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  H.B. No. 680
 
 
 
 
AN ACT
  relating to complaints filed with the Texas Medical Board.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 154.051, Occupations Code, is amended by
  adding Subsections (d) and (e) to read as follows:
         (d)  The board may not consider or act on a complaint
  involving care provided more than seven years before the date on
  which the complaint is received by the board unless the care was
  provided to a minor. If the care was provided to a minor, the board
  may not consider or act on a complaint involving the care after the
  later of:
               (1)  the date the minor is 21 years of age; or
               (2)  the seventh anniversary of the date of the care.
         (e)  On receipt of a complaint, the board may consider a
  previously investigated complaint to determine whether there is a
  pattern of practice violating this subtitle.
         SECTION 2.  Subchapter B, Chapter 154, Occupations Code, is
  amended by adding Section 154.0535 to read as follows:
         Sec. 154.0535.  REQUIREMENTS FOR CERTAIN COMPLAINTS. (a)
  In this section:
               (1)  "Anonymous complaint" means a complaint that lacks
  sufficient information to identify the source or the name of the
  person who filed the complaint.
               (2)  "Insurance agent" means a person licensed under
  Chapter 4054, Insurance Code.
               (3)  "Insurer" means an insurance company or other
  entity authorized to engage in the business of insurance under
  Subtitle C, Title 6, Insurance Code.
               (4)  "Third-party administrator" means a person
  required to have a certificate of authority under Chapter 4151,
  Insurance Code.
         (b)  The board may not accept anonymous complaints.
         (c)  Notwithstanding any confidentiality requirements under
  Chapter 552, Government Code, this subtitle, or rules adopted under
  this subtitle, a complaint filed with the board by an insurance
  agent, insurer, pharmaceutical company, or third-party
  administrator against a physician must include the name and address
  of the insurance agent, insurer, pharmaceutical company, or
  third-party administrator filing the complaint.  Not later than the
  15th day after the date the complaint is filed with the board, the
  board shall notify the physician who is the subject of the complaint
  of the name and address of the insurance agent, insurer,
  pharmaceutical company, or third-party administrator who filed the
  complaint, unless the notice would jeopardize an investigation.
         SECTION 3.  Section 154.057(b), Occupations Code, is amended
  to read as follows:
         (b)  The board shall complete a preliminary investigation of
  the complaint not later than the 45th [30th] day after the date of
  receiving the complaint. The board shall first determine whether
  the physician constitutes a continuing threat to the public
  welfare. On completion of the preliminary investigation, the board
  shall determine whether to officially proceed on the complaint. If
  the board fails to complete the preliminary investigation in the
  time required by this subsection, the board's official
  investigation of the complaint is considered to commence on that
  date.
         SECTION 4.  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 this plan.
         (f)  The board shall adopt rules necessary to implement this
  section.
         SECTION 5.  Sections 164.002(c) and (d), 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 6.  Section 164.003, Occupations Code, is amended by
  amending Subsections (b) and (f) and adding Subsection (i) to read
  as follows:
         (b)  Rules adopted under this section must require that:
               (1)  an informal meeting in compliance with Section
  2001.054, Government Code, be scheduled not later than the 180th
  day after the date the board's official investigation of the
  complaint is commenced as provided by Section 154.057(b), unless
  good cause is shown by the board for scheduling the informal meeting
  after that date;
               (2)  the board give notice to the license holder of the
  time and place of the meeting not later than the 45th [30th] day
  before the date the meeting is held;
               (3)  the complainant and the license holder be provided
  an opportunity to be heard;
               (4)  at least one of the board members or district
  review committee members participating in the informal meeting as a
  panelist be a member who represents the public;
               (5)  the board's legal counsel or a representative of
  the attorney general be present to advise the board or the board's
  staff; and
               (6)  a member of the board's staff be at the meeting to
  present to the board's representative the facts the staff
  reasonably believes it could prove by competent evidence or
  qualified witnesses at a hearing.
         (f)  The notice required by Subsection (b)(2) must be
  accompanied by a written statement of the nature of the allegations
  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 15 [five] business days before the date of the
  meeting in order for the information to be considered at the
  meeting.
         (i)  On request by a physician under review, the board shall
  make a recording of the informal settlement conference proceeding.
  The recording is a part of the investigative file and may not be
  released to a third party unless authorized under this subtitle.  
  The board may charge the physician a fee to cover the cost of
  recording the proceeding.
         SECTION 7.  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
  dispose of the contested case by issuing a final order based on the
  administrative law judge's findings of fact and conclusions of law
  [determine the charges on the merits].
         (a-1)  Notwithstanding Section 2001.058(e), Government
  Code, the [The] board may not change a finding of fact or conclusion
  of law or vacate or modify an order of the administrative law judge.
  The board may obtain judicial review of any finding of fact or
  conclusion of law issued by the administrative law judge as
  provided by Section 2001.058(f)(5), Government Code. For each
  case, the board has the sole authority and discretion to determine
  the appropriate action or sanction, and the administrative law
  judge may not make any recommendation regarding the appropriate
  action or sanction [only if the board makes a determination
  required by Section 2001.058(e), Government Code].
         SECTION 8.  (a)  Sections 154.051, 154.057, and 164.003,
  Occupations Code, as amended by this Act, and Section 154.0535,
  Occupations Code, as added by this Act, apply only to the
  investigation of a complaint filed on or after the effective date of
  this Act. The investigation of a complaint 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.
         (b)  The Texas Medical Board shall adopt rules under Section
  164.0015, Occupations Code, as added by this Act, not later than
  January 1, 2012.
         (c)  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.
         (d)  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 employed by the State Office of
  Administrative Hearings 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 employed by
  the State Office of Administrative Hearings 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 9.  This Act takes effect September 1, 2011.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 680 was passed by the House on May 13,
  2011, by the following vote:  Yeas 137, Nays 1, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 680 on May 27, 2011, by the following vote:  Yeas 140, Nays 0, 2
  present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 680 was passed by the Senate, with
  amendments, on May 25, 2011, by the following vote:  Yeas 31, Nays
  0
  .
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor