87R8631 BEE-D
By: Sanford H.B. No. 4439
A BILL TO BE ENTITLED
AN ACT
relating to complaint information and disciplinary procedures of
the Texas Medical Board.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 154.055, Occupations Code, is amended to
read as follows:
Sec. 154.055. RELEASE OF COMPLAINT INFORMATION TO
LEGISLATOR [LEGISLATIVE COMMITTEE]. (a) On request from a member
of the legislature [legislative committee created under Subchapter
B, Chapter 301, Government Code], the board shall release to the
member all information regarding a complaint against a physician
[to aid in a legitimate legislative inquiry. The board may release
the information only to the members of the committee].
(b) In complying with a request under Subsection (a), the
board may not identify the complainant or the patient [and may
reveal the identity of the affected physician only to the members of
the committee].
SECTION 2. Section 164.001, Occupations Code, is amended by
adding Subsection (k) to read as follows:
(k) The board may not adopt or implement a quota for a number
of physicians to be disciplined within a specified period.
SECTION 3. Section 164.003, Occupations Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) Notwithstanding any other law, a member of the
legislature is entitled to attend any informal meeting held under
this section.
SECTION 4. Sections 164.007(a) and (a-1), Occupations Code,
are amended to read as follows:
(a) The board by rule shall adopt procedures governing
formal disposition of a contested case under Chapter 2001,
Government Code. A formal hearing shall be conducted by an
administrative law judge employed by the State Office of
Administrative Hearings. After receiving the administrative law
judge's findings of fact and conclusions of law, the board shall:
(1) dispose of the contested case by issuing a final
order based on the administrative law judge's findings of fact and
conclusions of law, which must include dismissal of the contested
case if the findings of fact and conclusions of law establish that
the physician did not violate a provision of this code or board
rule; or
(2) appeal the administrative law judge's findings of
fact and conclusions of law in the manner provided by Section
164.0072.
(a-1) 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 for a violation of a
provision of this code or board rule. The administrative law judge
may not make any recommendation regarding the appropriate action or
sanction.
SECTION 5. Sections 164.007(a) and (a-1), Occupations Code,
as amended by this Act, apply only to a contested case for which an
administrative law judge issues written findings of fact and
conclusions of law on or after the effective date of this Act. A
contested case for which an administrative law judge issues written
findings of fact and conclusions of law before the effective date of
this Act is governed by the law in effect on the date the findings of
fact and conclusions of law were issued, and the former law is
continued in effect for that purpose.
SECTION 6. This Act takes effect September 1, 2021.