Texas 2025 - 89th Regular

Texas House Bill HB5047 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1		By: Harrison H.B. No. 5047
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to requirements for certain complaints made against and
7	9		disciplinary proceedings involving a physician.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Section 154.051, Occupations Code, is amended by
10	12		adding Subsection (c-1) to read as follows:
11	13		(c-1) The board may not consider or act on a complaint
12	14		unless the complaint is sworn and notarized.
13	15		SECTION 2. Section 154.0561, Occupations Code, is amended
14	16		by adding Subsection (e) to read as follows:
15	17		(e) The board shall notify a physician who is the subject of
16	18		a complaint reviewed under this section of the identity of each
17	19		expert physician participating in the review.
18	20		SECTION 3. Section 164.003(f), Occupations Code, is amended
19	21		to read as follows:
20	22		(f) The notice required by Subsection (b)(2) must be
21	23		accompanied by a written statement of the nature of the allegations
22	24		and the information the board intends to use at the meeting. If the
23	25		board does not provide the statement or information at that time,
24	26		the license holder may use that failure as grounds for rescheduling
25	27		the informal meeting. If the complaint includes an allegation that
26	28		the license holder has violated the standard of care, the notice
27	29		must include a copy of each report prepared by an expert physician
28	30		reviewer under Section 154.0561 and the name of each reviewer who
29	31		prepared a report. The license holder must provide to the board
30	32		the license holder's rebuttal at least 15 business days before the
31	33		date of the meeting in order for the information to be considered at
32	34		the meeting.
33	35		SECTION 4. Section 164.0031, Occupations Code, is amended
34	36		by adding Subsection (d) to read as follows:
35	37		(d) Not later than the third day before the date of an
36	38		informal meeting or other informal proceeding, the board must give
37	39		notice to the affected physician of the identity of each panelist
38	40		conducting the meeting or proceeding.
39	41		SECTION 5. Section 164.005, Occupations Code, is amended by
40	42		adding Subsection (d-1) to read as follows:
41	43		(d-1) The copy of the charges served on the respondent or
42	44		the respondent's counsel of record under Subsection (d) must
43	45		include:
44	46		(1) the identity of any expert the board intends to
45	47		present testimony in a formal hearing on the charges; and
46	48		(2) a copy of any written report regarding the
47	49		respondent prepared at the request of the board by an expert
48	50		required to be identified under Subdivision (1).
49	51		SECTION 6. Subchapter A, Chapter 164, Occupations Code, is
50	52		amended by adding Section 164.0065 to read as follows:
51	53		Sec. 164.0065. EXPERT TESTIMONY IN FORMAL HEARING.
52	54		Notwithstanding any provision of Chapter 2001, Government Code,
53	55		the board may not present testimony from an expert in a formal
54	56		hearing before the State Office of Administrative Hearings unless
55	57		the expert is identified under Section 164.005(d-1).
56	58		SECTION 7. Section 164.003(f-1), Occupations Code, is
57	59		repealed.
58	60		SECTION 8. The changes in law made by this Act apply only to
59	61		a complaint under Chapter 154, Occupations Code, or disciplinary
60	62		action under Chapter 164, Occupations Code, initiated on or after
61	63		the effective date of this Act.
62	64		SECTION 9. This Act takes effect September 1, 2025.