By: Carona S.B. No. 1024
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to investigations under and enforcement of the law
1-3 regulating the practice of podiatry.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 202.204, Occupations Code, is amended by
1-6 amending Subsection (a) and adding Subsection (e) to read as
1-7 follows:
1-8 (a) The board shall adopt rules concerning the investigation
1-9 of a complaint filed with the board. The rules adopted under this
1-10 subsection must:
1-11 (1) distinguish between categories of complaints;
1-12 (2) ensure that complaints are not dismissed without
1-13 appropriate consideration;
1-14 (3) require that the board be advised of a complaint
1-15 that is dismissed and that a letter be sent to the person who filed
1-16 the complaint explaining the action taken on the dismissed
1-17 complaint;
1-18 (4) ensure that the person who filed the complaint has
1-19 an opportunity to explain the allegations made in the complaint;
1-20 and
1-21 (5) prescribe guidelines concerning the categories of
1-22 complaints that require the use of an [a private] investigator and
1-23 the procedures for the board to obtain the services of an
1-24 investigator, including a private investigator.
1-25 (e) An investigator whose service is obtained by the board
2-1 in an investigation under this section is immune from suit and
2-2 liability for:
2-3 (1) holding an informal conference to determine the
2-4 facts of the complaint;
2-5 (2) testifying at a hearing regarding the
2-6 investigation;
2-7 (3) issuing an opinion on or making a report about:
2-8 (A) a person who files a complaint under this
2-9 chapter or requests the services of the board;
2-10 (B) a podiatrist; or
2-11 (C) a podiatric patient; and
2-12 (4) investigating a complaint filed with the board.
2-13 SECTION 2. Subchapter K, Chapter 202, Occupations Code, is
2-14 amended by adding Section 202.5015 to read as follows:
2-15 Sec. 202.5015. CERTAIN CONDUCT CONSTITUTING CHAPTER
2-16 VIOLATION. A license holder who engages in conduct described by
2-17 Section 202.253 violates this chapter.
2-18 SECTION 3. This Act takes effect September 1, 2001.