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Texas Occupations Code - Section 164.0032. Roles And Responsibilities Of Participants In Informal Proceedings

Legal Research Home > Texas Lawyer > Occupations Code > Texas Occupations Code - Section 164.0032. Roles And Responsibilities Of Participants In Informal Proceedings

§ 164.0032. ROLES AND RESPONSIBILITIES OF PARTICIPANTS IN 
INFORMAL PROCEEDINGS.  (a) A board member or district review 
committee member that serves as a panelist at an informal meeting 
under Section 164.003 shall make recommendations for the 
disposition of a complaint or allegation.  The member may request 
the assistance of a board employee at any time.
	(b)  Board employees shall present a summary of the 
allegations against the affected physician and of the facts 
pertaining to the allegation that the employees reasonably believe 
may be proven by competent evidence at a formal hearing.
	(c)  A board attorney shall act as counsel to the panel and, 
notwithstanding Subsection (e), shall be present during the 
informal meeting and the panel's deliberations to advise the panel 
on legal issues that arise during the proceeding.  The attorney may 
ask questions of participants in the informal meeting to clarify 
any statement made by the participant.  The attorney shall provide 
to the panel a historical perspective on comparable cases that have 
appeared before the board, keep the proceedings focused on the case 
being discussed, and ensure that the board's employees and the 
affected physician have an opportunity to present information 
related to the case.  During the panel's deliberations, the 
attorney may be present only to advise the panel on legal issues and 
to provide information on comparable cases that have appeared 
before the board.
	(d)  The panel and board employees shall provide an 
opportunity for the affected physician and the physician's 
authorized representative to reply to the board employees' 
presentation and to present oral and written statements and facts 
that the physician and representative reasonably believe could be 
proven by competent evidence at a formal hearing.
	(e)  An employee of the board who participated in the 
presentation of the allegation or information gathered in the 
investigation of the complaint, the affected physician, the 
physician's authorized representative, the complainant, the 
witnesses, and members of the public may not be present during the 
deliberations of the panel.  Only the members of the panel and the 
board attorney serving as counsel to the panel may be present during 
the deliberations.
	(f)  The panel shall recommend the dismissal of the complaint 
or allegations or, if the panel determines that the affected 
physician has violated a statute or board rule, the panel may 
recommend board action and terms for an informal settlement of the 
case.
	(g)  The panel's recommendations under Subsection (f) must 
be made in a written order and presented to the affected physician 
and the physician's authorized representative.  The physician may 
accept the proposed settlement within the time established by the 
panel at the informal meeting.  If the physician rejects the 
proposed settlement or does not act within the required time, the 
board may proceed with the filing of a formal complaint with the 
State Office of Administrative Hearings.
	(h)  If the board rejects the panel's recommendation for 
settlement or dismissal, the board shall notify the physician and 
state in the board's minutes the reason for rejecting the 
recommendation and specify further action to be considered.  In 
determining the appropriate further action to be taken, the board 
shall consider previous attempts to resolve the matter.

Added by Acts 2005, 79th Leg., ch. 269, § 1.38, eff. Sept. 1, 
2005.      

Last modified: August 10, 2007