Texas 2015 - 84th Regular

Texas House Bill HB179 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R25062 MAW-D
2	2	By: Zedler H.B. No. 179
3	3	Substitute the following for H.B. No. 179:
4	4	By: Crownover C.S.H.B. No. 179
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 provide notice to [notify] a physician
15	15	who is the subject of a complaint filed with the board [that a
16	16	complaint has been filed and shall notify the physician of the
17	17	nature of the complaint] unless the notice would jeopardize an
18	18	investigation. The notice must include:
19	19	(1) the specific allegations made in the complaint;
20	20	and
21	21	(2) a copy of the complaint that has been redacted to
22	22	remove the name of the complainant.
23	23	SECTION 2. Section 154.0561, Occupations Code, is amended
24	24	by adding Subsection (e) to read as follows:
25	25	(e) Each physician on an expert physician panel authorized
26	26	under Section 154.056(e) who is reviewing a complaint must practice
27	27	in the same specialty as the physician who is the subject of the
28	28	complaint.
29	29	SECTION 3. Section 164.003(f), Occupations Code, is amended
30	30	to read as follows:
31	31	(f) The notice required by Subsection (b)(2) must be
32	32	accompanied by a written statement of the specific factual [nature
33	33	of the] allegations, the specific statute, rule, or standard of
34	34	care alleged to be violated, [and] the information the board
35	35	intends to use at the meeting, and the credentials of any expert the
36	36	board intends to rely on at the meeting. If the board does not
37	37	provide the statement or information at that time, the license
38	38	holder may use that failure as grounds for rescheduling the
39	39	informal meeting. If the complaint includes an allegation that the
40	40	license holder has violated the standard of care, the notice must
41	41	include a copy of the report by the expert physician reviewer and a
42	42	statement explaining exactly how the standard of care was violated.
43	43	The license holder must provide to the board the license holder's
44	44	rebuttal at least 15 business days before the date of the meeting in
45	45	order for the information to be considered at the meeting.
46	46	SECTION 4. Section 164.0032, Occupations Code, is amended
47	47	by amending Subsections (f) and (g) and adding Subsection (g-1) to
48	48	read as follows:
49	49	(f) The panel shall recommend the dismissal of the complaint
50	50	or allegations or, if the panel determines that the affected
51	51	physician has violated a statute, [or] board rule, or standard of
52	52	care, the panel may recommend board action and terms for an informal
53	53	settlement of the case.
54	54	(g) The panel's recommendations under Subsection (f) must
55	55	be made in a written order and presented to the affected physician
56	56	and the physician's authorized representative. The order must
57	57	state the specific basis for the order, including the specific
58	58	statute, board rule, or standard of care that each act violates.
59	59	(g-1) The physician may accept the proposed settlement
60	60	within the time established by the panel at the informal meeting.
61	61	If the physician rejects the proposed settlement or does not act
62	62	within the required time, the board may proceed with the filing of a
63	63	formal complaint with the State Office of Administrative Hearings.
64	64	SECTION 5. Section 164.005(f), Occupations Code, is amended
65	65	to read as follows:
66	66	(f) A formal complaint must allege with reasonable
67	67	certainty each specific act relied on by the board to constitute a
68	68	violation of a specific statute, [or] rule, or standard of care.
69	69	The formal complaint must be specific enough to:
70	70	(1) enable a person of common understanding to know
71	71	what is meant by the formal complaint; and
72	72	(2) give the person who is the subject of the formal
73	73	complaint notice of each particular act alleged to be a violation of
74	74	a specific statute, [or] rule, or standard of care.
75	75	SECTION 6. Sections 154.053, 154.0561, and 164.005,
76	76	Occupations Code, as amended by this Act, apply only to a complaint
77	77	filed on or after the effective date of this Act. A complaint filed
78	78	before that date is governed by the law in effect on the date the
79	79	complaint was filed, and the former law is continued in effect for
80	80	that purpose.
81	81	SECTION 7. Sections 164.003 and 164.0032, Occupations Code,
82	82	as amended by this Act, apply only to an informal proceeding
83	83	concerning a complaint filed on or after the effective date of this
84	84	Act. An informal proceeding concerning a complaint filed before
85	85	that date is governed by the law in effect on the date the complaint
86	86	was filed, and the former law is continued in effect for that
87	87	purpose.
88	88	SECTION 8. This Act takes effect September 1, 2015.