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(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 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. (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)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)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. (e)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, 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 adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 5, 2006
TRD-200600082 Donald W. Patrick, MD, JD
Executive
Director
Texas Medical Board
Effective date: January 25, 2006
Proposal publication date: November 4, 2005
For further information, please call: (512) 305-7016
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