22 Tex. Admin. Code § 185.17 : EXAMINING BOARDS — TEXAS MEDICAL BOARD — PHYSICIAN ASSISTANTS — Grounds for Denial of Licensure and for Disciplinary Action

The board may refuse to issue a license to any person and may, following notice of hearing and a hearing as provided for in the APA, take disciplinary action against any physician assistant who:

(1) fraudulently or deceptively obtains or attempts to obtain a license;

(2) fraudulently or deceptively uses a license;

(3) violates the Act, or any rules relating to the practice of a physician assistant;

(4) is convicted of a felony, or has imposition of deferred adjudication or pre-trial diversion;

(5) habitually uses drugs or intoxicating liqueurs to the extent that, in the opinion of the board, the person cannot safely perform as a physician assistant;

(6) has been adjudicated as mentally incompetent or has a mental or physical condition that renders the person unable to safely perform as a physician assistant;

(7) has committed an act of moral turpitude. An act involving moral turpitude shall be defined as an act involving baseness, vileness, or depravity in the private and social duties one owes to others or to society in general, or an act committed with knowing disregard for justice, honesty, principles, or good morals;

(8) represents that the person is a physician;

(9) has acted in an unprofessional or dishonorable manner which is likely to deceive, defraud, or injure any member of the public;

(10) has failed to practice as a physician assistant in an acceptable manner consistent with public health and welfare;

(11) has committed any act that is in violation of the laws of the State of Texas if the act is connected with practice as a physician assistant; a complaint, indictment, or conviction of a law violation is not necessary for the enforcement of this provision; proof of the commission of the act while in practice as a physician assistant or under the guise of practice as a physician assistant is sufficient for action by the board under this section;

(12) has had the person's license or other authorization to practice as a physician assistant suspended, revoked, or restricted or who has had other disciplinary action taken by another state regarding practice as a physician assistant or had disciplinary action taken by the uniformed services of the United States. A certified copy of the record of the state or uniformed services of the United States taking the action is conclusive evidence of it;

(13) fails to keep complete and accurate records of purchases and disposal of drugs listed in Chapter 483, Health and Safety Code, as required by Chapter 483, Health and Safety Code, or any subsequent rules. A failure to keep the records for a reasonable time is grounds for disciplinary action against the license of a physician assistant. The board or its representative may enter and inspect a physician assistant's place of practice during reasonable business hours for the purpose of verifying the correctness of these records and of taking inventory of the drugs on hand;

(14) writes a false or fictitious prescription for a scheduled or a dangerous drug as defined by Chapters 481 and 483, Health and Safety Code;

(15) prescribes, dispenses, or administers a drug or treatment that is nontherapeutic in nature or nontherapeutic in the manner the drug or treatment is prescribed, dispensed, or administered;

(16) unlawfully advertises in a false, misleading, or deceptive manner. Advertisements shall be defined as false, misleading, or deceptive consistent with § 101.201 of the Texas Occupations Code;

(17) alters, with fraudulent intent, any physician assistant license, certificate, or diploma;

(18) uses any physician assistant license, certificate, or diploma that has been fraudulently purchased, issued, or counterfeited or that has been materially altered;

(19) aids or abets, directly or indirectly, the practice as a physician assistant by any person not duly licensed to practice as a physician assistant by the board;

(20) is removed or suspended or has disciplinary action taken by his peers in any professional association or society, whether the association or society is local, regional, state, or national in scope, or is being disciplined by a licensed hospital or medical staff of a hospital, including removal, suspension, limitation of privileges, or other disciplinary action, if that action, in the opinion of the board, was based on unprofessional conduct or professional incompetence that was likely to harm the public. This action does not constitute state action on the part of the association, society, or hospital medical staff;

(21) has repeated or recurring meritorious health care liability claims that in the opinion of the board evidence professional incompetence likely to harm the public;

(22) through his practice as a physician assistant sexually abuses or exploits another person; or

(23) is in violation of an active board order.

22 Tex. Admin. Code § 185.17

The provisions of this §185.17 adopted to be effective November 3, 2002, 27 TexReg 10027; amended to be effective June 29, 2006, 31 TexReg 5105; Amended by Texas Register, Volume 43, Number 28, July 13, 2018, TexReg 4747, eff. 7/19/2018