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A BILL TO BE ENTITLED
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AN ACT
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relating to a physician's response to a complaint filed with the |
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Texas Medical Board. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 154.056(a) and (b), Occupations Code, |
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are amended to read as follows: |
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(a) The board shall adopt rules concerning the |
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investigation and review of a complaint filed with the board. The |
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rules adopted under this section must: |
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(1) distinguish among categories of complaints and |
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give priority to complaints that involve sexual misconduct, quality |
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of care, and impaired physician issues; |
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(2) ensure that a complaint is not dismissed without |
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appropriate consideration; |
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(3) require that the board be advised of the dismissal |
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of a complaint and that a letter be sent to the person who filed the |
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complaint and to the physician who was the subject of the complaint |
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explaining the action taken on the complaint; |
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(4) ensure that a person who files a complaint has an |
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opportunity to explain the allegations made in the complaint; |
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(5) ensure that a physician who is the subject of a |
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complaint has at least 45 days after receiving a copy of the |
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complaint as provided by Section 154.053(a) to prepare and submit a |
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response; |
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(6) prescribe guidelines concerning the categories of |
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complaints that require the use of a private investigator and the |
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procedures for the board to obtain the services of a private |
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investigator; |
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(7) [(6)] provide for an expert physician panel |
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authorized under Subsection (e) to assist with complaints and |
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investigations relating to medical competency; and |
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(8) [(7)] require the review of reports filed with the |
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National Practitioner Data Bank for any report of the termination, |
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limitation, suspension, limitation in scope of practice, or |
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probation of clinical or hospital staff privileges of a physician |
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by: |
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(A) a hospital; |
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(B) a health maintenance organization; |
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(C) an independent practice association; |
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(D) an approved nonprofit health corporation |
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certified under Section 162.001; or |
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(E) a physician network. |
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(b) The board shall: |
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(1) dispose of each complaint in a timely manner; and |
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(2) establish a schedule for conducting each phase of |
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a complaint that is under the control of the board not later than |
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the 30th day after the date the physician's time for preparing and |
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submitting a response expires [board receives the complaint]. |
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SECTION 2. This Act takes effect September 1, 2011. |