Tex. Codes » Occupations Code · TITLE 3. HEALTH PROFESSIONS · SUBTITLE B. PHYSICIANS · CHAPTER 164. DISCIPLINARY ACTIONS AND PROCEDURES
Texas Codes

Tex. Occ. Code § 164.011 (2026)

License Status Pending Appeal

✓ current as of May 2026
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Sec. 164.011. LICENSE STATUS PENDING APPEAL. (a) The board's decision on a disciplinary matter may not be enjoined or stayed except on application to the appropriate court after notice to the board.

(b) A person may not practice medicine or deliver health care services in violation of a disciplinary order or action of the board while an appeal is pending unless the order or action is stayed by the appropriate court.

(c) A stay or injunction may not be granted if the license holder's continued practice presents a danger to the public. A stay or injunction may not be granted for a term that exceeds 120 days.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 202, Sec. 30, eff. June 10, 2003.

SUBCHAPTER B. LICENSE DENIAL AND DISCIPLINARY ACTIONS


Notes of Decisions
Cited in 13 cases, 2005–2015 · leading case: Granek v. Texas State Bd. of Med. Examiners, 172 S.W.3d 761 (Tex. App. 2005).
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Granek v. Texas State Bd. of Med. Examiners, 172 S.W.3d 761 (Tex. App. 2005). “See Tex. Occ.Code Ann. § 164.011(c) (West 2004).”
Harold Granek, M.D. v. Texas State Bd. of Med. Examiners & Donald W. Patrick, M.D. (Tex. App. 2008). · cites it 3× “See Tex. Occ. Code Ann. § 164.011 (b) (West 2004).”
Harold Granek, M.D. v. Texas State Bd. of Med. Examiners & Donald W. Patrick, M.D. (Tex. App. 2008). · cites it 3× “See Tex. Occ. Code Ann. § 164.011 (b) (West 2004).”
Roderick Lee Mitchell, M.D. v. Texas Med. Bd. (Tex. App. 2015). “See Tex. Occ. Code § 164.011(b) (person may not practice medicine or deliver health-care services in violation of disciplinary order or action of board while an appeal is pending unless order or action is stayed by appropriate court).”
Roderick Lee Mitchell, M.D. v. Texas Med. Bd. (Tex. App. 2015). “See Tex. Occ. Code § 164.011(b) (person may not practice medicine or deliver health-care services in violation of disciplinary order or action of board while an appeal is pending unless order or action is stayed by appropriate court).”
Harold Granek, M.D. v. Texas State Bd. of Med. Examiners & Donald W. Patrick, M.D. (Tex. App. 2005). “See Tex. Occ. Code Ann. § 164.011 (c) (West 2004).”
Harold Granek, M.D. v. Texas State Bd. of Med. Examiners & Donald W. Patrick, M.D. (Tex. App. 2005). “DISCUSSION Granek brings five issues, complaining that: (1) the Board violated due process by waiting until its allegations were stale and he had suffered actual prejudice before prosecuting its disciplinary action against him; (2) the Board’s findings of grounds for discipline…”
Harold Granek, M.D. v. Texas State Bd. of Med. Examiners & Donald W. Patrick, M.D. (Tex. App. 2005). “DISCUSSION Granek brings five issues, complaining that: (1) the Board violated due process by waiting until its allegations were stale and he had suffered actual prejudice before prosecuting its disciplinary action against him; (2) the Board’s findings of grounds for discipline…”
Harold Granek, M.D. v. Texas State Bd. of Med. Examiners & Donald W. Patrick, M.D. (Tex. App. 2005). “See Tex. Occ. Code Ann. § 164.011 (c) (West 2004).”
Harold Granek, M.D. v. Texas State Bd. of Med. Examiners & Donald W. Patrick, M.D. (Tex. App. 2005). “See Tex. Occ. Code Ann. § 164.011 (c) (West 2004).”
Harold Granek, M.D. v. Texas State Bd. of Med. Examiners & Donald W. Patrick, M.D. (Tex. App. 2005). “7 6 See Tex. Occ. Code Ann. § 164.011 (c) (West 2004).”
Stuart Thomas Gerstacker v. Kimberly Ann Gerstacker (Tex. App. 2011). “See Tex. Occ. Code Ann. § 164.011 (b). Moreover, an appealing license holder is entitled to seek a stay from the appropriate court to allow him to continue practicing, as long as the court finds that his continued practice does not present a danger to the public.”
Show all 13 citing cases →
— Tex. Occ. Code § 164.011(b) — 2 cases
Roderick Lee Mitchell, M.D. v. Texas Med. Bd. (Tex. App. 2015). “See Tex. Occ. Code § 164.011(b) (person may not practice medicine or deliver health-care services in violation of disciplinary order or action of board while an appeal is pending unless order or action is stayed by appropriate court).”
Roderick Lee Mitchell, M.D. v. Texas Med. Bd. (Tex. App. 2015). “See Tex. Occ. Code § 164.011(b) (person may not practice medicine or deliver health-care services in violation of disciplinary order or action of board while an appeal is pending unless order or action is stayed by appropriate court).”
— Tex. Occ. Code § 164.011(c) — 1 case
Granek v. Texas State Bd. of Med. Examiners, 172 S.W.3d 761 (Tex. App. 2005). “See Tex. Occ.Code Ann. § 164.011(c) (West 2004).”
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