Bill Text: TX HB86 | 2017 | 85th Legislature 1st Special Session | Introduced


Bill Title: Relating to prohibited acts for a physician or applicant for a medical license.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2017-07-20 - Referred to State Affairs [HB86 Detail]

Download: Texas-2017-HB86-Introduced.html
  85S10131 AJZ-D
 
  By: Swanson H.B. No. 86
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to prohibited acts for a physician or applicant for a
  medical license.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 164.052(a), Occupations Code, as
  effective September 1, 2017, is amended to read as follows:
         (a)  A physician or an applicant for a license to practice
  medicine commits a prohibited practice if that person:
               (1)  submits to the board a false or misleading
  statement, document, or certificate in an application for a
  license;
               (2)  presents to the board a license, certificate, or
  diploma that was illegally or fraudulently obtained;
               (3)  commits fraud or deception in taking or passing an
  examination;
               (4)  uses alcohol or drugs in an intemperate manner
  that, in the board's opinion, could endanger a patient's life;
               (5)  commits unprofessional or dishonorable conduct
  that is likely to deceive or defraud the public, as provided by
  Section 164.053, or injure the public;
               (6)  uses an advertising statement that is false,
  misleading, or deceptive;
               (7)  advertises professional superiority or the
  performance of professional service in a superior manner if that
  advertising is not readily subject to verification;
               (8)  purchases, sells, barters, or uses, or offers to
  purchase, sell, barter, or use, a medical degree, license,
  certificate, or diploma, or a transcript of a license, certificate,
  or diploma in or incident to an application to the board for a
  license to practice medicine;
               (9)  alters, with fraudulent intent, a medical license,
  certificate, or diploma, or a transcript of a medical license,
  certificate, or diploma;
               (10)  uses a medical license, certificate, or diploma,
  or a transcript of a medical license, certificate, or diploma that
  has been:
                     (A)  fraudulently purchased or issued;
                     (B)  counterfeited; or
                     (C)  materially altered;
               (11)  impersonates or acts as proxy for another person
  in an examination required by this subtitle for a medical license;
               (12)  engages in conduct that subverts or attempts to
  subvert an examination process required by this subtitle for a
  medical license;
               (13)  impersonates a physician or permits another to
  use the person's license or certificate to practice medicine in
  this state;
               (14)  directly or indirectly employs a person whose
  license to practice medicine has been suspended, canceled, or
  revoked;
               (15)  associates in the practice of medicine with a
  person:
                     (A)  whose license to practice medicine has been
  suspended, canceled, or revoked; or
                     (B)  who has been convicted of the unlawful
  practice of medicine in this state or elsewhere;
               (16)  performs or procures a criminal abortion, aids or
  abets in the procuring of a criminal abortion, attempts to perform
  or procure a criminal abortion, or attempts to aid or abet the
  performance or procurement of a criminal abortion;
               (17)  directly or indirectly aids or abets the practice
  of medicine by a person, partnership, association, or corporation
  that is not licensed to practice medicine by the board;
               (18)  performs an abortion on a woman who is pregnant
  with a viable unborn child during the third trimester of the
  pregnancy unless:
                     (A)  the abortion is necessary to prevent the
  death of the woman;
                     (B)  the viable unborn child has a severe,
  irreversible brain impairment; or
                     (C)  the woman is diagnosed with a significant
  likelihood of suffering imminent severe, irreversible brain damage
  or imminent severe, irreversible paralysis;
               (19)  performs an abortion on an unemancipated minor
  without the written consent of the child's parent, managing
  conservator, or legal guardian or without a court order, as
  provided by Section 33.003 or 33.004, Family Code, unless the
  abortion is necessary due to a medical emergency, as defined by
  Section 171.002, Health and Safety Code;
               (20)  otherwise performs an abortion on an
  unemancipated minor in violation of Chapter 33, Family Code; [or]
               (21)  performs or induces or attempts to perform or
  induce an abortion in violation of Subchapter C, F, or G, Chapter
  171, Health and Safety Code; or
               (22)  notwithstanding Subdivisions (18)-(21) or any
  other law, performs an abortion on a woman unless:
                     (A)  there exists a condition that, in a
  physician's reasonable medical judgment, so complicates the
  medical condition of the woman that, to avert the woman's death or a
  serious risk of substantial and irreversible physical impairment of
  a major bodily function, other than a psychological condition, it
  necessitates the abortion; or
                     (B)  if the woman is pregnant with multiple unborn
  children, the abortion is necessary to ensure that at least one
  unborn child is born alive and healthy.
         SECTION 2.  Section 164.055, Occupations Code, as effective
  September 1, 2017, is amended to read as follows:
         Sec. 164.055.  PROHIBITED ACTS REGARDING ABORTION. (a)  The
  board shall take an appropriate disciplinary action against a
  physician who violates Section 170.002 or Chapter 171, Health and
  Safety Code, and shall revoke the license of a physician who
  violates Section 164.052(a)(22) of this code.  The board shall
  refuse to admit to examination or refuse to issue a license or
  renewal license to a person who violates any of those provisions 
  [that section or chapter].
         (b)  The sanctions provided by Subsection (a) are in addition
  to any other grounds for refusal to admit persons to examination
  under this subtitle or to issue a license or renew a license to
  practice medicine under this subtitle.  The criminal penalties
  provided by Section 165.152 do not apply to a violation of Section
  170.002, Health and Safety Code, [or] Subchapter C, F, or G, Chapter
  171, Health and Safety Code, or Section 164.052(a)(22) of this
  code.
         SECTION 3.  Sections 164.052 and 164.055, Occupations Code,
  as amended by this Act, apply only to an abortion performed on or
  after the effective date of this Act. An abortion performed before
  the effective date of this Act is governed by the law applicable to
  the abortion on the date the abortion is performed, and that law is
  continued in effect for that purpose.
         SECTION 4.  This Act takes effect on the 91st day after the
  last day of the legislative session.
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