By: Nelson S.B. No. 227
(King of Taylor)
A BILL TO BE ENTITLED
AN ACT
relating to the nondisciplinary resolution of certain complaints
filed against physicians.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 164, Occupations Code, is
amended by adding Section 164.0015 to read as follows:
Sec. 164.0015. REMEDIAL PLAN. (a) In addition to the
authority under Sections 164.001 and 164.002, the board may issue
and establish the terms of a remedial plan to resolve the
investigation of a complaint relating to this subtitle.
(b) A remedial plan may not contain a provision that:
(1) revokes, suspends, limits, or restricts a person's
license or other authorization to practice medicine; or
(2) assesses an administrative penalty against a
person.
(c) A remedial plan may not be imposed to resolve a
complaint:
(1) concerning:
(A) a patient death;
(B) the commission of a felony; or
(C) a matter in which the physician engaged in
inappropriate sexual behavior or contact with a patient or became
financially or personally involved with a patient in an
inappropriate manner; or
(2) in which the appropriate resolution may involve a
restriction on the manner in which a license holder practices
medicine.
(d) The board may not issue a remedial plan to resolve a
complaint against a license holder if the license holder has
previously entered into a remedial plan with the board for the
resolution of a different complaint relating to this subtitle.
(e) The board may assess a fee against a license holder
participating in a remedial plan in an amount necessary to recover
the costs of administering the plan.
(f) The board shall adopt rules necessary to implement this
section.
SECTION 2. Subsections (c) and (d), Section 164.002,
Occupations Code, are amended to read as follows:
(c) An agreed disposition is a disciplinary order for
purposes of reporting under this subtitle and of administrative
hearings and proceedings by state and federal regulatory agencies
regarding the practice of medicine. An agreed disposition or a
remedial plan under Section 164.0015 is public information.
(d) In civil litigation, an agreed disposition or a remedial
plan under Section 164.0015 is a settlement agreement under Rule
408, Texas Rules of Evidence. This subsection does not apply to a
license holder who has previously entered into an agreed
disposition with the board of a different disciplinary matter or
whose license the board is seeking to revoke.
SECTION 3. (a) The Texas Medical Board shall adopt rules
under Section 164.0015, Occupations Code, as added by this Act, not
later than January 1, 2012.
(b) Section 164.0015, Occupations Code, as added by this
Act, applies only to a complaint under Subtitle B, Title 3,
Occupations Code, filed on or after the effective date of this Act.
A complaint under Subtitle B, Title 3, Occupations Code, filed
before that date is governed by the law in effect on the date the
complaint was filed, and that law is continued in effect for that
purpose.
SECTION 4. This Act takes effect September 1, 2011.