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A BILL TO BE ENTITLED
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AN ACT
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relating to the nondisciplinary resolution of certain complaints |
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filed against physicians. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 164, Occupations Code, is |
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amended by adding Section 164.0015 to read as follows: |
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Sec. 164.0015. REMEDIAL PLAN. (a) In addition to the |
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authority under Sections 164.001 and 164.002, the board may issue |
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and establish the terms of a remedial plan to resolve the |
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investigation of a complaint relating to this subtitle. |
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(b) A remedial plan may not contain a provision that: |
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(1) revokes, suspends, limits, or restricts a person's |
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license or other authorization to practice medicine; or |
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(2) assesses an administrative penalty against a |
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person. |
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(c) A remedial plan may not be imposed to resolve a |
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complaint: |
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(1) concerning: |
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(A) a patient death; |
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(B) the commission of a felony; or |
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(C) a matter in which the physician engaged in |
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inappropriate sexual behavior or contact with a patient or became |
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financially or personally involved with a patient in an |
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inappropriate manner; or |
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(2) in which the appropriate resolution may involve a |
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restriction on the manner in which a license holder practices |
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medicine. |
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(d) The board may not issue a remedial plan to resolve a |
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complaint against a license holder if the license holder has |
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previously entered into a remedial plan with the board for the |
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resolution of a different complaint relating to this subtitle. |
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(e) The board may assess a fee against a license holder |
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participating in a remedial plan in an amount necessary to recover |
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the costs of administering the plan. |
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(f) The board shall adopt rules necessary to implement this |
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section. |
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SECTION 2. Subsections (c) and (d), Section 164.002, |
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Occupations Code, are amended to read as follows: |
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(c) An agreed disposition is a disciplinary order for |
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purposes of reporting under this subtitle and of administrative |
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hearings and proceedings by state and federal regulatory agencies |
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regarding the practice of medicine. An agreed disposition or a |
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remedial plan under Section 164.0015 is public information. |
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(d) In civil litigation, an agreed disposition or a remedial |
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plan under Section 164.0015 is a settlement agreement under Rule |
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408, Texas Rules of Evidence. This subsection does not apply to a |
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license holder who has previously entered into an agreed |
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disposition with the board of a different disciplinary matter or |
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whose license the board is seeking to revoke. |
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SECTION 3. (a) The Texas Medical Board shall adopt rules |
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under Section 164.0015, Occupations Code, as added by this Act, not |
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later than January 1, 2012. |
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(b) Section 164.0015, Occupations Code, as added by this |
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Act, applies only to a complaint under Subtitle B, Title 3, |
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Occupations Code, filed on or after the effective date of this Act. |
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A complaint under Subtitle B, Title 3, Occupations Code, filed |
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before that date is governed by the law in effect on the date the |
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complaint was filed, and that law is continued in effect for that |
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purpose. |
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SECTION 4. This Act takes effect September 1, 2011. |