| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to disposition of a contested case by the Texas Medical |
|
|
Board. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subsections (a) and (a-1), Section 164.007, |
|
|
Occupations Code, are amended to read as follows: |
|
|
(a) The board by rule shall adopt procedures governing |
|
|
formal disposition of a contested case under Chapter 2001, |
|
|
Government Code. A formal hearing shall be conducted by an |
|
|
administrative law judge employed by the State Office of |
|
|
Administrative Hearings. After receiving the administrative law |
|
|
judge's findings of fact and conclusions of law, the board shall |
|
|
dispose of the contested case by issuing a final order based on the |
|
|
administrative law judge's findings of fact and conclusions of law |
|
|
[determine the charges on the merits]. |
|
|
(a-1) Notwithstanding Section 2001.058(e), Government |
|
|
Code, the [The] board may not change a finding of fact or conclusion |
|
|
of law or vacate or modify an order of the administrative law judge. |
|
|
The board may 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), Government Code. For each |
|
|
case, the board 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 [only if the board makes a determination
|
|
|
required by Section 2001.058(e), Government Code]. |
|
|
SECTION 2. Subsections (a) and (a-1), Section 164.007, |
|
|
Occupations Code, as amended by this Act, apply only to a contested |
|
|
case for which an administrative law judge employed by the State |
|
|
Office of Administrative Hearings issues written findings of fact |
|
|
and conclusions of law on or after the effective date of this Act. A |
|
|
contested case for which an administrative law judge employed by |
|
|
the State Office of Administrative Hearings issues written findings |
|
|
of fact and conclusions of law before the effective date of this Act |
|
|
is governed by the law in effect on the date the findings of fact and |
|
|
conclusions of law were issued, and the former law is continued in |
|
|
effect for that purpose. |
|
|
SECTION 3. This Act takes effect September 1, 2011. |
|
|
|
|
|
* * * * * |