Texas Labor Codes 408.023 pre 6/17/01

(a) Each doctor licensed in this state on January 1, 1993, is on the commission's list of approved doctors unless subsequently deleted and not reinstated. The name of a doctor shall be placed on the list of approved doctors when that doctor becomes licensed in this state. A doctor not licensed in this state but licensed in another state or jurisdiction who treats employees may apply to the commission to be included on the list.

(b) [effective for an offense committed before September 1, 1995.] The commission shall establish criteria for deleting a doctor from the list of approved doctors. The criteria may include anything the commission considers relevant, including:

(1) sanctions of the doctor by the commission for violations of Chapter 415;

(2) sanctions by the Medicare or Medicaid program for:

(A) substandard medical care;

(B) overcharging; or

(C) overutilization of medical services;

(3) evidence from the commission's medical records that the doctor's charges, fees, diagnoses, or treatments are substantially different from those the commission finds to be fair and reasonable; and

(4) suspension of the doctor's license by the appropriate licensing authority.

(b) [effective for an offense committed on or after September 1, 1995.] The commission shall establish criteria for deleting a doctor from the list of approved doctors. The criteria may include anything the commission considers relevant, including:

(1) sanctions of the doctor by the commission for violations of Chapter 413 or Chapter 415;

(2) sanctions by the Medicare or Medicaid program for:

(A) substandard medical care;

(B) overcharging; or

(C) overutilization of medical services;

(3) evidence from the commission's medical records that the doctor's charges, fees, diagnoses, or treatments are substantially different from those the commission finds to be fair and reasonable; and

(4) suspension of the doctor's license by the appropriate licensing authority.

(c) The commission shall establish procedures for a doctor to apply for reinstatement to the list.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 980, §1.25, eff. Sept. 1, 1995.