86R17257 MAW-D
By: Zedler, Minjarez H.B. No. 602
Substitute the following for H.B. No. 602:
By: Thompson of Harris C.S.H.B. No. 602
A BILL TO BE ENTITLED
AN ACT
relating to certain duties of the Texas Medical Board regarding a
complaint against a license holder.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 164.007, Occupations Code, is amended by
amending Subsection (a-1) and adding Subsection (a-2) to read as
follows:
(a-1) Subject to the board's authority to obtain judicial
review under Subsection (a-2), if the administrative law judge
determines that the complaint that is the subject of the contested
case is baseless, unfounded, or based on insufficient evidence, not
later than the 10th business day after the date of the judge's order
the board shall, as applicable:
(1) if the board reported the complaint to a federal
entity, including the National Practitioner Data Bank, submit a
void report to the entity; and
(2) remove from the board's Internet website:
(A) any description of the complaint; and
(B) any previous board order regarding the
complaint.
(a-2) Notwithstanding Section 2001.058(e), Government
Code, the board may not change a finding of fact or conclusion of
law or vacate or modify an order of the administrative law judge.
The board may obtain judicial review of any finding of fact or
conclusion of law issued by the administrative law judge as
provided by Section 2001.058(f)(5), Government Code. For each
case, the board has the sole authority and discretion to determine
the appropriate action or sanction, and the administrative law
judge may not make any recommendation regarding the appropriate
action or sanction.
SECTION 2. The change in law made by this Act applies only
to a complaint for which a disciplinary order or action of the Texas
Medical Board:
(1) is involved in litigation on the effective date of
this Act; or
(2) becomes final on or after the effective date of
this Act.
SECTION 3. This Act takes effect September 1, 2019.