(a)Texas Medical Board finds that
statutory minimum requirements related to the Informal Show Compliance
Proceedings (ISCs) as set out in the Texas Occupations Code, §164.
et.seq. are comprehensive and complete. Pursuant to §153.001
and §164.003 of the Medical Practice Act, the Board is authorized
to adopt rules relating to the ISCs and how they are to be conducted.
These rules are promulgated to clarify the ISC process and procedures
only as necessary to be consistent with the statutory requirements.
(b)[(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.]
(c)[(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.
(d)[(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 September 1, 2017
TRD-201703492 Mari Robinson, J.D.
Executive Director
Texas Medical Board
Earliest possible date of adoption: October 15, 2017
For further information, please call: (512) 305-7016
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