Tex. Occ. Code Section 164.004
Compliance with Due Process Requirements

(a)

Except in the case of a suspension under Section 164.059 (Temporary Suspension or Restriction of License) or under the terms of an agreement between the board and a license holder, a revocation, suspension, involuntary modification, or other disciplinary action relating to a license is not effective unless, before board proceedings are instituted:

(1)

the board gives notice, in a manner consistent with the notice requirements under Section 154.053 (Notification Concerning Complaint), to the affected license holder of the facts or conduct alleged to warrant the intended action; and

(2)

the license holder is given an opportunity to show compliance with all requirements of law for the retention of the license, at the license holder’s option, either in writing or through personal appearance at an informal meeting with one or more representatives of the board.

(b)

If the license holder chooses to personally appear and an informal meeting is held, the board’s staff and the board’s representatives are subject to the ex parte provisions of Chapter 2001 (Administrative Procedure), Government Code, with regard to contacts with board members and administrative law judges concerning the case.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Source: Section 164.004 — Compliance with Due Process Requirements, https://statutes.­capitol.­texas.­gov/Docs/OC/htm/OC.­164.­htm#164.­004 (accessed Jun. 5, 2024).

164.001
Disciplinary Authority of Board 164.002
Board Disposition of Complaints, Contested Cases, and Other Matters 164.003
Informal Proceedings 164.004
Compliance with Due Process Requirements 164.005
Initiation of Charges 164.006
Service of Notice 164.007
Administrative Hearings 164.008
Right to Counsel 164.009
Judicial Review 164.010
Monitoring of License Holder 164.011
License Status Pending Appeal 164.0015
Remedial Plan 164.0025
Delegation of Certain Complaint Dispositions 164.0031
Board Representation in Informal Proceedings 164.0032
Roles and Responsibilities of Participants in Informal Proceedings 164.0035
Dismissal of Baseless Complaint 164.0036
Notice Regarding Certain Complaints 164.051
Grounds for Denial or Disciplinary Action 164.052
Prohibited Practices by Physician or License Applicant 164.053
Unprofessional or Dishonorable Conduct 164.054
Additional Requirements Regarding Drug Records 164.055
Prohibited Acts Regarding Abortion 164.056
Physical or Mental Examination 164.057
Required Suspension or Revocation of License for Certain Offenses 164.058
Required Suspension of License of Incarcerated Physician 164.059
Temporary Suspension or Restriction of License 164.060
Report of Board Actions 164.061
Surrender of License 164.0071
Hearings on Certain Complaints 164.0072
Board Appeal of Findings of Fact and Conclusions of Law 164.101
Probation 164.102
Persons Ineligible for Probation 164.103
Rescission of Probation 164.151
Application for License Reinstatement 164.152
Application Period 164.153
Certain Persons Ineligible for Reinstatement 164.154
Effect of License Reinstatement on Certain Prosecutions or Penalties 164.201
Review by Board if Three or More Malpractice Claims 164.206
Refund 164.0551
Compliance with Certain Requirements Regarding Sonogram Before Abortion 164.0552
Prohibited Acts Regarding Gender Transitioning or Gender Reassignment Procedures and Treatments on Certain Children 164.0595
Temporary Suspension or Restriction of License for Certain Arrests
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Accessed:
Jun. 5, 2024

§ 164.004’s source at texas​.gov