87R10036 JES-D
By: Cook H.B. No. 3559
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 Section 164.0072, 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.
For each case, the board has the sole authority and discretion to
determine the appropriate action or sanction. 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, 2021.