Tex. Occ. Code § 164.053 · Subchapter B. LICENSE DENIAL AND DISCIPLINARY ACTIONS
UNPROFESSIONAL OR DISHONORABLE CONDUCT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) For purposes of Section 164.052(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, 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, Health and Safety Code; or
(B) controlled substances scheduled in Chapter 481, 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, Health and Safety Code; or
(B) controlled substances scheduled in Chapter 481, 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, 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).
Notes and commentary — not statutory text
History
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 of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/OC/htm/OC.164.htm
- Text hash
- sha256 d03d4ec5b431590667482533d462202c794988b56bf200b24e2c26a13ba72d1d
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Health and Safety Code
- Tex. Health & Safety Code § 311.0025AUDITS OF BILLING.Printed as Section 311.0025, Health and Safety Code
- Tex. Health & Safety Code ch. 481TEXAS CONTROLLED SUBSTANCES ACTPrinted as Chapter 481, Health and Safety Code
- Tex. Health & Safety Code ch. 483DANGEROUS DRUGSPrinted as Chapter 483, Health and Safety Code
Cited by 6 provisions
Provisions in this library whose text cites Tex. Occ. Code § 164.053. Each shows the citation as that text prints it.
Occupations Code
- Tex. Occ. Code § 151.002DEFINITIONS.Printed as Section 164.001, 164.053, 164.058, or 164.101
- Tex. Occ. Code § 155.003GENERAL ELIGIBILITY REQUIREMENTS.Printed as Section 164.051, 164.052, or 164.053
- Tex. Occ. Code § 155.006ISSUANCE OF LIMITED LICENSE.Printed as Section 164.052 or 164.053
- Tex. Occ. Code § 164.052PROHIBITED PRACTICES BY PHYSICIAN OR LICENSE APPLICANT.Printed as Section 164.053
- Tex. Occ. Code § 164.054ADDITIONAL REQUIREMENTS REGARDING DRUG RECORDS.Printed as Section 164.053(a)(2)
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.