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A BILL TO BE ENTITLED
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AN ACT
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relating to complaint information and disciplinary procedures of |
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the Texas Medical Board. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 154.055, Occupations Code, is amended to |
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read as follows: |
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Sec. 154.055. RELEASE OF COMPLAINT INFORMATION TO |
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LEGISLATOR [LEGISLATIVE COMMITTEE]. (a) On request from a member |
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of the legislature [legislative committee created under Subchapter |
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B, Chapter 301, Government Code], the board shall release to the |
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member all information regarding a complaint against a physician |
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[to aid in a legitimate legislative inquiry. The board may release |
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the information only to the members of the committee]. |
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(b) In complying with a request under Subsection (a), the |
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board may not identify the complainant or the patient [and may |
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reveal the identity of the affected physician only to the members of |
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the committee]. |
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SECTION 2. Section 164.001, Occupations Code, is amended by |
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adding Subsection (k) to read as follows: |
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(k) The board may not adopt or implement a quota for a number |
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of physicians to be disciplined within a specified period. |
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SECTION 3. Section 164.003, Occupations Code, is amended by |
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adding Subsection (b-1) to read as follows: |
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(b-1) Notwithstanding any other law, a member of the |
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legislature is entitled to attend any informal meeting held under |
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this section. |
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SECTION 4. Sections 164.007(a) and (a-1), Occupations Code, |
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are amended to read as follows: |
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(a) The board by rule shall adopt procedures governing |
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formal disposition of a contested case under Chapter 2001, |
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Government Code. A formal hearing shall be conducted by an |
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administrative law judge employed by the State Office of |
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Administrative Hearings. After receiving the administrative law |
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judge's findings of fact and conclusions of law, the board shall: |
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(1) dispose of the contested case by issuing a final |
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order based on the administrative law judge's findings of fact and |
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conclusions of law, which must include dismissal of the contested |
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case if the findings of fact and conclusions of law establish that |
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the physician did not violate a provision of this code or board |
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rule; or |
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(2) appeal the administrative law judge's findings of |
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fact and conclusions of law in the manner provided by Section |
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164.0072. |
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(a-1) Notwithstanding Section 2001.058(e), Government |
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Code, the board may not change a finding of fact or conclusion of |
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law or vacate or modify an order of the administrative law judge. |
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For each case, the board has the sole authority and discretion to |
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determine the appropriate action or sanction for a violation of a |
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provision of this code or board rule. The administrative law judge |
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may not make any recommendation regarding the appropriate action or |
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sanction. |
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SECTION 5. Sections 164.007(a) and (a-1), Occupations Code, |
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as amended by this Act, apply only to a contested case for which an |
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administrative law judge issues written findings of fact and |
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conclusions of law on or after the effective date of this Act. A |
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contested case for which an administrative law judge issues written |
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findings of fact and conclusions of law before the effective date of |
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this Act is governed by the law in effect on the date the findings of |
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fact and conclusions of law were issued, and the former law is |
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continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2021. |