Texas Occupations Code 164.103 – Rescission of Probation
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(a) At any time during a probation term, on a showing of adequate grounds, the board may hold a hearing and, on proof of a violation of the probation order, may:
(1) rescind the probation and enforce the board’s original order; and
(2) impose any disciplinary action permitted under § 164.001 in addition to or instead of enforcing the original order.
(b) The board shall revoke or suspend a probationer’s license if the board determines that the probationer constitutes, through the practice of medicine, a continuing threat to the public welfare.
Terms Used In Texas Occupations Code 164.103
- 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 - Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(c) A hearing to rescind probation is subject to the requirements established under this chapter for other charges.