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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 provide notice to [notify] a physician |
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who is the subject of a complaint filed with the board [that a
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complaint has been filed and shall notify the physician of the
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nature of the complaint] unless the notice would jeopardize an |
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investigation. The notice must include: |
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(1) the specific allegations made in the complaint; |
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and |
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(2) a copy of the complaint that has been redacted to |
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remove the name of the complainant. |
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SECTION 2. Section 154.0561, Occupations Code, is amended |
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by adding Subsection (e) to read as follows: |
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(e) Each physician on an expert physician panel authorized |
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under Section 154.056(e) who is reviewing a complaint must practice |
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in the same specialty as the physician who is the subject of the |
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complaint. |
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SECTION 3. 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 factual [nature
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of the] allegations, the specific statute, rule, or standard of |
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care alleged to be violated, [and] the information the board |
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intends to use at the meeting, and the credentials of any expert the |
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board intends to rely on at the meeting. If the board does not |
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provide the statement or information at that time, the license |
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holder may use that failure as grounds for rescheduling the |
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informal meeting. If the complaint includes an allegation that the |
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license holder has violated the standard of care, the notice must |
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include a copy of the report by the expert physician reviewer and a |
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statement explaining exactly how the standard of care was violated. |
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The license holder must provide to the board the license holder's |
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rebuttal at least 15 business days before the date of the meeting in |
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order for the information to be considered at the meeting. |
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SECTION 4. 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 the specific basis for the order, including the specific |
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statute, board rule, or standard of care that each act violates. |
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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 5. 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 6. Sections 154.053, 154.0561, and 164.005, |
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Occupations Code, as amended by this Act, apply only to a complaint |
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filed on or after the effective date of this Act. A complaint 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 the former law is continued in effect for |
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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. This Act takes effect September 1, 2015. |