Bill Text: TX HB179 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: Relating to the investigation and resolution of complaints filed against physicians.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-05-01 - Comm. report sent to Local & Consent Calendar [HB179 Detail]
Download: Texas-2015-HB179-Comm_Sub.html
84R25062 MAW-D | |||
By: Zedler | H.B. No. 179 | ||
Substitute the following for H.B. No. 179: | |||
By: Crownover | C.S.H.B. No. 179 |
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relating to the investigation and resolution of complaints filed | ||
against physicians. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 154.053(a), Occupations Code, is amended | ||
to read as follows: | ||
(a) The board shall provide notice to [ |
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who is the subject of a complaint filed with the board [ |
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investigation. The notice must include: | ||
(1) the specific allegations made in the complaint; | ||
and | ||
(2) a copy of the complaint that has been redacted to | ||
remove the name of the complainant. | ||
SECTION 2. Section 154.0561, Occupations Code, is amended | ||
by adding Subsection (e) to read as follows: | ||
(e) Each physician on an expert physician panel authorized | ||
under Section 154.056(e) who is reviewing a complaint must practice | ||
in the same specialty as the physician who is the subject of the | ||
complaint. | ||
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 specific factual [ |
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care alleged to be violated, [ |
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intends to use at the meeting, and the credentials of any expert the | ||
board intends to rely on 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 the report by the expert physician reviewer and a | ||
statement explaining exactly how the standard of care was violated. | ||
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 164.0032, Occupations Code, is amended | ||
by amending Subsections (f) and (g) and adding Subsection (g-1) to | ||
read as follows: | ||
(f) The panel shall recommend the dismissal of the complaint | ||
or allegations or, if the panel determines that the affected | ||
physician has violated a statute, [ |
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care, the panel may recommend board action and terms for an informal | ||
settlement of the case. | ||
(g) The panel's recommendations under Subsection (f) must | ||
be made in a written order and presented to the affected physician | ||
and the physician's authorized representative. The order must | ||
state the specific basis for the order, including the specific | ||
statute, board rule, or standard of care that each act violates. | ||
(g-1) The physician may accept the proposed settlement | ||
within the time established by the panel at the informal meeting. | ||
If the physician rejects the proposed settlement or does not act | ||
within the required time, the board may proceed with the filing of a | ||
formal complaint with the State Office of Administrative Hearings. | ||
SECTION 5. Section 164.005(f), Occupations Code, is amended | ||
to read as follows: | ||
(f) A formal complaint must allege with reasonable | ||
certainty each specific act relied on by the board to constitute a | ||
violation of a specific statute, [ |
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The formal complaint must be specific enough to: | ||
(1) enable a person of common understanding to know | ||
what is meant by the formal complaint; and | ||
(2) give the person who is the subject of the formal | ||
complaint notice of each particular act alleged to be a violation of | ||
a specific statute, [ |
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SECTION 6. Sections 154.053, 154.0561, and 164.005, | ||
Occupations Code, as amended by this Act, apply only to a complaint | ||
filed on or after the effective date of this Act. A complaint filed | ||
before that date is governed by the law in effect on the date the | ||
complaint was filed, and the former law is continued in effect for | ||
that purpose. | ||
SECTION 7. Sections 164.003 and 164.0032, Occupations Code, | ||
as amended by this Act, apply only to an informal proceeding | ||
concerning a complaint filed on or after the effective date of this | ||
Act. An informal proceeding concerning a complaint filed before | ||
that date is governed by the law in effect on the date the complaint | ||
was filed, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 8. This Act takes effect September 1, 2015. |