Texas 2017 - 85th Regular

Texas House Bill HB537 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R4156 MAW-D
2	2	By: Zedler H.B. No. 537
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the investigation and resolution of complaints filed
8	8	against physicians.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 154.053(a), Occupations Code, is amended
11	11	to read as follows:
12	12	(a) The board shall notify a physician who is the subject of
13	13	a complaint filed with the board that a complaint has been filed and
14	14	shall notify the physician of the specific allegations made in
15	15	[nature of] the complaint unless the notice would jeopardize an
16	16	investigation.
17	17	SECTION 2. Section 164.003(f), Occupations Code, is amended
18	18	to read as follows:
19	19	(f) The notice required by Subsection (b)(2) must be
20	20	accompanied by a written statement of the specific factual [nature
21	21	of the] allegations, the specific statute, rule, or standard of
22	22	care alleged to be violated, [and] the information the board
23	23	intends to use at the meeting, and the credentials of any expert the
24	24	board intends to rely on at the meeting. If the board does not
25	25	provide the statement or information at that time, the license
26	26	holder may use that failure as grounds for rescheduling the
27	27	informal meeting. If the complaint includes an allegation that the
28	28	license holder has violated the standard of care, the notice must
29	29	include a copy of the report by the expert physician reviewer. The
30	30	license holder must provide to the board the license holder's
31	31	rebuttal at least 15 business days before the date of the meeting in
32	32	order for the information to be considered at the meeting.
33	33	SECTION 3. Section 164.0032, Occupations Code, is amended
34	34	by amending Subsections (f) and (g) and adding Subsection (g-1) to
35	35	read as follows:
36	36	(f) The panel shall recommend the dismissal of the complaint
37	37	or allegations or, if the panel determines that the affected
38	38	physician has violated a statute, [or] board rule, or standard of
39	39	care, the panel may recommend board action and terms for an informal
40	40	settlement of the case.
41	41	(g) The panel's recommendations under Subsection (f) must
42	42	be made in a written order and presented to the affected physician
43	43	and the physician's authorized representative. The order must
44	44	state the specific basis for the order, including the specific
45	45	statute, board rule, or standard of care that each act violates.
46	46	(g-1) The physician may accept the proposed settlement
47	47	within the time established by the panel at the informal meeting.
48	48	If the physician rejects the proposed settlement or does not act
49	49	within the required time, the board may proceed with the filing of a
50	50	formal complaint with the State Office of Administrative Hearings.
51	51	SECTION 4. Section 164.005(f), Occupations Code, is amended
52	52	to read as follows:
53	53	(f) A formal complaint must allege with reasonable
54	54	certainty each specific act relied on by the board to constitute a
55	55	violation of a specific statute, [or] rule, or standard of care.
56	56	The formal complaint must be specific enough to:
57	57	(1) enable a person of common understanding to know
58	58	what is meant by the formal complaint; and
59	59	(2) give the person who is the subject of the formal
60	60	complaint notice of each particular act alleged to be a violation of
61	61	a specific statute, [or] rule, or standard of care.
62	62	SECTION 5. Subchapter A, Chapter 164, Occupations Code, is
63	63	amended by adding Section 164.0061 to read as follows:
64	64	Sec. 164.0061. ADDITIONAL CHARGE OR ALLEGED VIOLATION. In
65	65	a formal complaint filed under Section 164.005 or in a contested
66	66	case before the State Office of Administrative Hearings, the board
67	67	may not add a charge or alleged violation from a different
68	68	investigation to the complaint or case unless the board has
69	69	attempted to resolve the additional charge or alleged violation
70	70	through an informal proceeding under Section 164.003.
71	71	SECTION 6. Sections 154.053 and 164.005, Occupations Code,
72	72	as amended by this Act, apply only to a complaint filed on or after
73	73	the effective date of this Act. A complaint filed before that date
74	74	is governed by the law in effect on the date the complaint was
75	75	filed, and the former law is continued in effect for that purpose.
76	76	SECTION 7. Sections 164.003 and 164.0032, Occupations Code,
77	77	as amended by this Act, apply only to an informal proceeding
78	78	concerning a complaint filed on or after the effective date of this
79	79	Act. An informal proceeding concerning a complaint filed before
80	80	that date is governed by the law in effect on the date the complaint
81	81	was filed, and the former law is continued in effect for that
82	82	purpose.
83	83	SECTION 8. Section 164.0061, Occupations Code, as added by
84	84	this Act, applies only to a formal hearing that commences on or
85	85	after the effective date of this Act. A formal hearing that
86	86	commences before that date is governed by the law in effect at the
87	87	time the hearing commenced, and the former law is continued in
88	88	effect for that purpose.
89	89	SECTION 9. This Act takes effect September 1, 2017.