Tex. Occ. Code § 206.305 · Subchapter G. DISCIPLINARY PROCEEDINGS
REHABILITATION ORDER.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) The medical board, through an agreed order or after a contested case proceeding, may impose a rehabilitation order on an applicant, as a prerequisite for issuing a license, or on a license holder based on:
(1) the person's intemperate use of drugs or alcohol directly resulting from habituation or addiction caused by medical care or treatment provided by a physician;
(2) the person's intemperate use of drugs or alcohol during the five years preceding the date of the report that could adversely affect the person's ability to safely practice as a surgical assistant, if the person:
(A) reported the use;
(B) has not previously been the subject of a substance abuse related order of the medical board; and
(C) has not committed a violation of the standard of care as a result of the intemperate use of drugs or alcohol;
(3) a judgment by a court that the person is of unsound mind; or
(4) the results of a mental or physical examination, or an admission by the person, indicating that the person suffers from a potentially dangerous limitation or an inability to practice as a surgical assistant with reasonable skill and safety because of illness or any other physical or mental condition.
(b) The medical board may not issue an order under this section if, before the individual signs the proposed order, the board receives a valid complaint with regard to the individual based on the individual's intemperate use of drugs or alcohol in a manner affecting the standard of care.
(c) The medical board must determine whether an individual has committed a standard of care violation described by Subsection (a)(2) before imposing an order under this section.
(d) The medical board may disclose a rehabilitation order to a local or statewide private medical or surgical assistant association only as provided by Section 206.3075.
Notes and commentary — not statutory text
History
Added by Acts 2001, 77th Leg., ch. 1014, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 4.04, eff. September 1, 2005.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/OC/htm/OC.206.htm
- Text hash
- sha256 9c64fd83f16e55a472cd1a3fc1fe19a13da41fd8e5ba0007e9429b39430b381c
- 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.
Cited by 4 provisions
Provisions in this library whose text cites Tex. Occ. Code § 206.305. Each shows the citation as that text prints it.
Occupations Code
- Tex. Occ. Code § 206.301DISCIPLINARY ACTIONS BY THE MEDICAL BOARD.Printed as Section 206.305
- Tex. Occ. Code § 206.306EFFECT OF REHABILITATION ORDER.Printed as Section 206.305
- Tex. Occ. Code § 206.307AUDIT OF REHABILITATION ORDER.Printed as Section 206.305
- Tex. Occ. Code § 206.3075RESPONSIBILITIES OF PRIVATE ASSOCIATIONS.Printed as Section 206.305
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.