S.B. No. 227

	AN ACT
	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