Texas 2021 - 87th Regular

Texas Senate Bill SB961 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R8631 BEE-D
2	2	By: Hughes S.B. No. 961
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to complaint information and disciplinary procedures of
8	8	the Texas Medical Board.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 154.055, Occupations Code, is amended to
11	11	read as follows:
12	12	Sec. 154.055. RELEASE OF COMPLAINT INFORMATION TO
13	13	LEGISLATOR [LEGISLATIVE COMMITTEE]. (a) On request from a member
14	14	of the legislature [legislative committee created under Subchapter
15	15	B, Chapter 301, Government Code], the board shall release to the
16	16	member all information regarding a complaint against a physician
17	17	[to aid in a legitimate legislative inquiry. The board may release
18	18	the information only to the members of the committee].
19	19	(b) In complying with a request under Subsection (a), the
20	20	board may not identify the complainant or the patient [and may
21	21	reveal the identity of the affected physician only to the members of
22	22	the committee].
23	23	SECTION 2. Section 164.001, Occupations Code, is amended by
24	24	adding Subsection (k) to read as follows:
25	25	(k) The board may not adopt or implement a quota for a number
26	26	of physicians to be disciplined within a specified period.
27	27	SECTION 3. Section 164.003, Occupations Code, is amended by
28	28	adding Subsection (b-1) to read as follows:
29	29	(b-1) Notwithstanding any other law, a member of the
30	30	legislature is entitled to attend any informal meeting held under
31	31	this section.
32	32	SECTION 4. Sections 164.007(a) and (a-1), Occupations Code,
33	33	are amended to read as follows:
34	34	(a) The board by rule shall adopt procedures governing
35	35	formal disposition of a contested case under Chapter 2001,
36	36	Government Code. A formal hearing shall be conducted by an
37	37	administrative law judge employed by the State Office of
38	38	Administrative Hearings. After receiving the administrative law
39	39	judge's findings of fact and conclusions of law, the board shall:
40	40	(1) dispose of the contested case by issuing a final
41	41	order based on the administrative law judge's findings of fact and
42	42	conclusions of law, which must include dismissal of the contested
43	43	case if the findings of fact and conclusions of law establish that
44	44	the physician did not violate a provision of this code or board
45	45	rule; or
46	46	(2) appeal the administrative law judge's findings of
47	47	fact and conclusions of law in the manner provided by Section
48	48	164.0072.
49	49	(a-1) Notwithstanding Section 2001.058(e), Government
50	50	Code, the board may not change a finding of fact or conclusion of
51	51	law or vacate or modify an order of the administrative law judge.
52	52	For each case, the board has the sole authority and discretion to
53	53	determine the appropriate action or sanction for a violation of a
54	54	provision of this code or board rule. The administrative law judge
55	55	may not make any recommendation regarding the appropriate action or
56	56	sanction.
57	57	SECTION 5. Sections 164.007(a) and (a-1), Occupations Code,
58	58	as amended by this Act, apply only to a contested case for which an
59	59	administrative law judge issues written findings of fact and
60	60	conclusions of law on or after the effective date of this Act. A
61	61	contested case for which an administrative law judge issues written
62	62	findings of fact and conclusions of law before the effective date of
63	63	this Act is governed by the law in effect on the date the findings of
64	64	fact and conclusions of law were issued, and the former law is
65	65	continued in effect for that purpose.
66	66	SECTION 6. This Act takes effect September 1, 2021.