(a)A complainant may initiate a complaint by submitting the information concerning the complaint to the board. This information should include at a minimum: (1)The name and contact information of the complainant; (2)The name of the licensee against who the complaint is filed; (3)The time and place of the alleged violation of the Act; and (4)If applicable, the name and birth date of the patient who the physician has allegedly harmed. (b)The board may file a complaint on its own initiative. (c)The identity of a [non-testifying] complainant, as well as the complaint itself, is part of the investigative information gathered by board employees and shall remain confidential. Confidentiality shall be waived only by a written statement of the complainant specifically waiving confidentiality or by the complainant testifying in a contested case hearing. (d)A peer review committee, licensee, and all other groups named in §§160.003, 204.208, 205.304, and 206.159 of the Act shall report relevant information to the board relating to the acts of the licensee in this state if, in their opinion, that licensee poses a continuing threat to the public welfare through the licensee's continued practice. The report shall include a narrative statement describing the time, date, and place of the acts or omissions on which the report is based; and it shall be made to the board as soon as possible after the threat [risk] is identified and the relevant information can be assembled.
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-200504781 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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