83R2115 MAW-D
By: Zedler H.B. No. 286
A BILL TO BE ENTITLED
AN ACT
relating to the investigation and resolution of complaints filed
against physicians.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 154.053(a), Occupations Code, is amended
to read as follows:
(a) The board shall notify a physician who is the subject of
a complaint filed with the board that a complaint has been filed and
shall notify the physician of the specific allegations made in
[nature of] the complaint unless the notice would jeopardize an
investigation.
SECTION 2. Section 164.003(f), Occupations Code, is amended
to read as follows:
(f) The notice required by Subsection (b)(2) must be
accompanied by a written statement of the specific [nature of the]
allegations made in the complaint, the specific statute, rule, or
standard of care alleged to be violated, [and] the information the
board intends to use at the meeting, and the identity and
credentials of any expert the board intends to rely on at the
meeting. If the board does not provide the statement or information
at that time, the license holder may use that failure as grounds for
rescheduling the informal meeting. If the complaint includes an
allegation that the license holder has violated the standard of
care, the notice must include a copy of the report by the expert
physician reviewer. The license holder must provide to the board
the license holder's rebuttal at least 15 business days before the
date of the meeting in order for the information to be considered at
the meeting.
SECTION 3. Section 164.0032, Occupations Code, is amended
by amending Subsections (f) and (g) and adding Subsection (g-1) to
read as follows:
(f) The panel shall recommend the dismissal of the complaint
or allegations or, if the panel determines that the affected
physician has violated a statute, [or] board rule, or standard of
care, the panel may recommend board action and terms for an informal
settlement of the case.
(g) The panel's recommendations under Subsection (f) must
be made in a written order and presented to the affected physician
and the physician's authorized representative. The order must
state each specific act the panel has determined is a violation and
the specific statute, board rule, or standard of care the act
violates if the panel determines that the affected physician has
violated a statute, board rule, or standard of care.
(g-1) The physician may accept the proposed settlement
within the time established by the panel at the informal meeting.
If the physician rejects the proposed settlement or does not act
within the required time, the board may proceed with the filing of a
formal complaint with the State Office of Administrative Hearings.
SECTION 4. Section 164.005(f), Occupations Code, is amended
to read as follows:
(f) A formal complaint must allege with reasonable
certainty each specific act relied on by the board to constitute a
violation of a specific statute, [or] rule, or standard of care.
The formal complaint must be specific enough to:
(1) enable a person of common understanding to know
what is meant by the formal complaint; and
(2) give the person who is the subject of the formal
complaint notice of each particular act alleged to be a violation of
a specific statute, [or] rule, or standard of care.
SECTION 5. Subchapter A, Chapter 164, Occupations Code, is
amended by adding Section 164.0061 to read as follows:
Sec. 164.0061. ADDITIONAL CHARGE OR ALLEGED VIOLATION. In
a formal complaint filed under Section 164.005 or in a contested
case before the State Office of Administrative Hearings, the board
may not add a charge or alleged violation to the complaint or case
unless the board has attempted to resolve the additional charge or
alleged violation through an informal proceeding under Section
164.003.
SECTION 6. Sections 154.053 and 164.005, Occupations Code,
as amended by this Act, apply only to a complaint filed on or after
the effective date of this Act. A complaint filed before that date
is governed by the law in effect on the date the complaint was
filed, and the former law is continued in effect for that purpose.
SECTION 7. Sections 164.003 and 164.0032, Occupations Code,
as amended by this Act, apply only to an informal proceeding
concerning a complaint filed on or after the effective date of this
Act. An informal proceeding concerning a complaint filed before
that date is governed by the law in effect on the date the complaint
was filed, and the former law is continued in effect for that
purpose.
SECTION 8. Section 164.0061, Occupations Code, as added by
this Act, applies only to a formal hearing that commences on or
after the effective date of this Act. A formal hearing that
commences before that date is governed by the law in effect at the
time the hearing commenced, and the former law is continued in
effect for that purpose.
SECTION 9. This Act takes effect September 1, 2013.