(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. 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. (b)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. (c)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. (d)Notwithstanding any other provision of this section, the board representatives may request that a licensee personally appear at an ISC. (e)All informal show compliance proceedings shall be scheduled not later than the 180th day after the date the complaint is filed with the board, unless good cause is shown by the board for scheduling the informal meeting after that date. [(e)Notwithstanding any other provision of this section, including subsections (a) and (c) 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 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 August 25, 2003
TRD-200305480 Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Earliest possible date of adoption: October 5, 2003
For further information, please call: (512) 305-7016
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