Texas Register

TITLE 22 EXAMINING BOARDS
PART 9TEXAS MEDICAL BOARD
CHAPTER 187PROCEDURAL RULES
SUBCHAPTER BINFORMAL BOARD PROCEEDINGS
RULE §187.16Informal Show Compliance (ISC) Information and Notices
ISSUE 07/03/2020
ACTION Emergency
Preamble Texas Admin Code Rule

(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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