Bill Text: TX SB227 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to the nondisciplinary resolution of certain complaints filed against physicians.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [SB227 Detail]
Download: Texas-2011-SB227-Enrolled.html
S.B. No. 227 |
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relating to the nondisciplinary resolution of certain complaints | ||
filed against physicians. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 164, Occupations Code, is | ||
amended by adding Section 164.0015 to read as follows: | ||
Sec. 164.0015. REMEDIAL PLAN. (a) In addition to the | ||
authority under Sections 164.001 and 164.002, the board may issue | ||
and establish the terms of a remedial plan to resolve the | ||
investigation of a complaint relating to this subtitle. | ||
(b) A remedial plan may not contain a provision that: | ||
(1) revokes, suspends, limits, or restricts a person's | ||
license or other authorization to practice medicine; or | ||
(2) assesses an administrative penalty against a | ||
person. | ||
(c) A remedial plan may not be imposed to resolve a | ||
complaint: | ||
(1) concerning: | ||
(A) a patient death; | ||
(B) the commission of a felony; or | ||
(C) a matter in which the physician engaged in | ||
inappropriate sexual behavior or contact with a patient or became | ||
financially or personally involved with a patient in an | ||
inappropriate manner; or | ||
(2) in which the appropriate resolution may involve a | ||
restriction on the manner in which a license holder practices | ||
medicine. | ||
(d) The board may not issue a remedial plan to resolve a | ||
complaint against a license holder if the license holder has | ||
previously entered into a remedial plan with the board for the | ||
resolution of a different complaint relating to this subtitle. | ||
(e) The board may assess a fee against a license holder | ||
participating in a remedial plan in an amount necessary to recover | ||
the costs of administering the plan. | ||
(f) The board shall adopt rules necessary to implement this | ||
section. | ||
SECTION 2. Subsections (c) and (d), Section 164.002, | ||
Occupations Code, are amended to read as follows: | ||
(c) An agreed disposition is a disciplinary order for | ||
purposes of reporting under this subtitle and of administrative | ||
hearings and proceedings by state and federal regulatory agencies | ||
regarding the practice of medicine. An agreed disposition or a | ||
remedial plan under Section 164.0015 is public information. | ||
(d) In civil litigation, an agreed disposition or a remedial | ||
plan under Section 164.0015 is a settlement agreement under Rule | ||
408, Texas Rules of Evidence. This subsection does not apply to a | ||
license holder who has previously entered into an agreed | ||
disposition with the board of a different disciplinary matter or | ||
whose license the board is seeking to revoke. | ||
SECTION 3. (a) The Texas Medical Board shall adopt rules | ||
under Section 164.0015, Occupations Code, as added by this Act, not | ||
later than January 1, 2012. | ||
(b) Section 164.0015, Occupations Code, as added by this | ||
Act, applies only to a complaint under Subtitle B, Title 3, | ||
Occupations Code, filed on or after the effective date of this Act. | ||
A complaint under Subtitle B, Title 3, Occupations Code, filed | ||
before that date is governed by the law in effect on the date the | ||
complaint was filed, and that law is continued in effect for that | ||
purpose. | ||
SECTION 4. This Act takes effect September 1, 2011. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 227 passed the Senate on | ||
April 7, 2011, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 227 passed the House on | ||
May 19, 2011, by the following vote: Yeas 148, Nays 0, one present | ||
not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |