CONDUCT INDICATING LACK OF FITNESS

(a) The medical board may take action under Section 206.301 against an applicant or license holder who: (1) habitually uses drugs or intoxicating liquors to the extent that, in the medical board's opinion, the person cannot safely perform as a surgical assistant; (2) has been adjudicated as mentally incompetent; (3) has a mental or physical condition that renders the person unable to safely perform as a surgical assistant; (4) has committed an act of moral turpitude; (5) has failed to practice as a surgical assistant in an acceptable manner consistent with public health and welfare; (6) has had the person's license or other authorization to practice as a surgical assistant suspended, revoked, or restricted; (7) has had other disciplinary action taken by another state or by the uniformed services of the United States regarding practice as a surgical assistant; (8) is removed or suspended or has disciplinary action taken by the person's peers in any professional association or society or is being disciplined by a licensed hospital or medical staff of a hospital, including removal, suspension, limitation of privileges, or other disciplinary action, if that action, in the opinion of the medical board, was based on unprofessional conduct or professional incompetence that was likely to harm the public; (9) has repeated or recurring meritorious health care liability claims that, in the medical board's opinion, are evidence of professional incompetence likely to harm the public; or (10) sexually abuses or exploits another person during the license holder's practice as a surgical assistant. (b) For the purpose of Subsection (a)(7), a certified copy of the record of the state or uniformed services of the United States taking the action constitutes conclusive evidence of that action. (c) An action described by Subsection (a)(8) does not constitute state action on the part of the association, society, or hospital medical staff.