Texas Occupations Code - Section 164.003. Informal Proceedings
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§ 164.003. INFORMAL PROCEEDINGS. (a) The board by rule
shall adopt procedures governing:
(1) informal disposition of a contested case under
Section 2001.056, Government Code; and
(2) informal proceedings held in compliance with
Section 2001.054, Government Code.
(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 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.
(c) An affected physician is entitled to:
(1) reply to the staff's presentation; and
(2) present the facts the physician reasonably
believes the physician could prove by competent evidence or
qualified witnesses at a hearing.
(d) After ample time is given for the presentations, the
board representative shall recommend that the investigation be
closed or shall attempt to mediate the disputed matters and make a
recommendation regarding the disposition of the case in the absence
of a hearing under applicable law concerning contested cases.
(e) If the license holder has previously been the subject of
disciplinary action by the board, the board shall schedule the
informal meeting as soon as practicable but not later than the
deadline prescribed by Subsection (b)(1).
(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 five business days before the date of the meeting
in order for the information to be considered at the meeting.
(g) The board by rule shall define circumstances
constituting good cause for purposes of Subsection (b)(1),
including the extended illness of a board investigator and an
expert physician reviewer's delinquency in reviewing and
submitting a report to the board.
(h) Section 164.007(c) applies to the board's investigation
file used in an informal meeting under this section.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2003, 78th Leg., ch. 202, § 27, eff. June 10, 2003; Acts
2005, 79th Leg., ch. 269, § 1.37, eff. Sept. 1, 2005.
Section: 163.003 163.004 163.0045 163.005 164.001 164.002 164.0025 164.003 164.0031 164.0032 164.0035 164.0036 164.004 164.005 164.006
Last modified: August 10, 2007
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