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RULE §178.9Statute of Limitations

(a) Standard of Care.

  (1) 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:

    (A) the date the minor is 21 years of age; or

    (B) the seventh anniversary of the date of care.

  (2) Notwithstanding paragraph (1) of this subsection, a complaint previously investigated relating to an alleged standard of care violation that occurred more than seven years from the date a new complaint is filed with the board, may be considered by the board with a new complaint for the purpose of determining whether there is a pattern of practice violating the Act.

  (3) The statute of limitations relating to standard of care violation shall only apply to licensees and not applicants for licensure.

(b) Other Violations. There is no statute of limitations for the filing of complaints in relation to any other violation including action by another state licensing entity or criminal conduct.

Source Note: The provisions of this §178.9 adopted to be effective December 4, 2011, 36 TexReg 8031

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