SECTION 187.70. Purposes and Construction

The purpose of this subchapter is to set forth a procedure for the suspension of a medical license in the case of initial conviction of certain offenses, initial findings by a trier of fact of guilt of certain drug-related felonies, or the incarceration of a physician in a state or federal penitentiary, as provided in §§164.057 - 164.058 of the Act. The board interprets this statute as providing for suspension by operation of law and that an initial conviction occurs when there has been adjudication of guilt of the offense charged, including, but not limited to, a finding of guilt by a jury or judge. Since the board's role in such circumstances is limited to whether the licensee has been initially convicted of certain offenses or is incarcerated, the board has determined that the procedures set forth in this subchapter will provide due process to the licensee and protect the public.

Source Note: The provisions of this §187.70 adopted to be effective July 3, 2007, 32 TexReg 3994; amended to be effective January 20, 2009, 34 TexReg 340; amended to be effective May 5, 2011, 36 TexReg 2728; amended to be effective July 9, 2015, 40 TexReg 4355