| (a) The disciplinary panel shall determine from the
evidence or information presented to it whether a person's continuation
in practice constitutes a continuing threat to the public welfare.
(b) If the disciplinary panel determines that a person's
continuation in practice would constitute a continuing threat to the
public welfare, the disciplinary panel shall temporarily suspend or
restrict the license of that person.
(c) In accordance with the Act, §151.002(a)(2),
"continuing threat to the public welfare," means a real danger to
the health of a physician's patients or the public caused through
the physician's lack of competence, impaired status, or failure to
care adequately for the physician's patients. A real danger exists
if patients have an exposure to or risk of injury that is not merely
abstract, hypothetical or remote and is based on actual actions or
inactions of the physician. Information that the physician has committed
similar actions or inactions in the past shall be considered by the
disciplinary panel.
(d) The disciplinary panel may also temporarily restrict
or suspend a license of a person upon proof that a person has been
arrested for an offense under:
(1) Section 22.011(a)(2), Penal Code (sexual assault
of a child);
(2) Section 22.021(a)(1)(B), Penal Code (aggravated
sexual assault of a child);
(3) Section 21.02, Penal Code (continuous sexual abuse
of a young child or children); or
(4) Section 21.11, Penal Code (indecency with a child).
|
| Source Note: The provisions of this §187.57 adopted to be effective November 3, 2002, 27 TexReg 10027; amended to be effective November 30, 2003, 28 TexReg 10494; amended to be effective December 25, 2011, 36 TexReg 8551; amended to be effective May 6, 2013, 38 TexReg 2760 |
