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

Tex. Occ. Code § 164.051 (2026)

Grounds For Denial Or Disciplinary Action

✓ current as of May 2026
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Sec. 164.051. GROUNDS FOR DENIAL OR DISCIPLINARY ACTION. (a) The board may refuse to admit a person to its examination or refuse to issue a license to practice medicine and may take disciplinary action against a person if the person:

(1) commits an act prohibited under Section 164.052;

(2) is convicted of, or is placed on deferred adjudication community supervision or deferred disposition for:

(A) a felony; or

(B) a misdemeanor involving moral turpitude;

(3) commits or attempts to commit a direct or indirect violation of a rule adopted under this subtitle, either as a principal, accessory, or accomplice;

(4) is unable to practice medicine with reasonable skill and safety to patients because of:

(A) illness;

(B) drunkenness;

(C) excessive use of drugs, narcotics, chemicals, or another substance; or

(D) a mental or physical condition;

(5) is found by a court judgment to be of unsound mind;

(6) fails to practice medicine in an acceptable professional manner consistent with public health and welfare;

(7) is removed, suspended, or is subject to disciplinary action taken by the person's peers in a local, regional, state, or national professional medical association or society, or is disciplined by a licensed hospital or medical staff of a hospital, including removal, suspension, limitation of hospital privileges, or other disciplinary action, if the board finds that the action:

(A) was based on unprofessional conduct or professional incompetence that was likely to harm the public; and

(B) was appropriate and reasonably supported by evidence submitted to the board;

(8) is subject to repeated or recurring meritorious health care liability claims that in the board's opinion evidence professional incompetence likely to injure the public; or

(9) except as provided by Subsections (d) and (e), holds a license to practice medicine subject to disciplinary action by another state, or subject to disciplinary action by the uniformed services of the United States, based on acts by the person that are prohibited under Section 164.052 or are similar to acts described by this subsection.

(b) Action taken by a professional medical association, society, or hospital medical staff under Subsection (a)(7) does not constitute state action.

(c) A certified copy of the record of another state that takes action described by Subsection (a)(9) or (d) is conclusive evidence of that action.

(d) The board shall refuse to issue a license under this subtitle if the applicant held a license to practice medicine in another state that has been revoked by the licensing authority in that state for a reason that would be grounds for the board to revoke a license to practice medicine in this state.

(e) The board shall revoke a license issued under this subtitle if the license holder, while holding the license under this subtitle, held a license to practice medicine in another state that has been revoked by the licensing authority in that state for a reason that would be grounds for the board to revoke a license to practice medicine in this state.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 202, Sec. 31, eff. June 10, 2003.

Amended by:

Acts 2023, 88th Leg., R.S., Ch. 827 (H.B. 1998), Sec. 10, eff. September 1, 2023.

