| Old | New | Differences | |
|---|---|---|---|
| 1 | - | 86R17257 MAW-D | |
| 2 | - | By: Zedler, Minjarez H.B. No. 602 | |
| 3 | - | Substitute the following for H.B. No. 602: | |
| 4 | - | By: Thompson of Harris C.S.H.B. No. 602 | |
| 1 | + | 86R5615 MAW-D | |
| 2 | + | By: Zedler H.B. No. 602 | |
| 5 | 3 | ||
| 6 | 4 | ||
| 7 | 5 | A BILL TO BE ENTITLED | |
| 8 | 6 | AN ACT | |
| 9 | - | relating to certain duties of the Texas Medical Board regarding | |
| 10 | - | | |
| 7 | + | relating to certain duties of the Texas Medical Board regarding an | |
| 8 | + | alleged violation by a license holder. | |
| 11 | 9 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 12 | 10 | SECTION 1. Section 164.007, Occupations Code, is amended by | |
| 13 | 11 | amending Subsection (a-1) and adding Subsection (a-2) to read as | |
| 14 | 12 | follows: | |
| 15 | 13 | (a-1) Subject to the board's authority to obtain judicial | |
| 16 | 14 | review under Subsection (a-2), if the administrative law judge | |
| 17 | - | determines that the complaint that is the subject of the contested | |
| 18 | - | case is baseless, unfounded, or based on insufficient evidence, not | |
| 19 | - | later than the 10th business day after the date of the judge's order | |
| 20 | - | the board shall, as applicable: | |
| 21 | - | (1) if the board reported the complaint to a federal | |
| 22 | - | entity, including the National Practitioner Data Bank, submit a | |
| 23 | - | void report to the entity; and | |
| 15 | + | determines that the alleged violation that is the subject of the | |
| 16 | + | contested case did not occur, the board shall, as applicable: | |
| 17 | + | (1) if the board reported the alleged violation to the | |
| 18 | + | National Practitioner Data Bank, submit a supplemental report to | |
| 19 | + | the data bank stating that the violation did not occur; and | |
| 24 | 20 | (2) remove from the board's Internet website: | |
| 25 | - | (A) any description of the | |
| 21 | + | (A) any description of the alleged violation; and | |
| 26 | 22 | (B) any previous board order regarding the | |
| 27 | - | | |
| 23 | + | alleged violation. | |
| 28 | 24 | (a-2) Notwithstanding Section 2001.058(e), Government | |
| 29 | 25 | Code, the board may not change a finding of fact or conclusion of | |
| 30 | 26 | law or vacate or modify an order of the administrative law judge. | |
| 31 | 27 | The board may obtain judicial review of any finding of fact or | |
| 32 | 28 | conclusion of law issued by the administrative law judge as | |
| 33 | 29 | provided by Section 2001.058(f)(5), Government Code. For each | |
| 34 | 30 | case, the board has the sole authority and discretion to determine | |
| 35 | 31 | the appropriate action or sanction, and the administrative law | |
| 36 | 32 | judge may not make any recommendation regarding the appropriate | |
| 37 | 33 | action or sanction. | |
| 38 | - | SECTION 2. The change in law made by this Act applies only | |
| 39 | - | to a complaint for which a disciplinary order or action of the Texas | |
| 40 | - | Medical Board: | |
| 41 | - | (1) is involved in litigation on the effective date of | |
| 42 | - | this Act; or | |
| 43 | - | (2) becomes final on or after the effective date of | |
| 44 | - | this Act. | |
| 45 | - | SECTION 3. This Act takes effect September 1, 2019. | |
| 34 | + | SECTION 2. This Act takes effect September 1, 2019. |