Texas 2011 - 82nd Regular

Texas Senate Bill SB227 Compare Versions

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Old	New	Differences
1	1	By: Nelson S.B. No. 227
2	2	(King of Taylor)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the nondisciplinary resolution of certain complaints
8	8	filed against physicians.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter A, Chapter 164, Occupations Code, is
11	11	amended by adding Section 164.0015 to read as follows:
12	12	Sec. 164.0015. REMEDIAL PLAN. (a) In addition to the
13	13	authority under Sections 164.001 and 164.002, the board may issue
14	14	and establish the terms of a remedial plan to resolve the
15	15	investigation of a complaint relating to this subtitle.
16	16	(b) A remedial plan may not contain a provision that:
17	17	(1) revokes, suspends, limits, or restricts a person's
18	18	license or other authorization to practice medicine; or
19	19	(2) assesses an administrative penalty against a
20	20	person.
21	21	(c) A remedial plan may not be imposed to resolve a
22	22	complaint:
23	23	(1) concerning:
24	24	(A) a patient death;
25	25	(B) the commission of a felony; or
26	26	(C) a matter in which the physician engaged in
27	27	inappropriate sexual behavior or contact with a patient or became
28	28	financially or personally involved with a patient in an
29	29	inappropriate manner; or
30	30	(2) in which the appropriate resolution may involve a
31	31	restriction on the manner in which a license holder practices
32	32	medicine.
33	33	(d) The board may not issue a remedial plan to resolve a
34	34	complaint against a license holder if the license holder has
35	35	previously entered into a remedial plan with the board for the
36	36	resolution of a different complaint relating to this subtitle.
37	37	(e) The board may assess a fee against a license holder
38	38	participating in a remedial plan in an amount necessary to recover
39	39	the costs of administering the plan.
40	40	(f) The board shall adopt rules necessary to implement this
41	41	section.
42	42	SECTION 2. Subsections (c) and (d), Section 164.002,
43	43	Occupations Code, are amended to read as follows:
44	44	(c) An agreed disposition is a disciplinary order for
45	45	purposes of reporting under this subtitle and of administrative
46	46	hearings and proceedings by state and federal regulatory agencies
47	47	regarding the practice of medicine. An agreed disposition or a
48	48	remedial plan under Section 164.0015 is public information.
49	49	(d) In civil litigation, an agreed disposition or a remedial
50	50	plan under Section 164.0015 is a settlement agreement under Rule
51	51	408, Texas Rules of Evidence. This subsection does not apply to a
52	52	license holder who has previously entered into an agreed
53	53	disposition with the board of a different disciplinary matter or
54	54	whose license the board is seeking to revoke.
55	55	SECTION 3. (a) The Texas Medical Board shall adopt rules
56	56	under Section 164.0015, Occupations Code, as added by this Act, not
57	57	later than January 1, 2012.
58	58	(b) Section 164.0015, Occupations Code, as added by this
59	59	Act, applies only to a complaint under Subtitle B, Title 3,
60	60	Occupations Code, filed on or after the effective date of this Act.
61	61	A complaint under Subtitle B, Title 3, Occupations Code, filed
62	62	before that date is governed by the law in effect on the date the
63	63	complaint was filed, and that law is continued in effect for that
64	64	purpose.
65	65	SECTION 4. This Act takes effect September 1, 2011.