Notes of Decisions
Cited in 55 cases (9 in the last 5 years), 2000–2025 · 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). · cites it 8× “’s breasts and touched KG.’s breasts, the ALJ concluded that Granek had “failed to practice medicine in an acceptable professional manner consistent with public health and welfare,” Tex.”
Sanchez v. Texas State Bd. of Med. Examiners, 229 S.W.3d 498 (Tex. App. 2007). · cites it 6× “Tex. Occ.Code § 164.051 and 164.52(a)(5) authorize the Board to discipline Dr.”
Lawrence v. Texas, 539 U.S. 558 (2003). · cites it 2× “, Tex. Occ. Code Ann. § 164.051 (a)(2)(B) (2003 Pamphlet) (physician); § 451.”
In re: Gregg Abbott, 954 F.3d 772 (5th Cir. 2020). · cites it 2× “23, 2020); Tex. Occ. Code § 164.051(a)(2); Tex. Occ.”
Ruben Aleman, M.D. v. Texas Med. Bd., 573 S.W.3d 796 (Tex. 2019). “" TEX. OCC. CODE § 164.051(a)(1) (emphasis added).”
Scally v. Texas State Bd. of Med. Examiners, 351 S.W.3d 434 (Tex. App. 2011). “” See Tex. Occ.Code Ann. §§ 164.051(a)(1), .052(a)(5), .”
Neely v. Wilson, 331 S.W.3d 900 (Tex. App. 2011). · cites it 2× “o its examination or refuse to issue a license to practice medicine and may take disciplinary action against a person if the person: [[Image here]] (4) is unable to practice medicine with reasonable skill and safety to patients because of: (A) illness; (B) drunkenness; (C)…”
Aleman v. Tex. Med. Bd., 565 S.W.3d 26 (Tex. App. 2017). “See Tex. Occ. Code §§ 164.051 (Board may take disciplinary action against person who "commits an act prohibited under Section 164.”
Henry J. Novak v. the M.D. Anderson Cancer Ctr. John Mendelsohn, M.D. & John Does Nos. 1 Through 10, 50 S.W.3d 512 (Tex. App. 2000). “08(4), (6), since repealed and codified at Tex. Occupations Code Ann. §§ 164.051 , .”
Am. Academy of Emergency Med. v. Mem'l Hermann Healthcare Sys., Inc., 285 S.W.3d 35 (Tex. App. 2009). “See Tex. Occ. Code Ann. § 164.051 (a)(1) (Vernon 2004) (stating that Texas Medical Board "may refuse to admit a person to its examination or refuse to issue a license to practice medicine and may take disciplinary action against a person if the person: (1) commits an act…”
Harold Granek, M.D. v. Texas State Bd. of Med. Examiners & Donald W. Patrick, M.D. (Tex. App. 2005). · cites it 9× “The ALJ concluded that by this conduct, Granek had "failed to practice medicine in an acceptable professional manner consistent with public health and welfare," Tex. Occ. Code Ann. § 164.051 (a)(6), and "commit[ted] unprofessional or dishonorable conduct that is likely to .”
Harold Granek, M.D. v. Texas State Bd. of Med. Examiners & Donald W. Patrick, M.D. (Tex. App. 2005). · cites it 9× “The ALJ concluded that by this conduct, Granek had “failed to practice medicine in an acceptable professional manner consistent with public health and welfare,” Tex. Occ. Code Ann. § 164.051 (a)(6), and “commit[ted] unprofessional or dishonorable conduct that is likely to .”
Show all 55 citing cases →
— Tex. Occ. Code § 164.051(a) — 1 case
Jorge R. Guevara, M.D. v. Texas Med. Bd. (Tex. App. 2025).
— Tex. Occ. Code § 164.051(a)(1) — 11 cases
Sanchez v. Texas State Bd. of Med. Examiners, 229 S.W.3d 498 (Tex. App. 2007). “Tex. Occ.Code § 164.051 and 164.52(a)(5) authorize the Board to discipline Dr.”
Ruben Aleman, M.D. v. Texas Med. Bd., 573 S.W.3d 796 (Tex. 2019). “" TEX. OCC. CODE § 164.051(a)(1) (emphasis added).”
Granek v. Texas State Bd. of Med. Examiners, 172 S.W.3d 761 (Tex. App. 2005). “’s breasts and touched KG.’s breasts, the ALJ concluded that Granek had “failed to practice medicine in an acceptable professional manner consistent with public health and welfare,” Tex.”
Scally v. Texas State Bd. of Med. Examiners, 351 S.W.3d 434 (Tex. App. 2011). “” See Tex. Occ.Code Ann. §§ 164.051(a)(1), .052(a)(5), .”
