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A BILL TO BE ENTITLED
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AN ACT
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relating to the investigation and resolution of complaints filed |
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against physicians. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 154.053(a), Occupations Code, is amended |
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to read as follows: |
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(a) The board shall notify a physician who is the subject of |
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a complaint filed with the board that a complaint has been filed and |
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shall notify the physician of the specific allegations made in |
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[nature of] the complaint unless the notice would jeopardize an |
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investigation. |
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SECTION 2. Section 164.003(f), Occupations Code, is amended |
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to read as follows: |
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(f) The notice required by Subsection (b)(2) must be |
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accompanied by a written statement of the specific [nature of the] |
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allegations made in the complaint, the specific statute, rule, or |
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standard of care alleged to be violated, [and] the information the |
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board intends to use at the meeting, and the identity and |
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credentials of any expert the board intends to rely on at the |
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meeting. If the board does not provide the statement or information |
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at that time, the license holder may use that failure as grounds for |
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rescheduling the informal meeting. If the complaint includes an |
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allegation that the license holder has violated the standard of |
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care, the notice must include a copy of the report by the expert |
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physician reviewer. The license holder must provide to the board |
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the license holder's rebuttal at least 15 business days before the |
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date of the meeting in order for the information to be considered at |
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the meeting. |
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SECTION 3. Section 164.0032, Occupations Code, is amended |
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by amending Subsections (f) and (g) and adding Subsection (g-1) to |
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read as follows: |
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(f) The panel shall recommend the dismissal of the complaint |
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or allegations or, if the panel determines that the affected |
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physician has violated a statute, [or] board rule, or standard of |
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care, the panel may recommend board action and terms for an informal |
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settlement of the case. |
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(g) The panel's recommendations under Subsection (f) must |
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be made in a written order and presented to the affected physician |
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and the physician's authorized representative. The order must |
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state each specific act the panel has determined is a violation and |
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the specific statute, board rule, or standard of care the act |
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violates if the panel determines that the affected physician has |
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violated a statute, board rule, or standard of care. |
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(g-1) The physician may accept the proposed settlement |
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within the time established by the panel at the informal meeting. |
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If the physician rejects the proposed settlement or does not act |
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within the required time, the board may proceed with the filing of a |
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formal complaint with the State Office of Administrative Hearings. |
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SECTION 4. Section 164.005(f), Occupations Code, is amended |
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to read as follows: |
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(f) A formal complaint must allege with reasonable |
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certainty each specific act relied on by the board to constitute a |
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violation of a specific statute, [or] rule, or standard of care. |
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The formal complaint must be specific enough to: |
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(1) enable a person of common understanding to know |
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what is meant by the formal complaint; and |
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(2) give the person who is the subject of the formal |
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complaint notice of each particular act alleged to be a violation of |
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a specific statute, [or] rule, or standard of care. |
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SECTION 5. Subchapter A, Chapter 164, Occupations Code, is |
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amended by adding Section 164.0061 to read as follows: |
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Sec. 164.0061. ADDITIONAL CHARGE OR ALLEGED VIOLATION. In |
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a formal complaint filed under Section 164.005 or in a contested |
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case before the State Office of Administrative Hearings, the board |
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may not add a charge or alleged violation to the complaint or case |
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unless the board has attempted to resolve the additional charge or |
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alleged violation through an informal proceeding under Section |
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164.003. |
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SECTION 6. Sections 154.053 and 164.005, Occupations Code, |
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as amended by this Act, apply only to a complaint filed on or after |
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the effective date of this Act. A complaint filed before that date |
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is governed by the law in effect on the date the complaint was |
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filed, and the former law is continued in effect for that purpose. |
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SECTION 7. Sections 164.003 and 164.0032, Occupations Code, |
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as amended by this Act, apply only to an informal proceeding |
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concerning a complaint filed on or after the effective date of this |
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Act. An informal proceeding concerning a complaint filed before |
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that date is governed by the law in effect on the date the complaint |
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was filed, and the former law is continued in effect for that |
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purpose. |
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SECTION 8. Section 164.0061, Occupations Code, as added by |
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this Act, applies only to a formal hearing that commences on or |
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after the effective date of this Act. A formal hearing that |
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commences before that date is governed by the law in effect at the |
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time the hearing commenced, and the former law is continued in |
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effect for that purpose. |
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SECTION 9. This Act takes effect September 1, 2013. |