The board may refuse to issue a license to any person and may,
following notice of hearing and a hearing as provided for in the APA,
take disciplinary action against any physician assistant who:
(1) fraudulently or deceptively obtains or attempts
to obtain a license;
(2) fraudulently or deceptively uses a license;
(3) violates the Act, or any rules relating to the
practice of a physician assistant;
(4) is convicted of a felony, or has imposition of
deferred adjudication or pre-trial diversion;
(5) habitually uses drugs or intoxicating liqueurs
to the extent that, in the opinion of the board, the person cannot
safely perform as a physician assistant;
(6) has been adjudicated as mentally incompetent or
has a mental or physical condition that renders the person unable
to safely perform as a physician assistant;
(7) has committed an act of moral turpitude. An act
involving moral turpitude shall be defined as an act involving baseness,
vileness, or depravity in the private and social duties one owes to
others or to society in general, or an act committed with knowing
disregard for justice, honesty, principles, or good morals;
(8) represents that the person is a physician;
(9) has acted in an unprofessional or dishonorable
manner which is likely to deceive, defraud, or injure any member of
the public;
(10) has failed to practice as a physician assistant
in an acceptable manner consistent with public health and welfare;
(11) has committed any act that is in violation of
the laws of the State of Texas if the act is connected with practice
as a physician assistant; a complaint, indictment, or conviction of
a law violation is not necessary for the enforcement of this provision;
proof of the commission of the act while in practice as a physician
assistant or under the guise of practice as a physician assistant
is sufficient for action by the board under this section;
(12) has had the person's license or other authorization
to practice as a physician assistant suspended, revoked, or restricted
or who has had other disciplinary action taken by another state regarding
practice as a physician assistant or had disciplinary action taken
by the uniformed services of the United States. A certified copy of
the record of the state or uniformed services of the United States
taking the action is conclusive evidence of it;
(13) fails to keep complete and accurate records of
purchases and disposal of drugs listed in Chapter 483, Health and
Safety Code, as required by Chapter 483, Health and Safety Code, or
any subsequent rules. A failure to keep the records for a reasonable
time is grounds for disciplinary action against the license of a physician
assistant. The board or its representative may enter and inspect a
physician assistant's place of practice during reasonable business
hours for the purpose of verifying the correctness of these records
and of taking inventory of the drugs on hand;
(14) writes a false or fictitious prescription for
a scheduled or a dangerous drug as defined by Chapters 481 and 483,
Health and Safety Code;
(15) prescribes, dispenses, or administers a drug or
treatment that is nontherapeutic in nature or nontherapeutic in the
manner the drug or treatment is prescribed, dispensed, or administered;
(16) unlawfully advertises in a false, misleading,
or deceptive manner. Advertisements shall be defined as false, misleading,
or deceptive consistent with §101.201 of the Texas Occupations
Code;
(17) alters, with fraudulent intent, any physician
assistant license, certificate, or diploma;
(18) uses any physician assistant license, certificate,
or diploma that has been fraudulently purchased, issued, or counterfeited
or that has been materially altered;
(19) aids or abets, directly or indirectly, the practice
as a physician assistant by any person not duly licensed to practice
as a physician assistant by the board;
(20) is removed or suspended or has disciplinary action
taken by his peers in any professional association or society, whether
the association or society is local, regional, state, or national
in scope, or is being disciplined by a licensed hospital or medical
staff of a hospital, including removal, suspension, limitation of
privileges, or other disciplinary action, if that action, in the opinion
of the board, was based on unprofessional conduct or professional
incompetence that was likely to harm the public. This action does
not constitute state action on the part of the association, society,
or hospital medical staff;
(21) has repeated or recurring meritorious health care
liability claims that in the opinion of the board evidence professional
incompetence likely to harm the public;
(22) through his practice as a physician assistant
sexually abuses or exploits another person; or
(23) is in violation of an active board order.
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