Texas Administrative Code

Texas Administrative Code

TITLE 22	EXAMINING BOARDS
PART 9	TEXAS MEDICAL BOARD
CHAPTER 179	INVESTIGATIONS
RULE §179.6	Time Limits

(a) Each investigation shall be completed before the passage of the 180th day after the complaint has been filed and an official investigation opened, unless there is good cause as to why the investigation could not be completed within that time. Good cause shall include, but shall not be limited to:

(1) the unavailability of pertinent documents that the agency has made all reasonable efforts to obtain;

(2) the refusal of the subject licensee to cooperate during the course of the investigation;

(3) Extended illness of a board investigator or other board employee integral to the completion of the investigation;

(4) delinquency in reviewing the case and submitting a report by an Expert Physician Reviewer;

(5) the necessity of additional investigation as determined by the Board's internal Quality Assurance Committee or DPRC;

(6) additional complaints pending investigation regarding the licensee; and

(7) other events beyond the control of the agency.

(b) The board may not dismiss a complaint solely on the grounds that an investigation has not been completed and/or the case has not been scheduled for hearing within 180 days.

(c) If an investigation has not been completed and/or the case has not been scheduled for hearing within 180 days, the board must notify the parties to the complaint as to why these deadlines were not met. This notice is not required if it would jeopardize an investigation.

(d) There is no time limit from the time at which a violation of the Act occurred by which the board must investigate a complaint.

Source Note: The provisions of this §179.6 adopted to be effective November 30, 2003, 28 TexReg 10491; amended to be effective January 25, 2006, 31 TexReg 390; amended to be effective January 20, 2009, 34 TexReg 339