Bill Text: TX SB961 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to complaint information and disciplinary procedures of the Texas Medical Board.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-04-21 - Left pending in committee [SB961 Detail]

Download: Texas-2021-SB961-Introduced.html
  87R8631 BEE-D
 
  By: Hughes S.B. No. 961
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to complaint information and disciplinary procedures of
  the Texas Medical Board.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 154.055, Occupations Code, is amended to
  read as follows:
         Sec. 154.055.  RELEASE OF COMPLAINT INFORMATION TO
  LEGISLATOR [LEGISLATIVE COMMITTEE]. (a) On request from a member
  of the legislature [legislative committee created under Subchapter
  B, Chapter 301, Government Code], the board shall release to the
  member all information regarding a complaint against a physician
  [to aid in a legitimate legislative inquiry. The board may release
  the information only to the members of the committee].
         (b)  In complying with a request under Subsection (a), the
  board may not identify the complainant or the patient [and may
  reveal the identity of the affected physician only to the members of
  the committee].
         SECTION 2.  Section 164.001, Occupations Code, is amended by
  adding Subsection (k) to read as follows:
         (k)  The board may not adopt or implement a quota for a number
  of physicians to be disciplined within a specified period.
         SECTION 3.  Section 164.003, Occupations Code, is amended by
  adding Subsection (b-1) to read as follows:
         (b-1)  Notwithstanding any other law, a member of the
  legislature is entitled to attend any informal meeting held under
  this section.
         SECTION 4.  Sections 164.007(a) and (a-1), Occupations Code,
  are amended to read as follows:
         (a)  The board by rule shall adopt procedures governing
  formal disposition of a contested case under Chapter 2001,
  Government Code. A formal hearing shall be conducted by an
  administrative law judge employed by the State Office of
  Administrative Hearings. After receiving the administrative law
  judge's findings of fact and conclusions of law, the board shall:
               (1)  dispose of the contested case by issuing a final
  order based on the administrative law judge's findings of fact and
  conclusions of law, which must include dismissal of the contested
  case if the findings of fact and conclusions of law establish that
  the physician did not violate a provision of this code or board
  rule; or
               (2)  appeal the administrative law judge's findings of
  fact and conclusions of law in the manner provided by Section
  164.0072.
         (a-1)  Notwithstanding Section 2001.058(e), Government
  Code, the board may not change a finding of fact or conclusion of
  law or vacate or modify an order of the administrative law judge.
  For each case, the board has the sole authority and discretion to
  determine the appropriate action or sanction for a violation of a
  provision of this code or board rule. The administrative law judge
  may not make any recommendation regarding the appropriate action or
  sanction.
         SECTION 5.  Sections 164.007(a) and (a-1), Occupations Code,
  as amended by this Act, apply only to a contested case for which an
  administrative law judge issues written findings of fact and
  conclusions of law on or after the effective date of this Act. A
  contested case for which an administrative law judge issues written
  findings of fact and conclusions of law before the effective date of
  this Act is governed by the law in effect on the date the findings of
  fact and conclusions of law were issued, and the former law is
  continued in effect for that purpose.
         SECTION 6.  This Act takes effect September 1, 2021.
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