| 1 | 1 | | 87R10036 JES-D |
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| 2 | 2 | | By: Cook H.B. No. 3559 |
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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 certain duties of the Texas Medical Board regarding a |
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| 8 | 8 | | complaint against a license holder. |
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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 164.007, Occupations Code, is amended by |
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| 11 | 11 | | amending Subsection (a-1) and adding Subsection (a-2) to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | (a-1) Subject to the board's authority to obtain judicial |
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| 14 | 14 | | review under Section 164.0072, if the administrative law judge |
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| 15 | 15 | | determines that the complaint that is the subject of the contested |
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| 16 | 16 | | case is baseless, unfounded, or based on insufficient evidence, not |
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| 17 | 17 | | later than the 10th business day after the date of the judge's order |
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| 18 | 18 | | the board shall, as applicable: |
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| 19 | 19 | | (1) if the board reported the complaint to a federal |
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| 20 | 20 | | entity, including the National Practitioner Data Bank, submit a |
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| 21 | 21 | | void report to the entity; and |
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| 22 | 22 | | (2) remove from the board's Internet website: |
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| 23 | 23 | | (A) any description of the complaint; and |
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| 24 | 24 | | (B) any previous board order regarding the |
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| 25 | 25 | | complaint. |
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| 26 | 26 | | (a-2) Notwithstanding Section 2001.058(e), Government |
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| 27 | 27 | | Code, the board may not change a finding of fact or conclusion of |
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| 28 | 28 | | law or vacate or modify an order of the administrative law judge. |
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| 29 | 29 | | For each case, the board has the sole authority and discretion to |
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| 30 | 30 | | determine the appropriate action or sanction. The administrative |
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| 31 | 31 | | law judge may not make any recommendation regarding the appropriate |
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| 32 | 32 | | action or sanction. |
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| 33 | 33 | | SECTION 2. The change in law made by this Act applies only |
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| 34 | 34 | | to a complaint for which a disciplinary order or action of the Texas |
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| 35 | 35 | | Medical Board: |
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| 36 | 36 | | (1) is involved in litigation on the effective date of |
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| 37 | 37 | | this Act; or |
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| 38 | 38 | | (2) becomes final on or after the effective date of |
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| 39 | 39 | | this Act. |
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| 40 | 40 | | SECTION 3. This Act takes effect September 1, 2021. |
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