These disciplinary sanction guidelines are designed to provide guidance in assessing sanctions for violations of the Medical Practice Act. The ultimate purpose of disciplinary sanctions is to protect the public, deter future violations, offer opportunities for rehabilitation if appropriate, punish violators, and deter others from violations. These guidelines are intended to promote consistent sanctions for similar violations, facilitate timely resolution of cases, and encourage settlements. (1) - (6)(No change). (7)The following standard sanctions shall apply to violations of the Act: (A) - (E)(No change). (F)Arrest or Conviction of Certain Misdemeanors [may be either an administrative violation or a patient care violation, depending on the facts underlying the offense]. (i)In accordance with §164.057(a)(1)(B), (C), (D), and (E) of the Act, the board shall suspend a licensee's license on proof that the licensee has been initially convicted any of the following misdemeanors: [(I)a misdemeanor under Chapter 22, Penal Code, other than a misdemeanor punishable by fine only;] (I) [(II)] a misdemeanor on conviction of which a defendant is required to register as a sex offender under Chapter 62, Code of Criminal Procedure; (II) [(III)] a misdemeanor under §25.07, Penal Code, or (III) [ (IV)] a misdemeanor under §25.071, Penal Code. (ii)In accordance with §164.057(b) of the Act, the board shall revoke the licensee's license on final conviction of any of the [these] misdemeanors listed in clause (i) of this subparagraph. (iii)In accordance with §164.057(c) of the Act, the board shall revoke the license of a physician convicted of or placed on deferred adjudication community supervision for an offense under: (I)Section 22.011(a)(2), Penal Code (sexual assault of a child); (II)Section 22.021(a)(1)(B), Penal Code (aggravated sexual assault of a child); or (III)Section 21.11, Penal Code (indecency with a child). (G) - (Y)(No change.)
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the
agency's
legal authority to adopt.
Filed
with the Office of the Secretary of State on September 19, 2011
TRD-201103851 Mari Robinson, J.D.
Executive Director
Texas Medical Board
Earliest possible date of adoption: October 30, 2011
For further information, please call: (512) 305-7016
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