Tex. Occ. Code Section 164.053
Unprofessional or Dishonorable Conduct


(a)

For purposes of Section 164.052 (Prohibited Practices by Physician or License Applicant)(a)(5), unprofessional or dishonorable conduct likely to deceive or defraud the public includes conduct in which a physician:

(1)

commits an act that violates any state or federal law if the act is connected with the physician’s practice of medicine;

(2)

fails to keep complete and accurate records of purchases and disposals of:

(A)

drugs listed in Chapter 481 (Texas Controlled Substances Act), Health and Safety Code; or

(B)

controlled substances scheduled in the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. Section 801 et seq.);

(3)

writes prescriptions for or dispenses to a person who:

(A)

is known to be an abuser of narcotic drugs, controlled substances, or dangerous drugs; or

(B)

the physician should have known was an abuser of narcotic drugs, controlled substances, or dangerous drugs;

(4)

writes false or fictitious prescriptions for:

(A)

dangerous drugs as defined by Chapter 483 (Dangerous Drugs), Health and Safety Code; or

(B)

controlled substances scheduled in Chapter 481 (Texas Controlled Substances Act), Health and Safety Code, or the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. Section 801 et seq.);

(5)

prescribes or administers a drug or treatment that is nontherapeutic in nature or nontherapeutic in the manner the drug or treatment is administered or prescribed;

(6)

prescribes, administers, or dispenses in a manner inconsistent with public health and welfare:

(A)

dangerous drugs as defined by Chapter 483 (Dangerous Drugs), Health and Safety Code; or

(B)

controlled substances scheduled in Chapter 481 (Texas Controlled Substances Act), Health and Safety Code, or the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. Section 801 et seq.);

(7)

violates Section 311.0025 (Audits of Billing), Health and Safety Code;

(8)

fails to supervise adequately the activities of those acting under the supervision of the physician; or

(9)

delegates professional medical responsibility or acts to a person if the delegating physician knows or has reason to know that the person is not qualified by training, experience, or licensure to perform the responsibility or acts.

(b)

A complaint, indictment, or conviction of a violation of law is not necessary for the enforcement of Subsection (a)(1). Proof of the commission of the act while in the practice of medicine or under the guise of the practice of medicine is sufficient for the board’s action.

(c)

Subsection (a)(3) does not apply to a person the physician is treating for:

(1)

the person’s use of narcotics after the physician notifies the board in writing of the name and address of the person being treated; or

(2)

intractable pain under the Intractable Pain Treatment Act (Article 4495c, Revised Statutes).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.034(a), eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 202, Sec. 32, eff. June 10, 2003.

Source: Section 164.053 — Unprofessional or Dishonorable Conduct, https://statutes.­capitol.­texas.­gov/Docs/OC/htm/OC.­164.­htm#164.­053 (accessed Mar. 23, 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:
Mar. 23, 2024

§ 164.053’s source at texas​.gov