SOC vs NSOC Flashcards
164.051 (a)(4) - Impairment - sec. 02
Inability to practice medicine reasonable skill and safety due to illness or substance abuse.
164.052(a)(4) - Impairment sec. 02
Intemperate use of alcohol and drugs
164.051(a)(2) - Arrest sec. 02
Conviction of a felony or misdemeanor involving moral turpitude *see statute for description of moral turpitude.”
Board Rule 190.8(2) - Sec.02
(2) Unprofessional and Dishonorable Conduct. Unprofessional and dishonorable conduct that is likely to deceive, defraud, or injure the public within the meaning of the Act
164.052 (a)(6) - Advertising - Sec.02
False misleading, or deceptive advertising
164.052(a)(7)-Advertising-Sec.02
Advertising professional superiority
159.006 -Sec.02
Failure to comply with Board Subpoena
Board Rule 179.4(e) - Sec.02
(a) Medical records. Upon the request by the board or board representatives, a licensee shall furnish to the board copies of medical records or the original records within a reasonable time period, as prescribed at the time of the request. “Reasonable time,” as used in this section, shall mean fourteen calendar days or a shorter time if required by the urgency of the situation or the possibility that the records may be lost, damaged, or destroyed.
Board Rule 190.8(2)(b) - Sec.02
(2) Unprofessional and Dishonorable Conduct. Unprofessional and dishonorable conduct that is likely to deceive, defraud, or injure the public within the meaning of the Act includes, but is not limited to:
(B) failing to comply with a board subpoena or request for information or action;
159.006 - Sec. 02
Failure to release medical records
164.052(A)(5) - Sec. 02
Unprofessional Conduct
Board Rule 190.8(2) - Sec. 02
(2) Unprofessional and Dishonorable Conduct. Unprofessional and dishonorable conduct that is likely to deceive, defraud, or injure the public within the meaning of the Act includes, but is not limited to:
(A) violating a board order;
(B) failing to comply with a board subpoena or request for information or action;
(C) providing false information to the board;
(D) failing to cooperate with board staff;
(E) engaging in sexual contact with a patient;
(F) engaging in sexually inappropriate behavior or comments directed towards a patient;
(G) becoming financially or personally involved with a patient in an inappropriate manner;
(H) referring a patient to a facility, laboratory, or pharmacy without disclosing the existence of the licensee’s ownership interest in the entity to the patient;
(I) using false, misleading, or deceptive advertising;
(J) providing medically unnecessary services to a patient or submitting a billing statement to a patient or a third party payer that the licensee knew or should have known was improper. “Improper” means the billing statement is false, fraudulent, misrepresents services provided, or otherwise does not meet professional standards;
(K) behaving in an abusive or assaultive manner towards a patient or the patient’s family or representatives that interferes with patient care or could be reasonably expected to adversely impact the quality of care rendered to a patient;
(L) failing to timely respond to communications from a patient;
(M) failing to complete the required amounts of CME;
(N) failing to maintain the confidentiality of a patient;
(O) failing to report suspected abuse of a patient by a third party, when the report of that abuse is required by law;
(P) behaving in a disruptive manner toward licensees, hospital personnel, other medical personnel, patients, family members or others that interferes with patient care or could be reasonably expected to adversely impact the quality of care rendered to a patient;
(Q) entering into any agreement whereby a licensee, peer review committee, hospital, medical staff, or medical society is restricted in providing information to the board; and
(R) commission of the following violations of federal and state laws whether or not there is a complaint, indictment, or conviction:
(i) any felony;
(ii) any offense in which assault or battery, or the attempt of either is an essential element;
(iii) any criminal violation of the Medical Practice Act or other statutes regulating or pertaining to the practice of medicine;
(iv) any criminal violation of statutes regulating other professions in the healing arts that the licensee is licensed in;
(v) any misdemeanor involving moral turpitude as defined by paragraph (6) of this section;
(vi) bribery or corrupt influence;
(vii) burglary;
(viii) child molestation;
(ix) kidnapping or false imprisonment;
(x) obstruction of governmental operations;
(xi) public indecency; and
(xii) substance abuse or substance diversion.
(S) contacting or attempting to contact a complainant, witness, medical peer review committee member, or professional review body as defined under §160.001 of the Act regarding statements used in an active investigation by the board for purposes of intimidation. It is not a violation for a licensee under investigation to have contact with a complainant, witness, medical peer review committee member, or professional review body if the contact is in the normal course of business and unrelated to the investigation.
(T) failing to timely submit complete forms for purposes of registration as set out in §166.1 of this title (relating to Physician Registration) when it is the intent of the licensee to maintain licensure with the board as indicated through submission of an application and fees prior to one year after a permit expires.
164.053(a)(7) - Sec. 02
Violations section 311.0025 of the Health and Safety Code
311.0025 - Sec. 02
Audits of Billing
(a) A hospital, treatment facility, mental health facility, or health care professional may not submit to a patient or a third party payor a bill for a treatment that the hospital, facility, or professional knows was not provided or knows was improper, unreasonable, or medically or clinically unnecessary.
(b) If the appropriate licensing agency receives a complaint alleging a violation of Subsection (a), the agency may audit the billings and patient records of the hospital, treatment facility, mental health facility, or health care professional.
(c) A hospital, treatment facility, mental health facility, or health care professional that violates Subsection (a) is subject to disciplinary action, including denial, revocation, suspension, or nonrenewal of the license of the hospital, facility, or professional. Disciplinary action taken under this section is in addition to any other civil, administrative, or criminal penalty provided by law.
(d) In this section:
(1) “Health care professional” means an individual licensed, certified, or regulated by a health care regulatory agency who is eligible for reimbursement for treatment ordered or rendered by that professional.
(2) “Hospital” means a hospital licensed under Chapter 241 (Hospitals).
(3) “Mental health facility” means a mental health facility licensed under Chapter 577 (Private Mental Hospitals and Other Mental Health Facilities).
(4) “Treatment facility” means a treatment facility licensed under Chapter 464 (Facilities Treating Persons With a Chemical Dependency).
(e) A licensing agency may not take disciplinary action against a hospital, treatment facility, mental health facility, or health care professional for unknowing and isolated billing errors.
164.053(a)(8) - Sec. 02
Failure to supervise delegates
