(a)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 complainants and 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. [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)Unless a timely written request from the licensee for an informal show compliance proceeding based on written information is received, the licensee shall be scheduled to appear in person for an ISC with one or more board representatives. [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) - (d)(No change.) (e)The ISC shall allow: (1) - (6)(No change.) (7)questioning of the witnesses in a manner prescribed by the panel; (8) - (10)(No change.) (f)The board representatives, board staff, the licensee, and the licensee's authorized representative shall be present during the presentation of statements and testimony during the ISC. [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)Notwithstanding subsection (f) of this section, the board representatives may allow the person alleged to have suffered harm due to actions of the licensee to testify outside the physical presence of the licensee to protect the person from harassment and/or undue embarrassment, for personal safety concerns, or for any other demonstrated and legitimate need. If such testimony is allowed, arrangements will be made to allow the licensee to listen to the testimony contemporaneously as it is given. (h)[(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. (i)[(h)] During the ISC, the board's legal counsel shall be present to advise the board representatives or the board's employees. (j)[(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. (k)[(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, §164.007 [§164.006 ]. (l)[(k)] Although the participants may make notes, mechanical or electronic recordings shall not be made of the ISC, settlement discussions, or mediation efforts. (m)[(l)] The ISC shall be informal and shall not follow the procedures established under this title for formal board proceedings. (n)[(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. (o)[(n)] The board representatives may make recommendations to dismiss the complaint or allegations. (p)[(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 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 December 20, 2002
TRD-200208463 Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Earliest possible date of adoption: February 2, 2003
For further information, please call: (512) 305-7016
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