(a)Prior to the institution of any disciplinary action against a licensee, the licensee shall be provided with notice of the allegations and the facts that the board staff reasonably believes could be proven by competent evidence at a hearing, and may be asked to respond in writing to questions from the board staff concerning the matter. (b)The licensee shall respond within 30 days after the notice is mailed. The licensee's response may include any additional information the licensee wants the board representatives to consider. (c)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. (d)Upon receiving the notice of allegations, the licensee must submit written notification to the board within 14 days of the mailing, indicating whether the licensee has chosen to waive an opportunity to show compliance, have a determination of compliance be made based upon the written information submitted to the board representatives as set out in §187.17 of this title (relating to Informal Show Compliance Proceeding Based on Written Information), or attend an ISC as set out in §187.18 of this title (relating to Informal Show Compliance Proceeding and Settlement Conference Based on Personal Appearance ("ISC")). The board shall assume that if a licensee fails to provide any written response that the licensee has elected to personally appear at an ISC. (e)Notwithstanding any other provision of this section, the board representatives may request that a licensee personally appear at an ISC. (f)Notwithstanding any other provision of this section, board staff may schedule an ISC provided the licensee is given at least ten days notice.
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 December 17, 2001
TRD-200107984 Donald W. Patrick, MD, JD
Executive
Director
Texas State Board of Medical Examiners
Effective date: January 6, 2002
Proposal publication date: November 2, 2001
For further information, please call: (512) 305-7016
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