84R25062 MAW-D
By: Zedler H.B. No. 179
Substitute the following for H.B. No. 179:
By: Crownover C.S.H.B. No. 179
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 provide notice to [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
nature of the complaint] unless the notice would jeopardize an
investigation. The notice must include:
(1) the specific allegations made in the complaint;
and
(2) a copy of the complaint that has been redacted to
remove the name of the complainant.
SECTION 2. Section 154.0561, Occupations Code, is amended
by adding Subsection (e) to read as follows:
(e) Each physician on an expert physician panel authorized
under Section 154.056(e) who is reviewing a complaint must practice
in the same specialty as the physician who is the subject of the
complaint.
SECTION 3. 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 factual [nature
of the] allegations, 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 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 and a
statement explaining exactly how the standard of care was violated.
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 4. 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 the specific basis for the order, including the specific
statute, board rule, or standard of care that each act violates.
(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 5. 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 6. Sections 154.053, 154.0561, 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. This Act takes effect September 1, 2015.