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2003S0392-1 02/26/03
By: Harris S.B. No. 702
A BILL TO BE ENTITLED
AN ACT
relating to information regarding certain complaints filed with the
Texas State Board of Medical Examiners and related settlements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 154.052, Occupations Code, is amended to
read as follows:
Sec. 154.052. RECORDS OF COMPLAINTS. (a) The board shall
keep an information file about each complaint filed with the board.
The information file must be kept current and contain a record for
each complaint of:
(1) each potential witness contacted in relation to
the complaint;
(2) a summary of findings made at each step of the
complaint process;
(3) an explanation of the legal basis and reason for
the dismissal of a complaint;
(4) the schedule for the disposition of the complaint
prepared as required under Section 154.056 and a notation of any
change in the schedule; and
(5) other relevant information.
(b) If a complaint is closed with no disciplinary or
rehabilitative action taken, the board shall retain a record of the
complaint and shall delete the identity of the license holder
against whom the complaint was filed 10 years from the date of the
closure of the complaint.
SECTION 2. Section 154.054, Occupations Code, is amended to
read as follows:
Sec. 154.054. COMPLAINT INFORMATION TO HEALTH CARE
ENTITY. On written request, the board shall provide information to
a health care entity regarding:
(1) a complaint filed against a license holder that
was resolved after investigation by:
(A) a disciplinary order of the board; or
(B) an agreed settlement; and
(2) the basis of and current status of any complaint
under active investigation that has been assigned by the executive
director to a person authorized by the board to pursue legal action.
SECTION 3. Subsection (a), Section 160.052, Occupations
Code, is amended to read as follows:
(a) Each insurer shall submit to the board the report or
other information described by Section 160.053 at the time
prescribed. The insurer shall provide the report or information
with respect to:
(1) a [notice of claim letter or] complaint filed
against an insured in a court, if the [notice of claim letter or]
complaint seeks damages relating to the insured's conduct in
providing or failing to provide a medical or health care service;
and
(2) settlement of a claim without the filing of a
lawsuit or settlement of a lawsuit made on behalf of the insured
involving damages relating to the insured's conduct in providing or
failing to provide a medical or health care service.
SECTION 4. Subsection (a), Section 160.053, Occupations
Code, is amended to read as follows:
(a) Not later than the 30th day after the date an insurer
receives from an insured a [notice of claim letter or] complaint
filed in a lawsuit, the date of a settlement of a claim without the
filing of a lawsuit, or the date of a settlement of a lawsuit
against the [from an] insured, the insurer shall furnish to the
board:
(1) the name of the insured and the insured's Texas
medical license number;
(2) the policy number; and
(3) a copy of the [notice of claim letter or] complaint
or settlement.
SECTION 5. Subsection (a), Section 160.052, and Subsection
(a), Section 160.053, Occupations Code, as amended by this Act,
apply only to a settlement entered into on or after the effective
date of this Act. A settlement entered into before the effective
date of this Act is governed by the law as it existed on the date the
settlement was entered into, and the law is continued in effect for
that purpose.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.