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.