Tex. Occ. Code Section 164.051
Grounds for Denial or Disciplinary Action


(a)

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 (Prohibited Practices by Physician or License Applicant);

(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 (Prohibited Practices by Physician or License Applicant) 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)

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)

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.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 202, Sec. 31, eff. June 10, 2003.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 827 (H.B. 1998), Sec. 10, eff. September 1, 2023.

Source: Section 164.051 — Grounds for Denial or Disciplinary Action, https://statutes.­capitol.­texas.­gov/Docs/OC/htm/OC.­164.­htm#164.­051 (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

Accessed:
Jun. 5, 2024

§ 164.051’s source at texas​.gov