When substantiated by credible evidence, the following acts,
practices, and conduct are considered to be violations of the Act.
The following shall not be considered an exhaustive or exclusive listing.
(1) - (5)(No change.)
(6)Discipline based on Criminal Conviction. The board
is authorized by the following separate statutes to take disciplinary
action against a licensee based on a criminal conviction:
(A)(No change.)
(B)Misdemeanors.
(i)Section 164.051(a)(2)(B) of the Act authorizes
the board to take disciplinary action based on a conviction, deferred
adjudication, community supervision, or deferred disposition for any
misdemeanor involving moral turpitude.
(ii)Chapter 53, Texas Occupations Code authorizes
the board to revoke or suspend a license on the grounds that a person
has been convicted of a misdemeanor that directly relates to the duties
and responsibilities of the licensed occupation.
(iii)For a misdemeanor involving moral turpitude,
the provisions of §164.051(a)(2) of the Medical Practice Act
and §205.351(a)(7) of the Acupuncture Act, may be based on either
conviction or a form of deferred adjudication, and therefore the board
determines that the requirements of these licensing acts are stricter
than the requirements of Chapter 53 and the board is not required
to comply with Chapter 53, pursuant to §153.0045 of the Act.
(iv)The Medical Practice Act and the Acupuncture Act
do not authorize disciplinary action based on conviction for a misdemeanor
that does not involve moral turpitude. The Physician Assistant Act
does not authorize disciplinary action based on conviction for a misdemeanor.
Therefore these licensing acts are not stricter than the requirements
of Chapter 53 in those situations. In such situations, the conviction
will be considered to directly relate to the practice of medicine
if the act:
(I)arose out of the practice of medicine, as defined
by the Act;
(II)arose out of the practice location of the physician;
(III)involves a patient or former patient;
(IV)involves any other health professional with whom
the physician has or has had a professional relationship;
(V)involves the prescribing, sale, distribution, or
use of any dangerous drug or controlled substance; or
(VI)involves the billing for or any financial arrangement
regarding any medical service;
(v)Misdemeanors involving moral turpitude. Misdemeanors
involving moral turpitude, within the meaning of the Act, are those
which have been found by Texas courts to be misdemeanors of moral
turpitude, or that involve dishonesty, fraud, deceit, misrepresentation,
[deliberate] violence, or that reflect adversely on a licensee's
honesty, trustworthiness, or fitness to practice under the scope of
the person's license.
(C)In accordance with §164.058 of the Act, the
board shall suspend the license of a licensee serving a prison term
in a state or federal penitentiary during the term of the incarceration
regardless of the offense.
(7)Violations of the Health and Safety Code. In accordance
with §164.055 of the Act, the Board shall take appropriate disciplinary
action against a physician who violates §170.002 or Chapter 171,
Texas Health and Safety Code.
(8)For purposes of §164.051(a)(4)(C) of the Texas
Occupations Code, any use of a substance listed in Schedule I, as
established by the Commissioner of the Department of State Health
Services under Chapter 481, or as established under the Comprehensive
Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. §801
et seq.) constitutes excessive use of such substance.
The agency certifies that legal counsel has
reviewed the proposal and found it to be within the state agency's
legal authority to adopt.
Filed with the Office
of
the Secretary of State on February 26, 2018
TRD-201800840 Scott Freshour
Interim Executive Director
Texas Medical Board
Earliest possible date of adoption: April 15, 2018
For further information, please call: (512) 305-7016
|
