Texas Senate Bill SB93

Texas 2025 - 89th Regular

• Filed: 11/12/24

Caption

Relating to complaint information and to rulemaking and disciplinary procedures of the Texas Medical Board.

Impact

Notable amendments include the stipulation that the Medical Board must complete investigations of complaints within 120 days, although this can be extended under special circumstances. The revisions also clarify the role of expert physician reviewers who are tasked with assessing complaints regarding medical competency. Expert reviewers will now be selected randomly, subject to conflict of interest considerations, which could lead to fairer evaluations of the cases brought before the board. This reflects a shift towards greater transparency and efficiency in handling medical complaints, potentially improving the accountability of healthcare professionals in Texas.

Summary

SB93 aims to amend the Occupations Code regarding the Texas Medical Board's complaint procedures and its rulemaking powers. The bill introduces several changes intended to streamline the complaint process against physicians, enhancing public access to complaint information and specifying who is eligible to file a complaint. Specifically, it requires individuals to either be patients directly involved with a physician or have firsthand knowledge of the issues raised to lodge a complaint, thus aiming to reduce frivolous complaints. Additionally, the bill allows the Medical Board to initiate complaints on its own if necessary, ensuring a more proactive approach to regulatory matters.

Contention

Some points of contention may arise from the limitations placed on who can file complaints, as advocates for patient rights could argue that the bill restricts access to the complaint process, thus potentially limiting the protection of patients. The requirement for complaints to be substantiated with direct knowledge might also raise concerns about the adequacy of patient protections, especially in cases where patients fear retaliation or are unaware of their rights and capabilities concerning filing complaints. Additionally, the bill's provisions granting the Texas Medical Board enhanced powers to pursue complaints could be viewed as either a positive step towards better oversight or as a potential risk for overreach into the practices of healthcare providers.

Texas Constitutional Statutes Affected

Occupations Code

• Chapter 153. Powers And Duties
  • Section: 001

• Chapter 154. Public Interest Information And Complaint Procedures
  • Section: New Section
  • Section: 056

• Chapter 164. Disciplinary Actions And Procedures
  • Section: New Section
  • Section: 007