By: Nelson S.B. No. 191
(In the Senate - Filed November 9, 2010; January 31, 2011,
read first time and referred to Committee on Health and Human
Services; March 7, 2011, reported favorably by the following vote:
Yeas 8, Nays 0; March 7, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to disposition of a contested case by the Texas Medical
Board.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsections (a) and (a-1), Section 164.007,
Occupations Code, are amended to read as follows:
(a) The board by rule shall adopt procedures governing
formal disposition of a contested case under Chapter 2001,
Government Code. A formal hearing shall be conducted by an
administrative law judge employed by the State Office of
Administrative Hearings. After receiving the administrative law
judge's findings of fact and conclusions of law, the board shall
dispose of the contested case by issuing a final order based on the
administrative law judge's findings of fact and conclusions of law
[determine the charges on the merits].
(a-1) Notwithstanding Section 2001.058(e), Government
Code, the [The] board may not change a finding of fact or conclusion
of law or vacate or modify an order of the administrative law judge.
The board may obtain judicial review of any finding of fact or
conclusion of law issued by the administrative law judge as
provided by Section 2001.058(f)(5), Government Code. For each
case, the board has the sole authority and discretion to determine
the appropriate action or sanction, and the administrative law
judge may not make any recommendation regarding the appropriate
action or sanction [only if the board makes a determination
required by Section 2001.058(e), Government Code].
SECTION 2. Subsections (a) and (a-1), Section 164.007,
Occupations Code, as amended by this Act, apply only to a contested
case for which an administrative law judge employed by the State
Office of Administrative Hearings issues written findings of fact
and conclusions of law on or after the effective date of this Act. A
contested case for which an administrative law judge employed by
the State Office of Administrative Hearings issues written findings
of fact and conclusions of law before the effective date of this Act
is governed by the law in effect on the date the findings of fact and
conclusions of law were issued, and the former law is continued in
effect for that purpose.
SECTION 3. This Act takes effect September 1, 2011.
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