Texas 2013 - 83rd Regular

Texas House Bill HB286 Compare Versions

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1	1	83R23194 MAW-D
2	2	By: Zedler H.B. No. 286
3	3	Substitute the following for H.B. No. 286:
4	4	By: Kolkhorst C.S.H.B. No. 286
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the investigation and resolution of complaints filed
10	10	against physicians.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 154.053(a), Occupations Code, is amended
13	13	to read as follows:
14	14	(a) The board shall notify a physician who is the subject of
15	15	a complaint filed with the board that a complaint has been filed and
16	16	shall notify the physician of the specific allegations made in
17	17	[nature of] the complaint unless the notice would jeopardize an
18	18	investigation.
19	19	SECTION 2. Section 164.003(f), Occupations Code, is amended
20	20	to read as follows:
21	21	(f) The notice required by Subsection (b)(2) must be
22	22	accompanied by a written statement of the specific factual [nature
23	23	of the] allegations, the specific statute, rule, or standard of
24	24	care alleged to be violated, [and] the information the board
25	25	intends to use at the meeting, and the credentials of any expert the
26	26	board intends to rely on at the meeting. If the board does not
27	27	provide the statement or information at that time, the license
28	28	holder may use that failure as grounds for rescheduling the
29	29	informal meeting. If the complaint includes an allegation that the
30	30	license holder has violated the standard of care, the notice must
31	31	include a copy of the report by the expert physician reviewer. The
32	32	license holder must provide to the board the license holder's
33	33	rebuttal at least 15 business days before the date of the meeting in
34	34	order for the information to be considered at the meeting.
35	35	SECTION 3. Section 164.0032, Occupations Code, is amended
36	36	by amending Subsections (f) and (g) and adding Subsection (g-1) to
37	37	read as follows:
38	38	(f) The panel shall recommend the dismissal of the complaint
39	39	or allegations or, if the panel determines that the affected
40	40	physician has violated a statute, [or] board rule, or standard of
41	41	care, the panel may recommend board action and terms for an informal
42	42	settlement of the case.
43	43	(g) The panel's recommendations under Subsection (f) must
44	44	be made in a written order and presented to the affected physician
45	45	and the physician's authorized representative. The order must
46	46	state the specific basis for the order, including the specific
47	47	statute, board rule, or standard of care that each act violates.
48	48	(g-1) The physician may accept the proposed settlement
49	49	within the time established by the panel at the informal meeting.
50	50	If the physician rejects the proposed settlement or does not act
51	51	within the required time, the board may proceed with the filing of a
52	52	formal complaint with the State Office of Administrative Hearings.
53	53	SECTION 4. Section 164.005(f), Occupations Code, is amended
54	54	to read as follows:
55	55	(f) A formal complaint must allege with reasonable
56	56	certainty each specific act relied on by the board to constitute a
57	57	violation of a specific statute, [or] rule, or standard of care.
58	58	The formal complaint must be specific enough to:
59	59	(1) enable a person of common understanding to know
60	60	what is meant by the formal complaint; and
61	61	(2) give the person who is the subject of the formal
62	62	complaint notice of each particular act alleged to be a violation of
63	63	a specific statute, [or] rule, or standard of care.
64	64	SECTION 5. Subchapter A, Chapter 164, Occupations Code, is
65	65	amended by adding Section 164.0061 to read as follows:
66	66	Sec. 164.0061. ADDITIONAL CHARGE OR ALLEGED VIOLATION. In
67	67	a formal complaint filed under Section 164.005 or in a contested
68	68	case before the State Office of Administrative Hearings, the board
69	69	may not add a charge or alleged violation from a different
70	70	investigation to the complaint or case unless the board has
71	71	attempted to resolve the additional charge or alleged violation
72	72	through an informal proceeding under Section 164.003.
73	73	SECTION 6. Sections 154.053 and 164.005, Occupations Code,
74	74	as amended by this Act, apply only to a complaint filed on or after
75	75	the effective date of this Act. A complaint filed before that date
76	76	is governed by the law in effect on the date the complaint was
77	77	filed, and the former law is continued in effect for that purpose.
78	78	SECTION 7. Sections 164.003 and 164.0032, Occupations Code,
79	79	as amended by this Act, apply only to an informal proceeding
80	80	concerning a complaint filed on or after the effective date of this
81	81	Act. An informal proceeding concerning a complaint filed before
82	82	that date is governed by the law in effect on the date the complaint
83	83	was filed, and the former law is continued in effect for that
84	84	purpose.
85	85	SECTION 8. Section 164.0061, Occupations Code, as added by
86	86	this Act, applies only to a formal hearing that commences on or
87	87	after the effective date of this Act. A formal hearing that
88	88	commences before that date is governed by the law in effect at the
89	89	time the hearing commenced, and the former law is continued in
90	90	effect for that purpose.
91	91	SECTION 9. This Act takes effect September 1, 2013.