88R2619 SCP-D
By: Johnson of Dallas H.B. No. 1998
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of physicians and the disciplinary
authority of the Texas Medical Board.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 154.006, Occupations Code, is amended by
adding Subsection (m) to read as follows:
(m) At least once each month, the board shall search the
National Practitioner Data Bank and update a physician's profile to
include any new report of disciplinary action against the
physician.
SECTION 2. Section 160.002, Occupations Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) A medical peer review committee or health care entity
shall report in writing to the National Practitioner Data Bank the
results and circumstances of a medical peer review that adversely
affects the clinical privileges of a physician for not more than 30
days.
SECTION 3. Section 164.051, Occupations Code, is amended by
amending Subsections (a) and (d) and adding Subsection (e) to read
as follows:
(a) The board may refuse to admit a person to its
examination or refuse to issue a license to practice medicine and
may take disciplinary action against a person if the person:
(1) commits an act prohibited under Section 164.052;
(2) is convicted of, or is placed on deferred
adjudication community supervision or deferred disposition for:
(A) a felony; or
(B) a misdemeanor involving moral turpitude;
(3) commits or attempts to commit a direct or indirect
violation of a rule adopted under this subtitle, either as a
principal, accessory, or accomplice;
(4) is unable to practice medicine with reasonable
skill and safety to patients because of:
(A) illness;
(B) drunkenness;
(C) excessive use of drugs, narcotics,
chemicals, or another substance; or
(D) a mental or physical condition;
(5) is found by a court judgment to be of unsound mind;
(6) fails to practice medicine in an acceptable
professional manner consistent with public health and welfare;
(7) is removed, suspended, or is subject to
disciplinary action taken by the person's peers in a local,
regional, state, or national professional medical association or
society, or is disciplined by a licensed hospital or medical staff
of a hospital, including removal, suspension, limitation of
hospital privileges, or other disciplinary action, if the board
finds that the action:
(A) was based on unprofessional conduct or
professional incompetence that was likely to harm the public; and
(B) was appropriate and reasonably supported by
evidence submitted to the board;
(8) is subject to repeated or recurring meritorious
health care liability claims that in the board's opinion evidence
professional incompetence likely to injure the public; or
(9) except as provided by Subsections [Subsection] (d)
and (e), holds a license to practice medicine subject to
disciplinary action by another state, or subject to disciplinary
action by the uniformed services of the United States, based on acts
by the person that are prohibited under Section 164.052 or are
similar to acts described by this subsection.
(d) The board shall refuse to issue a license under this
subtitle if the applicant held a license to practice medicine in
another state that has been revoked by the licensing authority in
that state.
(e) The board shall revoke a license issued under this
subtitle if the license holder, while holding the license under
this subtitle, held a license to practice medicine in another state
that has been revoked by the licensing authority in that state.
SECTION 4. This Act takes effect September 1, 2023.