defined
322	322	by Section 108.001, Occupations Code, as amended by this Act,
323	323	pending on or submitted on or after the effective date of this Act.
324	324	SECTION 11. Chapter 108, Occupations Code, as amended by
325	325	this Act, applies only to an offense committed on or after the
326	326	effective date of this Act. An offense committed before the
327	327	effective date of this Act is governed by the law in effect on the
328	328	date the offense was committed, and the former law is continued in
329	329	effect for that purpose. For purposes of this section, an offense
330	330	was committed before the effective date of this Act if any element
331	331	of the offense was committed before that date.
332	332	SECTION 12. The changes in law made by this Act to Chapters
333	333	108, 164, 204, 205, 206, 601, 602, and 604, Occupations Code, do not
334	334	affect the validity of a disciplinary action or other
335	335	administrative proceeding that was initiated before the effective
336	336	date of this Act and that is pending before a court or other
337	337	governmental entity on the effective date of this Act.
338	338	SECTION 13. This Act takes effect September 1, 2019.