Texas Occupations Code 164.011 – License Status Pending Appeal
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(a) The board‘s decision on a disciplinary matter may not be enjoined or stayed except on application to the appropriate court after notice to the board.
(b) A person may not practice medicine or deliver health care services in violation of a disciplinary order or action of the board while an appeal is pending unless the order or action is stayed by the appropriate court.
Terms Used In Texas Occupations Code 164.011
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Board: means the Texas Medical Board. See Texas Occupations Code 151.002
- Disciplinary order: means an action taken under § 164. See Texas Occupations Code 151.002
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- License holder: means a person holding a license, permit, or certificate issued under this subtitle. See Texas Occupations Code 151.002
- Person: means an individual, unless the term is expressly made applicable to a partnership, association, or corporation. See Texas Occupations Code 151.002
(c) A stay or injunction may not be granted if the license holder‘s continued practice presents a danger to the public. A stay or injunction may not be granted for a term that exceeds 120 days.