By: Harrison H.B. No. 5047
A BILL TO BE ENTITLED
AN ACT
relating to requirements for certain complaints made against and
disciplinary proceedings involving a physician.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 154.051, Occupations Code, is amended by
adding Subsection (c-1) to read as follows:
(c-1) The board may not consider or act on a complaint
unless the complaint is sworn and notarized.
SECTION 2. Section 154.0561, Occupations Code, is amended
by adding Subsection (e) to read as follows:
(e) The board shall notify a physician who is the subject of
a complaint reviewed under this section of the identity of each
expert physician participating in the review.
SECTION 3. Section 164.003(f), Occupations Code, is amended
to read as follows:
(f) The notice required by Subsection (b)(2) must be
accompanied by a written statement of the nature of the allegations
and the information the board intends to use at the meeting. If the
board does not provide the statement or information at that time,
the license holder may use that failure as grounds for rescheduling
the informal meeting. If the complaint includes an allegation that
the license holder has violated the standard of care, the notice
must include a copy of each report prepared by an expert physician
reviewer under Section 154.0561 and the name of each reviewer who
prepared a report. The license holder must provide to the board
the license holder's rebuttal at least 15 business days before the
date of the meeting in order for the information to be considered at
the meeting.
SECTION 4. Section 164.0031, Occupations Code, is amended
by adding Subsection (d) to read as follows:
(d) Not later than the third day before the date of an
informal meeting or other informal proceeding, the board must give
notice to the affected physician of the identity of each panelist
conducting the meeting or proceeding.
SECTION 5. Section 164.005, Occupations Code, is amended by
adding Subsection (d-1) to read as follows:
(d-1) The copy of the charges served on the respondent or
the respondent's counsel of record under Subsection (d) must
include:
(1) the identity of any expert the board intends to
present testimony in a formal hearing on the charges; and
(2) a copy of any written report regarding the
respondent prepared at the request of the board by an expert
required to be identified under Subdivision (1).
SECTION 6. Subchapter A, Chapter 164, Occupations Code, is
amended by adding Section 164.0065 to read as follows:
Sec. 164.0065. EXPERT TESTIMONY IN FORMAL HEARING.
Notwithstanding any provision of Chapter 2001, Government Code,
the board may not present testimony from an expert in a formal
hearing before the State Office of Administrative Hearings unless
the expert is identified under Section 164.005(d-1).
SECTION 7. Section 164.003(f-1), Occupations Code, is
repealed.
SECTION 8. The changes in law made by this Act apply only to
a complaint under Chapter 154, Occupations Code, or disciplinary
action under Chapter 164, Occupations Code, initiated on or after
the effective date of this Act.
SECTION 9. This Act takes effect September 1, 2025.