Section 184.15 - Grounds for Denial of Licensure and for Disciplinary ActionThe board may refuse to issue a license to any person and may, following notice of hearing as provided for in the APA, take disciplinary action against any surgical assistant that:
(1) fraudulently or deceptively obtains or attempts to obtain a license;(2) fraudulently or deceptively uses a license;(3) falsely represents that the person is a physician;(4) violates the Act, or any rules relating to the practice of surgical assisting;(5) is convicted of a felony, or has imposition of deferred adjudication or pre-trial diversion;(6) habitually uses drugs or alcohol to the extent that, in the opinion of the board, the person cannot safely perform as a surgical assistant;(7) has been adjudicated as mentally incompetent or has a mental or physical condition that renders the person unable to safely perform as a surgical assistant;(8) has committed an act of moral turpitude. An act involving moral turpitude shall be defined as an act involving baseness, vileness, or depravity in the private and social duties one owes to others or to society in general, or an act committed with knowing disregard for justice, honesty, principles, or good morals;(9) has acted in an unprofessional or dishonorable manner that is likely to deceive, defraud, or injure any member of the public;(10) has failed to practice as a surgical assistant in an acceptable manner consistent with public health and welfare;(11) has committed any act that is in violation of the laws of this state if the act is connected with practice as a surgical assistant; a complaint, indictment, or conviction of a law violation is not necessary for the enforcement of this provision. Proof of the commission of the act while in practice as a surgical assistant or under the guise of practice as a surgical assistant is sufficient for action by the board under this section;(12) has had the person's license or other authorization to practice as a surgical assistant suspended, revoked, or restricted or who has had other disciplinary action taken by another state regarding practice as a surgical assistant or had disciplinary action taken by the uniformed services of the United States. A certified copy of the record of the state or uniformed services of the United States taking the action is conclusive evidence of it;(13) unlawfully advertises in a false, misleading, or deceptive manner as defined by § 101.201 of the Tex. Occ. Code;(14) alters, with fraudulent intent, any surgical assistant license, certificate, or diploma;(15) uses any surgical assistant license, certificate, or diploma that has been fraudulently purchased, issued, or counterfeited or that has been materially altered;(16) is removed or suspended or has disciplinary action taken by his peers in any professional association or society, whether the association or society is local, regional, state, or national in scope, or is being disciplined by a licensed hospital or medical staff of a hospital, including removal, suspension, limitation of privileges, or other disciplinary action, if that action, in the opinion of the board, was based on unprofessional conduct or professional incompetence that was likely to harm the public. This action does not constitute state action on the part of the association, society, or hospital medical staff;(17) has repeated or recurring meritorious health care liability claims that in the opinion of the board evidence professional incompetence likely to harm the public; or(18) sexually abuses or exploits another person during the licensee's practice as a surgical assistant.22 Tex. Admin. Code § 184.15
The provisions of this §184.15 adopted to be effective June 18, 2002, 27 TexReg 5205