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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 an |
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alleged violation by 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 alleged violation that is the subject of the |
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contested case did not occur, the board shall, as applicable: |
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(1) if the board reported the alleged violation to the |
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National Practitioner Data Bank, submit a supplemental report to |
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the data bank stating that the violation did not occur; and |
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(2) remove from the board's Internet website: |
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(A) any description of the alleged violation; and |
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(B) any previous board order regarding the |
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alleged violation. |
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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. This Act takes effect September 1, 2019. |