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A BILL TO BE ENTITLED
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AN ACT
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relating to complaints filed with 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 154.057(b), Occupations Code, is amended |
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to read as follows: |
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(b) The board shall complete a preliminary investigation of |
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the complaint not later than the 45th [30th] day after the date of |
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receiving the complaint. The board shall first determine whether |
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the physician constitutes a continuing threat to the public |
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welfare. On completion of the preliminary investigation, the board |
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shall determine whether to officially proceed on the complaint. If |
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the board fails to complete the preliminary investigation in the |
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time required by this subsection, the board's official |
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investigation of the complaint is considered to commence on that |
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date. |
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SECTION 2. Section 164.003(b), Occupations Code, is amended |
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to read as follows: |
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(b) Rules adopted under this section must require that: |
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(1) an informal meeting in compliance with Section |
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2001.054, Government Code, be scheduled not later than the 180th |
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day after the date the board's official investigation of the |
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complaint is commenced as provided by Section 154.057(b), unless |
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good cause is shown by the board for scheduling the informal meeting |
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after that date; |
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(2) the board give notice to the license holder of the |
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time and place of the meeting not later than the 45th [30th] day |
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before the date the meeting is held; |
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(3) the complainant and the license holder be provided |
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an opportunity to be heard; |
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(4) at least one of the board members or district |
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review committee members participating in the informal meeting as a |
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panelist be a member who represents the public; |
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(5) the board's legal counsel or a representative of |
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the attorney general be present to advise the board or the board's |
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staff; and |
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(6) a member of the board's staff be at the meeting to |
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present to the board's representative the facts the staff |
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reasonably believes it could prove by competent evidence or |
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qualified witnesses at a hearing. |
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SECTION 3. Sections 154.057 and 164.003, Occupations Code, |
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as amended by this Act, apply only to the investigation of a |
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complaint filed on or after the effective date of this Act. The |
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investigation of a complaint filed before that date is governed by |
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the law in effect on the date the complaint was filed, and that law |
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is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2011. |