Texas Register

TITLE 22 EXAMINING BOARDS
PART 9TEXAS STATE BOARD OF MEDICAL EXAMINERS
CHAPTER 178COMPLAINTS
RULE §178.4Complaint Initiation
ISSUE 09/05/2003
ACTION Proposed
Preamble Texas Admin Code Rule

(a)A complainant may initiate a complaint by submitting the information concerning the complaint to the board. This information should include at a minimum:

  (1)The name and contact information of the complainant;

  (2)The name of the licensee against who the complaint is filed;

  (3)The time and place of the alleged violation of the Act; and

  (4)If applicable, the name and birth date of the patient who the physician has allegedly harmed.

(b)The board may file a complaint on its own initiative.

(c)The identity of a non-testifying complainant, as well as the complaint itself, shall remain confidential.

(d)A peer review committee, licensee, and all other groups named in §§160.003, 204.208, 205.304, and 206.159 of the Act shall report relevant information to the board relating to the acts of the licensee in this state if, in their opinion, that licensee poses a continuing threat to the public welfare through the licensee's continued practice. The report shall include a narrative statement describing the time, date, and place of the acts or omissions on which the report is based; and it shall be made to the board as soon as possible after the risk is identified and the relevant information can be assembled.

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-200305472

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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