(a)(No change.) (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 strictly applying the following guidelines: (1)A request by a licensee to reschedule an ISC must be in writing and may be granted only if the licensee provides satisfactory evidence of the following requirements: (A)A request received by the agency within five business days after the licensee received notice of the date of the ISC, must provide details showing that: (i)the licensee has a conflicting event that had been scheduled prior to receipt of notice of the ISC; (ii)the licensee has made reasonable efforts to reschedule such event but a conflict cannot reasonably be avoided. (B)A request received by the agency more than five business days after the licensee received notice of the date of the ISC must provide details showing that an extraordinary event or circumstance has arisen since receipt of the notice that will prevent the licensee from attending the ISC. The request must show that the request is made within five business days after the licensee first becomes aware of the event or circumstance. (2)A request by a licensee to reschedule an ISC based on the failure of the agency to send timely notice [not later that the 30th day] before the date scheduled for 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)Prior to the ISC, the board representatives shall be provided with the information sent to the licensee by the board staff and all information timely received in response from the licensee. Information must be received from the licensee at least five business days prior to the ISC for complaints filed before September 1, 2011. For complaints filed with the board on or after September 1, 2011, the information must be received at least 15 days prior to the date of the ISC. (d) - (k)(No change.) (l)On request by a licensee, the board shall make a recording of the ISC. Deliberations of the ISC panel shall be excluded from any such recording. The media format of the recording shall be determined by the Board. The recording is part of the investigative file and may not be released to a third party unless authorized under the Act. The board may charge the licensee a fee to cover the cost of recording the proceeding. The licensee must provide payment 15 days prior to the date of the ISC and must submit payment with any written response to the ISC packets. Licensees and their representatives may not independently record an ISC. [Although the participants may make notes, mechanical or electronic recordings shall not be made of the ISC, settlement discussions, or mediation efforts.] (m) - (n)(No change.) (o)The board representatives may: (1)make recommendations to dismiss the complaint or allegations. The dismissal of any matter is without prejudice to additional investigation and/or reconsideration of the matter at any time; (2)make recommendations regarding an agreed order and propose resolution of the issues to the licensee to be reduced to writing and processed in accordance with §187.19 of this title (relating to Resolution by Agreed Order); (3)defer the ISC, pending further investigation; (4)direct that a formal Complaint be filed with SOAH; (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] (6)recommend the imposition of an administrative penalty pursuant to §§187.75 - 187.82 of this chapter (relating to Procedural Rules); or[.] (7)recommend that a remedial plan be issued to resolve the complaint pursuant to §187.9 of this chapter (relating to Board Action).
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 19, 2011
TRD-201103855 Mari Robinson, J.D.
Executive Director
Texas Medical Board
Earliest possible date of adoption: October 30, 2011
For further information, please call: (512) 305-7016
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