(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 complainant, as well as the complaint
itself, is part of the investigative information gathered by board
employees and shall remain confidential. All complaints must provide
sufficient information to identify the source or the name of the person
who filed the complaint. Confidentiality shall be waived only by a
written statement of the complainant specifically waiving confidentiality
or by the complainant testifying in a contested case hearing. Notwithstanding
the previous provisions, the name and address of an insurance agent,
insurer, pharmaceutical company or third-party administrator that
files a complaint against a physician shall be reported to the subject
physician within 15 days of receipt by the board, unless the notice
would jeopardize an investigation.
(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 threat is identified and the relevant information
can be assembled. Pursuant to Executive Order GA 09, and not
withstanding any other statute, rule or provision concerning timing
or when a report must be made to the Board, any peer review committee,
licensee, and other group, entity, or person named in §§160.003,
204.208, 205.304, and 206.159 of the Act shall be immediately required
to report any physician scheduling to perform, preparing to perform,
performing, or who has performed a non-urgent elective surgery or
procedure, as defined in §187.57(c) of this subtitle, while Executive
Order GA 09 is in effect, immediately to the board. This duty to report
is mandatory whether any type of proceeding, inquiry, investigation,
or action of any kind is being considered, has been initiated, or
is on-going at a hospital, ambulatory surgical center, or any other
facility or medical setting. All reporting under this emergency rule
is subject to confidentiality under §§160.004-160.008 of
the Act; immunity for civil liability under §160.010 of the Act;
and the prohibitions against discipline and discrimination under §160.012
of the Act.
The agency certifies that legal counsel has reviewed
the emergency adoption and found it to be within the state agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on March 24, 2020
TRD-202001232 Scott Freshour
General Counsel
Texas Medical Board
Effective date: March 24, 2020
Expiration date: July 21, 2020
For further information, please call: (512) 305-7016
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