(a)Texas Medical Board finds that statutory minimum
requirements related to the Informal Show Compliance Proceedings (ISCs)
as set out in the Texas Occupations Code, §164 et seq. are comprehensive
and complete. Pursuant to §153.001 and §164.003 of the Medical
Practice Act, the Board is authorized to adopt rules relating to the
ISCs and how they are to be conducted. These rules are promulgated
to clarify the ISC process and procedures only as necessary to be
consistent with the statutory requirements.
(b)Notice of the time, date and place of the ISC shall
be extended to the licensee and the complainant(s) in writing, by
hand delivery, regular mail, certified mail -- return receipt requested,
overnight or express mail, courier service, or registered mail, to
the address of record of the complainants and the address of record
of the licensee or the licensee's authorized representative to be
sent at least 45 days prior to the date of the ISC. The notice to
the licensee or the licensee's authorized representative shall also
include:
(1)a statement that the licensee has the opportunity
to appear [attend] and participate in the ISC;
(2)a written statement of the nature of the allegations;
and
(3)a copy of the information the board intends to
use at the ISC. If the complaint includes an allegation that the licensee
has violated the standard of care, the notice shall also include a
copy of the Expert Physician Reviewers' Report, prepared in accordance
with §154.0561, Texas Occupations Code. The information required
by this section may be given in separate communications at different
times, provided all of the information has been provided at least
45 days prior to the date of the ISC.
(c)All information provided by the board staff and
the licensee shall be provided to the board representatives for review
prior to the board representatives making a determination of whether
the licensee has violated the Act, board rules, remedial plan, or
board order.
(d)All ISC proceedings shall be scheduled not later
than the 180th day after the date the board's official investigation
of the complaint is commenced, unless good cause is shown by the board
for scheduling the ISC after that date. For purposes of this subsection:
(1)"Scheduled" means the act of the agency to reserve
a date for the ISC.
(2)"Good cause" shall have the meaning set forth in §179.6
of this title (relating to Time Limits).
The agency certifies that legal counsel has
reviewed the emergency adoption and
found it to be within the state
agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on June 24, 2020
TRD-202002528 Scott Freshour
General Counsel
Texas Medical Board
Effective date: June 24, 2020
Expiration date: October 21, 2020
For further information, please call: (512) 305-7016
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