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(a)If there is no written request for an informal show compliance proceeding based on written information, the licensee shall be scheduled to appear for an ISC with one or more board representatives. (b)Notice 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 licensee or the licensee's authorized representative to be received at least ten days prior to the date of the ISC. The notice shall include the time, date, and location of the ISC; the rules governing the proceeding; the deadline for submitting any additional material for presentation to the board representatives; and a brief written statement of the nature of the allegations to be addressed at the ISC. (c)Requests to reschedule the ISC may be granted only if the licensee is able to show that extraordinary circumstances exist such as illness, death or natural disaster, which suggest the need to reschedule the ISC. The licensee must submit a written request within five days of receipt of the notice that includes the reasons for the requested continuance. Counsel to the board shall make the determination as to whether to grant a request to reschedule. (d)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. If no information has been received from the licensee that shall be reported to the board representatives. (e)The ISC shall allow: (1)the board staff to present a synopsis of the allegations and the facts that the board staff reasonably believes could be proven by competent evidence at a hearing; (2)the licensee to reply to the board staff's presentation and present facts the licensee reasonably believes could be proven by competent evidence at a hearing; (3)presentation of evidence by the board staff and the licensee which may include medical and office records, x-rays, pictures, film recordings of all kinds, audio and video recordings, diagrams, charts, drawings, and any other illustrative or explanatory materials which in the discretion of the board representatives are relevant to the proceeding; (4)representation of the licensee by an authorized representative; (5)presentation of oral or written statements by the licensee or authorized representative; (6)presentation of oral or written statements or testimony by witnesses; (7)questioning of the witnesses; (8)questioning of the licensee; (9)rebuttal by board staff; and (10)upon request by board representatives, the board staff may propose appropriate disciplinary action and the licensee or authorized representative may respond. (f)The board representatives may exclude from the ISC all persons except witnesses during their testimony or presentation of statements, the licensee, the licensee's authorized representative, board representatives, and board staff. (g)All evidence that a licensee wishes the board representatives to consider at the ISC must be submitted to the board at least seven days before the ISC. The board representatives may refuse to consider any evidence not submitted in a timely manner. If the board representatives allow the licensee to submit late evidence, the representatives may reschedule and/or assess an administrative penalty for the late submission. (h)During the ISC, the board's legal counsel shall be present to advise the board representatives or the board's employees. (i)At the ISC, the board representatives shall attempt to resolve disputed matters and the representatives may call upon the board staff at any time for assistance in conducting the ISC. (j)The board representatives shall prohibit or limit access to the board's investigative file by the licensee, the licensee's authorized representative, the complainant(s), witnesses, and the public consistent with Act, §164.006. (k)Although the participants may make notes, mechanical or electronic recordings shall not be made of the ISC, settlement discussions, or mediation efforts. (l)The ISC shall be informal and shall not follow the procedures established under this title for formal board proceedings. (m)At the conclusion of the presentations, the board representatives shall deliberate in order to make recommendations for the disposition of the complaint or allegations. During the deliberations by the board representatives, the board representatives shall exclude, except with agreement of the licensee, the board staff who presented the allegations and facts related to the complaint against the licensee, the licensee, the licensee's authorized representative, the complainant(s), witnesses, and the general public. Counsel of the board shall be available for assistance during deliberations. (n)The board representatives may make recommendations to dismiss the complaint or allegations. (o)Upon a determination by the board representatives that the licensee has violated the Act, board rules, or board order, the board representatives may 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).
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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