Jorge R. Guevara, M.D. v. Texas Med. Bd. (Tex. App. 2025).
— Tex. Occ. Code § 164.051(a)(2) — 2 cases
In re: Gregg Abbott, 954 F.3d 772 (5th Cir. 2020). “23, 2020); Tex. Occ. Code § 164.051(a)(2); Tex. Occ.”
Sanchez v. Texas State Bd. of Med. Examiners, 229 S.W.3d 498 (Tex. App. 2007). “Tex. Occ.Code § 164.051 and 164.52(a)(5) authorize the Board to discipline Dr.”
— Tex. Occ. Code § 164.051(a)(2)(A) — 1 case
Sanchez v. Texas State Bd. of Med. Examiners, 229 S.W.3d 498 (Tex. App. 2007). “Tex. Occ.Code § 164.051 and 164.52(a)(5) authorize the Board to discipline Dr.”
— Tex. Occ. Code § 164.051(a)(3) — 2 cases
Robert Charles Lowry, M.D.// Cross Texas Med. Bd. v. Texas Med. Bd.// Cross-Appellee, Robert Charles Lowry, M.D. (Tex. App. 2021).
Philip J. Leonard, M.D. v. Texas Med. Bd. (Tex. App. 2022).
— Tex. Occ. Code § 164.051(a)(4) — 3 cases
Neely v. Wilson, 331 S.W.3d 900 (Tex. App. 2011). “o its examination or refuse to issue a license to practice medicine and may take disciplinary action against a person if the person: [[Image here]] (4) is unable to practice medicine with reasonable skill and safety to patients because of: (A) illness; (B) drunkenness; (C)…”
Byron D. Neely, Individually, & Byron D. Neely, M.D., P.A. v. Nanci Wilson, CBS Stations Grp. of Texas, L.P., D/B/A Keye-Tv & Viacom, Inc. (Tex. 2014).
Brandon Darby v. the New York Times Co. & James C. McKinley, Jr. (Tex. App. 2015).
— Tex. Occ. Code § 164.051(a)(4)(C) — 3 cases
Byron D. Neely, Individually, & Byron D. Neely, M.D., P.A. v. Nanci Wilson, CBS Stations Grp. of Texas, L.P., D/B/A Keye-Tv & Viacom, Inc. (Tex. 2014).
Brandon Darby v. the New York Times Co. & James C. McKinley, Jr. (Tex. App. 2015).
Texas Med. Bd. & Scott Freshour, in His Off. Capacity as Gen. Couns. of the Texas Med. Bd. v. Teladoc, Inc. (Tex. App. 2015).
— Tex. Occ. Code § 164.051(a)(4)(D) — 1 case
Neely v. Wilson, 331 S.W.3d 900 (Tex. App. 2011). “o its examination or refuse to issue a license to practice medicine and may take disciplinary action against a person if the person: [[Image here]] (4) is unable to practice medicine with reasonable skill and safety to patients because of: (A) illness; (B) drunkenness; (C)…”
— Tex. Occ. Code § 164.051(a)(6) — 10 cases
Granek v. Texas State Bd. of Med. Examiners, 172 S.W.3d 761 (Tex. App. 2005). “’s breasts and touched KG.’s breasts, the ALJ concluded that Granek had “failed to practice medicine in an acceptable professional manner consistent with public health and welfare,” Tex.”
In re: Gregg Abbott, 954 F.3d 772 (5th Cir. 2020). “23, 2020); Tex. Occ. Code § 164.051(a)(2); Tex. Occ.”
Hernandez Caruso v. Texas Med. Bd. (W.D. Tex. 2024).
Robert Charles Lowry, M.D.// Cross Texas Med. Bd. v. Texas Med. Bd.// Cross-Appellee, Robert Charles Lowry, M.D. (Tex. App. 2021).
Jorge R. Guevara, M.D. v. Texas Med. Bd. (Tex. App. 2025).
— Tex. Occ. Code § 164.051(a)(7) — 4 cases
Granek v. Texas State Bd. of Med. Examiners, 172 S.W.3d 761 (Tex. App. 2005). “’s breasts and touched KG.’s breasts, the ALJ concluded that Granek had “failed to practice medicine in an acceptable professional manner consistent with public health and welfare,” Tex.”
Leonard Michael Haberman v. Texas Med. Bd. (Tex. App. 2018).
Arthur Arrit Chavason, M.D. v. the Texas Med. Bd. (Tex. App. 2025).
Arthur Arrit Chavason, M.D. v. the Texas Med. Bd. (Tex. App. 2025).
— Tex. Occ. Code § 164.051(a)(7)(A) — 1 case
Granek v. Texas State Bd. of Med. Examiners, 172 S.W.3d 761 (Tex. App. 2005). “’s breasts and touched KG.’s breasts, the ALJ concluded that Granek had “failed to practice medicine in an acceptable professional manner consistent with public health and welfare,” Tex.”
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