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A BILL TO BE ENTITLED
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AN ACT
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relating to certain duties of the Texas Medical Board regarding a |
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complaint against a license holder. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 164.007, Occupations Code, is amended by |
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amending Subsection (a-1) and adding Subsection (a-2) to read as |
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follows: |
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(a-1) Subject to the board's authority to obtain judicial |
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review under Subsection (a-2), if the administrative law judge |
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determines that the complaint that is the subject of the contested |
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case is baseless, unfounded, or based on insufficient evidence, not |
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later than the 10th business day after the date of the judge's order |
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the board shall, as applicable: |
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(1) if the board reported the complaint to a federal |
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entity, including the National Practitioner Data Bank, submit a |
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void report to the entity; and |
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(2) remove from the board's Internet website: |
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(A) any description of the complaint; and |
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(B) any previous board order regarding the |
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complaint. |
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(a-2) Notwithstanding Section 2001.058(e), Government |
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Code, the board may not change a finding of fact or conclusion of |
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law or vacate or modify an order of the administrative law judge. |
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The board may obtain judicial review of any finding of fact or |
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conclusion of law issued by the administrative law judge as |
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provided by Section 2001.058(f)(5), Government Code. For each |
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case, the board has the sole authority and discretion to determine |
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the appropriate action or sanction, and the administrative law |
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judge may not make any recommendation regarding the appropriate |
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action or sanction. |
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SECTION 2. The change in law made by this Act applies only |
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to a complaint for which a disciplinary order or action of the Texas |
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Medical Board: |
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(1) is involved in litigation on the effective date of |
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this Act; or |
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(2) becomes final on or after the effective date of |
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this Act. |
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SECTION 3. This Act takes effect September 1, 2019. |