Bill Text: TX HB1924 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the investigation and resolution of complaints filed against physicians.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-03-16 - No action taken in committee [HB1924 Detail]
Download: Texas-2011-HB1924-Introduced.html
82R7002 JAM-D | ||
By: Zedler | H.B. No. 1924 |
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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 notify a physician who is the subject of | ||
a complaint filed with the board that a complaint has been filed and | ||
shall notify the physician of the specific allegations made in | ||
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investigation. | ||
SECTION 2. Sections 164.003(c) and (f), Occupations Code, | ||
are amended to read as follows: | ||
(c) An affected physician is entitled to: | ||
(1) reply to the staff's presentation; [ |
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(2) present the facts the physician reasonably | ||
believes the physician could prove by competent evidence or | ||
qualified witnesses at a hearing; and | ||
(3) cross-examine any expert relied on in the staff's | ||
presentation. | ||
(f) The notice required by Subsection (b)(2) must be | ||
accompanied by a written statement of the specific [ |
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allegations made in the complaint, the specific statute, rule, or | ||
standard of care alleged to be violated, 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 the | ||
report by the expert physician reviewer. The license holder must | ||
provide to the board the license holder's rebuttal at least five | ||
business days before the date of the meeting in order for the | ||
information to be considered at the meeting. | ||
SECTION 3. Section 164.0032, Occupations Code, is amended | ||
by amending Subsections (d), (f), and (g) and adding Subsection | ||
(g-1) to read as follows: | ||
(d) The panel and board employees shall provide an | ||
opportunity for the affected physician and the physician's | ||
authorized representative to: | ||
(1) reply to the board employees' presentation; | ||
(2) cross-examine any expert relied on in the board | ||
employees' presentation; and | ||
(3) [ |
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that the physician and representative reasonably believe could be | ||
proven by competent evidence at a formal hearing. | ||
(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 each specific act the panel has determined is a violation and | ||
what statute, board rule, or standard of care the act violates if | ||
the panel determines that the affected physician has violated a | ||
statute, board rule, or standard of care. | ||
(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 4. 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 5. Sections 154.053 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 6. 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 7. This Act takes effect September 1, 2011. |