(a)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 by the Board at least 30 [thirty ] days prior to the date of the ISC. The notice shall include: (1)a statement that the licensee has the opportunity to attend and participate in the informal meeting; (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 Section 154.0561, Tex. Occ. Code. In addition, the board will also provide the licensee with the rules governing the proceeding and guidelines to assist the licensee to prepare for the ISC, including requirements regarding requests to reschedule the ISC. 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 30 days prior to the date of the ISC[ ; the deadline for submitting any additional material for presentation to the board representatives; and a brief written statement of the nature of the allegations to be addressed at the ISC]. (b)If the information that the board intends to use at the ISC includes only excerpts of any medical record, the licensee has a right to obtain the complete medical record within 14 days after a request is mailed. (c) [(b)] A licensee may be asked to respond in writing to questions from the board staff concerning the matter. If the licensee is asked to respond to written questions, the licensee shall respond within 14 days after the notice is mailed. The licensee's response may include any additional information the licensee wants the board representatives to consider. (d) [(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, or board order. [(d)Upon receiving the notice of allegations, the licensee must submit written notification to the board within 14 days of the mailing, indicating whether the licensee has chosen to waive an opportunity to show compliance, have a determination of compliance be made based upon the written information submitted to the board representatives as set out in §187.17 of this title (relating to Informal Show Compliance Proceeding Based on Written Information), or attend an ISC as set out in §187.18 of this title (relating to Informal Show Compliance Proceeding and Settlement Conference Based on Personal Appearance). The board shall assume that if a licensee fails to provide any written response that the licensee has elected to personally appear at an ISC.] [(e)Notwithstanding any other provision of this section, the board representatives may request that a licensee personally appear at an ISC.] (e) [(f)] All informal show compliance proceedings shall be scheduled not later than the 180th day after the date the board's official investigation of the complaint is commenced [filed with the board], unless good cause is shown by the board for scheduling the informal meeting 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 Section 179.6 of this title (relating to Time Limits).
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on October 24, 2005
TRD-200504786 Donald W. Patrick, MD, JD
Executive Director
Texas Medical Board
Earliest possible date of adoption: December 4, 2005
For further information, please call: (512) 305-7016
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