(a)After referral of an investigation to the agency's legal division, the Hearings Coordinator of the board shall schedule an Informal Settlement Conference (ISC) [ISC] before an ISC Panel, composed of two or more board representatives to be held after proper notice to the licensee. One board representative must be a public member. If the matter is before the Medical Board, at least one board representative must be a physician member. (b)Requests to reschedule the ISC by a licensee must be in writing and shall be referred to the Hearings Counsel for consideration. To avoid undue disruption of the ISC schedule, the Hearings Counsel should grant a request only after conferring with the Hearings Coordinator and consideration of the following guidelines: (1) - (2)(No change.) (3)A request based on the failure of the agency to send notice at least 30 days before the date of the ISC, as required by [Section] §164.003 of the Act, shall be granted, provided the request is received by the agency within five business days after the late notice is received by the licensee. (c) - (f)(No change.) (g)Notwithstanding subsection (f) of this section, the board representatives may allow a complainant or witness to testify outside the physical presence of the licensee to protect the person from harassment and/or undue embarrassment, for personal safety concerns, or for any other demonstrated and legitimate need. If such testimony is allowed, arrangements will be made to allow the licensee to listen to the testimony contemporaneously as it is given. (h) - (n)(No change.) (o)The board representatives may: (1) - (3)(No change.) (4)direct that a formal Complaint be filed with State Office of Administrative Hearings (SOAH) [SOAH , if the ISC Panel determines that no agreed settlement is likely to be successful ]; [or] (5)recommend to the President of the board that a Disciplinary Panel be convened to consider the temporary suspension or restriction of the licensee's license ; or[, if the ISC Panel determines that the licensee poses a continuing threat to the public welfare.] (6)recommend the imposition of an administrative penalty pursuant to §§187.75 - 187.82 of this chapter (relating to Procedural Rules).
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 September 8, 2008
TRD-200804784 Donald W. Patrick, MD, JD
Executive Director
Texas Medical Board
Earliest possible date of adoption: October 19, 2008
For further information, please call: (512) 305-7016
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