| 1 | 1 | | 84R9743 EES-F |
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| 2 | 2 | | By: Zerwas H.B. No. 4008 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to procedures for complaints filed with the Texas Medical |
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| 8 | 8 | | Board against physicians. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 154.053(a), Occupations Code, is amended |
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| 11 | 11 | | to read as follows: |
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| 12 | 12 | | (a) The board shall notify by personal delivery or certified |
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| 13 | 13 | | mail a physician who is the subject of a complaint filed with the |
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| 14 | 14 | | board that a complaint has been filed and shall provide [notify] the |
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| 15 | 15 | | physician with a full copy [of the nature] of the complaint, without |
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| 16 | 16 | | redaction, and a statement of the alleged violation in plain |
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| 17 | 17 | | language [unless the notice would jeopardize an investigation]. |
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| 18 | 18 | | SECTION 2. Section 154.0561, Occupations Code, is amended |
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| 19 | 19 | | by adding Subsections (e) and (f) to read as follows: |
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| 20 | 20 | | (e) The board shall deliver a copy of the preliminary and |
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| 21 | 21 | | final reports, including any dissenting or minority report, to the |
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| 22 | 22 | | physician who is the subject of the review. |
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| 23 | 23 | | (f) The name and medical credentials of each physician who |
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| 24 | 24 | | files an expert report shall be provided to the physician who is the |
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| 25 | 25 | | subject of the review. |
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| 26 | 26 | | SECTION 3. Not later than November 1, 2015, the Texas |
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| 27 | 27 | | Medical Board shall adopt the rules required to implement the |
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| 28 | 28 | | changes in law made by this Act. |
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| 29 | 29 | | SECTION 4. Sections 154.053 and 154.0561, Occupations Code, |
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| 30 | 30 | | as amended by this Act, apply only to a complaint filed on or after |
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| 31 | 31 | | November 1, 2015. A complaint filed before that date is governed by |
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| 32 | 32 | | the law in effect on the date the complaint was filed, and the |
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| 33 | 33 | | former law is continued in effect for that purpose. |
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| 34 | 34 | | SECTION 5. This Act takes effect September 1, 2015. |
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