| (a) The Texas Medical Board will review complaints
and perform investigations regarding abortions using the Board's standard
complaint process.
(b) If a complaint is determined to be jurisdictional
to the Board, the Board will use independent expert physicians, as
provided in §154.0561 of the Texas Occupations Code, to review
the available information, including the patient's medical record.
(c) As done in other complaints, the independent expert
physicians may review all relevant information including one or more
of the following:
(1) how the decision was made to proceed with an abortion
based on reasonable medical judgement including:
(A) what diagnostic imaging, test results, medical
literature, second opinions, and/or medical ethics committees that
were used or consulted; and
(B) what alternative treatments were attempted and
failed or were ruled out; and
(2) whether there was adequate time to transfer the
patient to a facility or physician with a higher level of care or
expertise to avoid performing an abortion.
(d) Any decision by the Board, to either dismiss the
complaint or discipline the physician who is the subject of a complaint,
is separate and independent of any other possible criminal or civil
action under the law. If the Board is aware the licensee is subject
to a pending criminal or civil action, then the Board may defer or
delay action. Depending on the outcome of criminal or civil action,
the Board retains authority to investigate and potentially take disciplinary
action.
(e) The Board shall not take any disciplinary action
against a physician who exercised reasonable medical judgment in providing
medical treatment to a pregnant woman as described by §74.552
of the Texas Civil Practice and Remedies Code.
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