By: Hartnett (Senate Sponsor - Huffman) H.B. No. 732

(In the Senate - Received from the House May 18, 2009; May 19, 2009, read first time and referred to Committee on Health and Human Services; May 21, 2009, reported favorably by the following vote: Yeas 9, Nays 0; May 21, 2009, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to the removal of certain information from a physician's medical board profile.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 154.006, Occupations Code, is amended by adding Subsection (k) to read as follows:

(k) In the annual update of a physician's profile under Subsection (g), the board shall remove any record of a formal complaint required under Subsection (b)(15) or (i) if the complaint was dismissed more than five years before the date of the update and the complaint was dismissed as baseless, unfounded, or not supported by sufficient evidence that a violation occurred, or no action was taken against the physician's license as a result of the complaint. The board shall also remove any record of the investigation of medical malpractice claims or complaints required to be investigated by the board under Section 164.201 if the investigation was resolved more than five years before the date of the update and no action was taken against the physician's license as a result of the investigation.

SECTION 2. This Act takes effect September 1, 2009.

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