AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
The Texas Medical Board (TMB) is responsible for protecting the public's health, safety, and welfare through the regulation of the practice of medicine. S.B. 191 increases transparency regarding the disposition of cases by TMB.
S.B. 191 amends current law relating to disposition of a contested case by the Texas Medical Board.
RULEMAKING AUTHORITY
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Sections 164.007(a) and (a-1), Occupations Code, as follows:
(a) Requires the Texas Medical Board (TMB), after receiving the administrative law judge's findings of fact and conclusions of law, to dispose of the contested case by issuing a final order based on the administrative law judge's findings of fact and conclusions of law, rather than to determine the charges on the merits.
(a-1) Prohibits, rather than authorizes, TMB, notwithstanding Section 2001.058(e) (relating to changing a finding of fact or conclusion of law made by the administrative law judge), Government Code, from changing a finding of fact or conclusion of law or vacating or modifying an order of the administrative law judge. Authorizes TMB to obtain judicial review of any finding of fact or conclusion of law issued by the administrative law judge as provided by Section 2001.058(f)(5) (relating to rendering a final decision in a contested case), Government Code. Provides that, for each case, TMB has the sole authority and discretion to determine the appropriate action or sanction, and the administrative law judge may not make any recommendation regarding the appropriate action or sanction. Deletes existing text authorizing TMB to change a finding of fact or conclusion of law or vacate or modify an order of the administrative law judge only if TMB makes a determination required by Section 2001.058(e), Government Code.
SECTION 2. Makes application of Sections 164.007(a) and (a-1), Occupations Code, as amended by this Act, prospective.
SECTION 3. Effective date: September 1, 2011.