(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 for
complaints filed before September 1, 2011. For complaints filed on
or after September 1, 2011, the notice shall be sent at least 45 days
prior to the date of the ISC. The notice to the licensee or the
licensee's authorized representative shall also 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 §154.0561, Texas Occupations 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 for complaints filed
before September 1, 2011. For complaints filed with the board on or
after September 1, 2011, the information to the licensee shall be
sent at least 45 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, remedial plan, 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 §179.6
of this title (relating to Time Limits).
The agency certifies that legal counsel has reviewed
the proposal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office
of the Secretary of State on March 18, 2016
TRD-201601299 Mari Robinson, J.D.
Executive Director
Texas Medical Board
Earliest possible date of adoption: May 1, 2016
For further information, please call: (512) 305-7016
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