83R10011 T
By: Zerwas H.B. No. 2348
A BILL TO BE ENTITLED
AN ACT
relating to the powers and duties of the Texas Medical Board and the
regulation of certain persons licensed by the board.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 154.053, Occupations Code, is amended by
amending Subsection (a) to read as follows:
(a) The board shall notify by personal delivery or certified
mail a physician who is the subject of a complaint filed with the
board that a complaint has been filed and shall provide the
physician with a full copy, without redaction, of the complaint,
including a statement of the alleged violation in plain language.
SECTION 2. Section 154.0561, Occupations Code, is amended
by adding Subsections (e) and (f) to read as follows:
(e) The board shall deliver a copy of the preliminary and
final reports, including any dissenting or minority report, to the
physician who is the subject of the review.
(f) The name and medical credentials of each physician who
files an expert report shall be provided to the physician who is
the subject of review.
Section 3. Texas Medical Board shall adopt the rules
required under Sections 156.059 and 301.304, Occupations Code, as
added by this Act.
SECTION 4. Not later than November 1, 2013, the Texas
Medical Board shall adopt the rules required under Sections 154.053
and 154.0561, Occupations Code, as added by this Act.
SECTION 5. Not later than January 1, 2014, the Texas Medical
Board shall report to the governor, the lieutenant governor, and
the speaker of the house of representatives concerning the adoption
of rules as required by Sections 154.053 and 154.0561, Occupations
Code, as added by this Act.
SECTION 6. Sections 154.053 and 154.0561, Occupations Code,
as added by this Act, apply only to the investigation of a complaint
or a disciplinary action based on a complaint filed on or after the
effective date of this Act. The investigation of a complaint or a
disciplinary action based on a complaint 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 7. The changes in law made by this Act relating to
the Texas Medical Board's complaint procedures apply only to a
complaint filed on or after the effective date of this Act. A
complaint filed before the effective date of this Act is governed by
the law in effect on the date the complaint is filed, and the former
law is continued in effect for that purpose.
SECTION 8. This Act takes effect September 1, 2013.