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TITLE 22EXAMINING BOARDS
PART 9TEXAS MEDICAL BOARD
CHAPTER 173PHYSICIAN PROFILES
RULE §173.7Corrections and the Dispute Process

(a) If the physician wishes to make corrections or dispute the proposed profile information updated under any section of this chapter, the procedures in this section shall apply.

(b) If the board receives the Form from the physician without corrections to the profile information, the profile shall be made available to the public as is.

(c) If the board receives the Form from the physician and the physician has indicated corrections to the information on the Form, the board shall review the proposed corrections.

(d) If the board determines that the physician's corrections are satisfactory, the board shall update the profile information and make the profile available to the public.

(e) If the board determines that the physician's corrections are unsatisfactory, the board shall so notify the physician, along with a presentation of the information in a format satisfactory to the board, and instructions of the process that the physician must follow to dispute the information.

(f) If the physician wishes to dispute the profile information which is in the format satisfactory to the board, the physician must submit a formal letter of dispute to the board within two weeks of the date of the notification in subsection (e) of this section. The physician must then submit proof of factual error to the board within one month of the date of the notification in subsection (e) of this section.

(g) Upon receipt of the formal letter of dispute from the physician, a notation that the information under dispute is "Not available" shall be attached to the appropriate category of the physician's profile and such notation shall be made available to the public on the profile.

(h) After review of the proof provided by the physician during the dispute process as described in subsection (f) of this section, the board shall make a determination as to the profile information to be provided to the public.

(i) Upon determination by the board of the dispute, the board shall notify the physician of the determination, shall update the physician's profile with the information, shall remove the "Not available" notation and shall make the profile available to the public.


Source Note: The provisions of this §173.7 adopted to be effective March 5, 2000, 25 TexReg 1623; amended to be effective May 12, 2008, 33 TexReg 3741

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