McLaughlin Bill Gives Doctors With Felony Records A Path Back

The text as introduced · 783 words

By: McLaughlin
H.B. No. 4255

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of physicians and the disciplinary

authority of the Texas Medical Board.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 164.051, Occupations Code is amended by

amending Subsection (a) and adding Subsections (f) and (g) to read

as follows:

(a) Except as provided in Subsection (f), the [ The ] board

may refuse to admit a person to its examination or refuse to issue a

license to practice medicine and may take disciplinary action

against a person if the person:

(1) commits an act prohibited under Section 164.052;

(2) is convicted of, or is placed on deferred

adjudication community supervision or deferred disposition for:

(A) a felony; or

(B) a misdemeanor involving moral turpitude;

(3) commits or attempts to commit a direct or indirect

violation of a rule adopted under this subtitle, either as a

principal, accessory, or accomplice;

(4) is unable to practice medicine with reasonable

skill and safety to patients because of:

(A) illness;

(B) drunkenness;

(C) excessive use of drugs, narcotics,

chemicals, or another substance; or

(D) a mental or physical condition;

(5) is found by a court judgment to be of unsound mind;

(6) fails to practice medicine in an acceptable

professional manner consistent with public health and welfare;

(7) is removed, suspended, or is subject to

disciplinary action taken by the person's peers in a local,

regional, state, or national professional medical association or

society, or is disciplined by a licensed hospital or medical staff

of a hospital, including removal, suspension, limitation of

hospital privileges, or other disciplinary action, if the board

finds that the action:

(A) was based on unprofessional conduct or

professional incompetence that was likely to harm the public; and

(B) was appropriate and reasonably supported by

evidence submitted to the board;

(8) is subject to repeated or recurring meritorious

health care liability claims that in the board's opinion evidence

professional incompetence likely to injure the public; or

(9) except as provided by Subsections (d) and (e),

holds a license to practice medicine subject to disciplinary action

by another state, or subject to disciplinary action by the

uniformed services of the United States, based on acts by the person

that are prohibited under Section 164.052 or are similar to acts

described by this subsection.

(b) Action taken by a professional medical association,

society, or hospital medical staff under Subsection (a)(7) does not

constitute state action.

(c) A certified copy of the record of another state that

takes action described by Subsection (a)(9) or (d) is conclusive

evidence of that action.

(d) Except as provided in Subsection (f), the [ The ] board

shall refuse to issue a license under this subtitle if the applicant

held a license to practice medicine in another state that has been

revoked by the licensing authority in that state for a reason that

would be grounds for the board to revoke a license to practice

medicine in this state.

(e) Except as provided in Subsection (f), the [ The ] board

shall revoke a license issued under this subtitle if the license

holder, while holding the license under this subtitle, held a

license to practice medicine in another state that has been revoked

by the licensing authority in that state for a reason that would be

grounds for the board to revoke a license to practice medicine in

this state.

(f) The board may issue a license to practice medicine to a

person convicted of, or placed on deferred adjudication community

supervision or deferred disposition for a felony if:

(1) prior to the conviction, deferred adjudication

community supervision, or deferred disposition, the person was

licensed to practice medicine in this state;

(2) the person has:

(A) served any sentence resulting from the felony

conviction;

(B) completed any deferred adjudication

community service or deferred disposition ordered in connection

with the felony; and

(C) paid any fines applicable, or restitution

ordered by a court, in connection with the sentencing for the

felony;

(3) the felony was a nonviolent property felony; and

(4) the person is otherwise eligible to hold a license

to practice medicine under this subtitle.

(g) In this section, "Nonviolent property felony" means a

felony offense under state law, federal law, or the laws of a

federally recognized Indian tribe that does not have as an element

the intentional or knowing use, attempted use, or threatened use of

force or deadly force against any person, including or similar to a

felony offense under Chapters 31 through 35A, or 37, Penal Code.

SECTION 2. This Act takes effect on the 91st day after the

last day of the legislative session.