Texas Occupations Code 164.102 – Persons Ineligible for Probation
(a) The board may not grant probation to a physician who constitutes, through the practice of medicine, a continuing threat to the public welfare.
(b) Except on an express determination, based on substantial evidence, that granting probation is in the best interests of the public and of the person whose license has been suspended, revoked, or canceled, the board may not grant probation to a person whose license has been canceled, revoked, or suspended because of a felony conviction under:
(1) Chapter 481 or 483, Health and Safety Code;
(2) § 485.033, Health and Safety Code;
(3) the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. § 801 et seq.); or
(4) any of the following sections of the Penal Code:
(A) § 22.011(a)(2) (sexual assault of a child);
(B) § 22.021(a)(1)(B) (aggravated sexual assault of a child);
(C) § 21.02 (continuous sexual abuse of young child or disabled individual); or
(D) § 21.11 (indecency with a child).
Terms Used In Texas Occupations Code 164.102
- Board: means the Texas Medical Board. See Texas Occupations Code 151.002
- Continuing threat to the public welfare: means a real danger to the health of a physician's patients or to the public from the acts or omissions of the physician caused through the physician's lack of competence, impaired status, or failure to care adequately for the physician's patients, as determined by:
(A) the board;
(B) a medical peer review committee in this state;
(C) a physician licensed to practice medicine in this state or otherwise lawfully practicing medicine in this state;
(D) a physician engaged in graduate medical education or training; or
(E) a medical student. See Texas Occupations Code 151.002 - Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: means an individual, unless the term is expressly made applicable to a partnership, association, or corporation. See Texas Occupations Code 151.002
- Physician: means a person licensed to practice medicine in this state. See Texas Occupations Code 151.002
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.