Texas 2023 - 88th Regular

Texas House Bill HB776 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Harrison H.B. No. 776
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to prohibited practices by physicians.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 164.052 (a), Occupations Code, is
9	9	amended to read as follows:
10	10	Sec. 164.052. PROHIBITED PRACTICES BY PHYSICIAN OR LICENSE
11	11	APPLICANT. (a) A physician or an applicant for a license to
12	12	practice medicine commits a prohibited practice if that person:
13	13	(1) submits to the board a false or misleading
14	14	statement, document, or certificate in an application for a
15	15	license;
16	16	(2) presents to the board a license, certificate, or
17	17	diploma that was illegally or fraudulently obtained;
18	18	(3) commits fraud or deception in taking or passing an
19	19	examination;
20	20	(4) uses alcohol or drugs in an intemperate manner
21	21	that, in the board's opinion, could endanger a patient's life;
22	22	(5) commits unprofessional or dishonorable conduct
23	23	that is likely to deceive or defraud the public, as provided by
24	24	Section 164.053, or injure the public;
25	25	(6) uses an advertising statement that is false,
26	26	misleading, or deceptive;
27	27	(7) advertises professional superiority or the
28	28	performance of professional service in a superior manner if that
29	29	advertising is not readily subject to verification;
30	30	(8) purchases, sells, barters, or uses, or offers to
31	31	purchase, sell, barter, or use, a medical degree, license,
32	32	certificate, or diploma, or a transcript of a license, certificate,
33	33	or diploma in or incident to an application to the board for a
34	34	license to practice medicine;
35	35	(9) alters, with fraudulent intent, a medical license,
36	36	certificate, or diploma, or a transcript of a medical license,
37	37	certificate, or diploma;
38	38	(10) uses a medical license, certificate, or diploma,
39	39	or a transcript of a medical license, certificate, or diploma that
40	40	has been:
41	41	(A) fraudulently purchased or issued;
42	42	(B) counterfeited; or
43	43	(C) materially altered;
44	44	(11) impersonates or acts as proxy for another person
45	45	in an examination required by this subtitle for a medical license;
46	46	(12) engages in conduct that subverts or attempts to
47	47	subvert an examination process required by this subtitle for a
48	48	medical license;
49	49	(13) impersonates a physician or permits another to
50	50	use the person's license or certificate to practice medicine in
51	51	this state;
52	52	(14) directly or indirectly employs a person whose
53	53	license to practice medicine has been suspended, canceled, or
54	54	revoked;
55	55	(15) associates in the practice of medicine with a
56	56	person:
57	57	(A) whose license to practice medicine has been
58	58	suspended, canceled, or revoked; or
59	59	(B) who has been convicted of the unlawful
60	60	practice of medicine in this state or elsewhere;
61	61	(16) performs or procures a criminal abortion, aids or
62	62	abets in the procuring of a criminal abortion, attempts to perform
63	63	or procure a criminal abortion, or attempts to aid or abet the
64	64	performance or procurement of a criminal abortion;
65	65	(17) directly or indirectly aids or abets the practice
66	66	of medicine by a person, partnership, association, or corporation
67	67	that is not licensed to practice medicine by the board;
68	68	(18) performs an abortion on a woman who is pregnant
69	69	with a viable unborn child during the third trimester of the
70	70	pregnancy unless:
71	71	(A) the abortion is necessary to prevent the
72	72	death of the woman;
73	73	(B) the viable unborn child has a severe,
74	74	irreversible brain impairment; or
75	75	(C) the woman is diagnosed with a significant
76	76	likelihood of suffering imminent severe, irreversible brain damage
77	77	or imminent severe, irreversible paralysis;
78	78	(19) performs an abortion on an unemancipated minor
79	79	without the written consent of the child's parent, managing
80	80	conservator, or legal guardian or without a court order, as
81	81	provided by Section 33.003 or 33.004, Family Code, unless the
82	82	abortion is necessary due to a medical emergency, as defined by
83	83	Section 171.002, Health and Safety Code;
84	84	(20) otherwise performs an abortion on an
85	85	unemancipated minor in violation of Chapter 33, Family Code;
86	86	(21) performs or induces or attempts to perform or
87	87	induce an abortion in violation of Subchapter C, F, or G, Chapter
88	88	171, Health and Safety Code;
89	89	(22) in complying with the procedures outlined in
90	90	Sections 166.045 and 166.046, Health and Safety Code, wilfully
91	91	fails to make a reasonable effort to transfer a patient to a
92	92	physician who is willing to comply with a directive; or
93	93	(23) performs or delegates to another individual the
94	94	performance of a pelvic examination on an anesthetized or
95	95	unconscious patient in violation of Section 167A.002, Health and
96	96	Safety Code.
97	97	(24) performs the following therapies and procedures
98	98	for the treatment of gender dysphoria in minors:
99	99	(a) Sex reassignment surgeries, or
100	100	any other surgical procedures, that alter primary or secondary
101	101	sexual characteristics; or
102	102	(b) Puberty blocking, hormone, and
103	103	hormone antagonist therapies, except minors being treated with
104	104	puberty blocking, hormone, or hormone antagonist therapies prior
105	105	to the effective date of this subsection may continue with such
106	106	therapies.
107	107	SECTION 2. This Act takes effect immediately if it receives
108	108	a vote of two-thirds of all the members elected to each house, as
109	109	provided by Section 39, Article III, Texas Constitution. If this
110	110	Act does not receive the vote necessary for immediate effect, this
111	111	Act takes effect September 1, 2023.