85R4156 MAW-D
 
  By: Zedler H.B. No. 537
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the investigation and resolution of complaints filed
  against physicians.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 154.053(a), Occupations Code, is amended
  to read as follows:
         (a)  The board shall notify a physician who is the subject of
  a complaint filed with the board that a complaint has been filed and
  shall notify the physician of the specific allegations made in 
  [nature of] the complaint unless the notice would jeopardize an
  investigation.
         SECTION 2.  Section 164.003(f), Occupations Code, is amended
  to read as follows:
         (f)  The notice required by Subsection (b)(2) must be
  accompanied by a written statement of the specific factual [nature
  of the] allegations, the specific statute, rule, or standard of
  care alleged to be violated, [and] the information the board
  intends to use at the meeting, and the credentials of any expert the
  board intends to rely on at the meeting.  If the board does not
  provide the statement or information at that time, the license
  holder may use that failure as grounds for rescheduling the
  informal meeting.  If the complaint includes an allegation that the
  license holder has violated the standard of care, the notice must
  include a copy of the report by the expert physician reviewer.  The
  license holder must provide to the board the license holder's
  rebuttal at least 15 business days before the date of the meeting in
  order for the information to be considered at the meeting.
         SECTION 3.  Section 164.0032, Occupations Code, is amended
  by amending Subsections (f) and (g) and adding Subsection (g-1) to
  read as follows:
         (f)  The panel shall recommend the dismissal of the complaint
  or allegations or, if the panel determines that the affected
  physician has violated a statute, [or] board rule, or standard of
  care, the panel may recommend board action and terms for an informal
  settlement of the case.
         (g)  The panel's recommendations under Subsection (f) must
  be made in a written order and presented to the affected physician
  and the physician's authorized representative.  The order must
  state the specific basis for the order, including the specific
  statute, board rule, or standard of care that each act violates.
         (g-1)  The physician may accept the proposed settlement
  within the time established by the panel at the informal meeting.  
  If the physician rejects the proposed settlement or does not act
  within the required time, the board may proceed with the filing of a
  formal complaint with the State Office of Administrative Hearings.
         SECTION 4.  Section 164.005(f), Occupations Code, is amended
  to read as follows:
         (f)  A formal complaint must allege with reasonable
  certainty each specific act relied on by the board to constitute a
  violation of a specific statute, [or] rule, or standard of care.
  The formal complaint must be specific enough to:
               (1)  enable a person of common understanding to know
  what is meant by the formal complaint; and
               (2)  give the person who is the subject of the formal
  complaint notice of each particular act alleged to be a violation of
  a specific statute, [or] rule, or standard of care.
         SECTION 5.  Subchapter A, Chapter 164, Occupations Code, is
  amended by adding Section 164.0061 to read as follows:
         Sec. 164.0061.  ADDITIONAL CHARGE OR ALLEGED VIOLATION. In
  a formal complaint filed under Section 164.005 or in a contested
  case before the State Office of Administrative Hearings, the board
  may not add a charge or alleged violation from a different
  investigation to the complaint or case unless the board has
  attempted to resolve the additional charge or alleged violation
  through an informal proceeding under Section 164.003.
         SECTION 6.  Sections 154.053 and 164.005, Occupations Code,
  as amended by this Act, apply only to a complaint filed on or after
  the effective date of this Act.  A complaint filed before that date
  is governed by the law in effect on the date the complaint was
  filed, and the former law is continued in effect for that purpose.
         SECTION 7.  Sections 164.003 and 164.0032, Occupations Code,
  as amended by this Act, apply only to an informal proceeding
  concerning a complaint filed on or after the effective date of this
  Act.  An informal proceeding concerning a complaint filed before
  that date is governed by the law in effect on the date the complaint
  was filed, and the former law is continued in effect for that
  purpose.
         SECTION 8.  Section 164.0061, Occupations Code, as added by
  this Act, applies only to a formal hearing that commences on or
  after the effective date of this Act. A formal hearing that
  commences before that date is governed by the law in effect at the
  time the hearing commenced, and the former law is continued in
  effect for that purpose.
         SECTION 9.  This Act takes effect September 1, 2017.