Sec. 263.004. TEMPORARY SUSPENSION IN EMERGENCY. (a) If the board or an executive committee of the board determines from the evidence or information presented that the continued practice by a person licensed under this subtitle, or the continued performance by a person licensed under this subtitle of a procedure for which the person holds a permit issued by the board, would constitute a clear, imminent, or continuing threat to a person's physical health or well-being, the board or the executive committee shall temporarily suspend the person's license or permit, as applicable.
(b) The board may not temporarily suspend a license or permit under this section without notice or hearing unless at the time of the temporary suspension the board or the executive committee requests the State Office of Administrative Hearings to set a date for a hearing on the temporary suspension.
(c) The State Office of Administrative Hearings shall hold a hearing not later than the 30th day after the date the license or permit is suspended unless the license or permit holder requests a continuance. The State Office of Administrative Hearings shall hold a second hearing on the suspension and on any other action to be taken against the license or permit holder not later than the 60th day after:
(1) the date the license or permit is temporarily suspended; or
(2) the date specified in the continuance requested by the license or permit holder.
(d) If the State Office of Administrative Hearings does not hold a hearing within the time provided by Subsection (c), the suspended license or permit is automatically reinstated.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1249, Sec. 9, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 810 (S.B. 610), Sec. 6, eff. September 1, 2005.
Structure Texas Statutes
Chapter 263 - License Denial and Disciplinary Proceedings
Section 263.001. Grounds for Refusal to Issue License; Application of Open Meetings Law
Section 263.002. Grounds for Disciplinary Action in General
Section 263.0025. Submission to Mental or Physical Evaluation
Section 263.004. Temporary Suspension in Emergency
Section 263.006. Suspension or Revocation Required for Certain Drug Offenses
Section 263.0065. Delegation of Certain Complaint Dispositions
Section 263.007. Informal Proceeding
Section 263.0071. Dental Review Committee
Section 263.0072. Informal Settlement Conference Panel
Section 263.0073. Roles and Responsibilities of Participants in Informal Settlement Conference
Section 263.0074. Dismissal of Baseless Complaint
Section 263.0076. Informal Settlement Conference Notice Regarding Certain Complaints