SB93 - Relating to complaint information and to rulemaking and disciplinary procedures of the Texas Medical Board.

  89R2520 BEE-D     By: Hall S.B. No. 93       A BILL TO BE ENTITLED   AN ACT   relating to complaint information and to rulemaking and   disciplinary procedures of the Texas Medical Board.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 153.001, Occupations Code, is amended to   read as follows:          Sec. 153.001.  ADOPTION OF RULES. (a) The board may adopt   rules and bylaws as necessary to:                (1)  govern its own proceedings;                (2)  perform its duties;                (3)  regulate the practice of medicine in this state;   and                (4)  enforce this subtitle.           (b)     Notwithstanding any other law and except as otherwise   provided by this subsection, the board must hold a public hearing   with a public comment period on a proposed rule before adopting the   rule.   This subsection does not apply to an emergency rule adopted   or renewed in accordance with Section 2001.034, Government Code.          SECTION 2.  Section 154.051, Occupations Code, is amended by   amending Subsections (a), (b), and (c) and adding Subsections (c-1)   and (d-2) to read as follows:          (a)  The board by rule shall establish methods by which   members of the public and license holders are notified of the name,   mailing address, and telephone number of the board for the purpose   of obtaining information about complaint procedures and directing   complaints to the board. The board may provide for that notice:                (1)  on each registration form, application, or written   contract for services of a person or entity regulated under this   subtitle;                (2)  on a sign prominently displayed in the place of   business of each person or entity regulated under this subtitle; or                (3)  in a bill for service provided by a person or   entity regulated under this subtitle.          (b)  The board shall list with its regular telephone number   any toll-free telephone number established under other state law   that may be called to obtain information about how to present a   complaint about a health professional.          (c)  A person, including a partnership, association,   corporation, or other entity, may not file a complaint against a   license holder with the board unless the person:                 (1)  is:                       (A)  a patient of the license holder; or                       (B)     directly involved in the care of a patient of   the license holder and the complaint concerns the license holder's   provision of care to that patient; or                 (2)     is not a person described by Subdivision (1) and   has direct knowledge of the incident that is the subject of the   complaint .           (c-1)   The board may file a complaint on its own initiative.           (d-2)     Notwithstanding Subsections (d) and (d-1), the board   may consider or act on a complaint involving conduct that   constitutes a criminal offense at any time before the expiration of   the applicable statute of limitations for the offense.          SECTION 3.  Subchapter B, Chapter 154, Occupations Code, is   amended by adding Section 154.0511 to read as follows:           Sec.   154.0511.     FORM OF CERTAIN COMPLAINTS. The board may   not accept or take action regarding, or require a license holder to   respond to, a complaint filed with the board by a person described   by Section 154.051(c)(2) unless the complaint is in writing and   includes:                 (1)  the name of the complainant; and                 (2)  a sworn affidavit that:                       (A)     states that all of the facts asserted in the   complaint are:                             (i)  true; and                             (ii)     based on personal knowledge of the   physician's care of a patient identified in the complaint; and                       (B)     is executed before a notary public under   penalty of perjury.          SECTION 4.  Section 154.053, Occupations Code, is amended by   amending Subsection (a) and adding Subsection (a-1) to read as   follows:          (a)   Except as provided by Subsection (a-1), the  [ The ] board   shall notify a physician who is the subject of a complaint filed   with the board that a complaint has been filed and shall provide   [ notify ] the physician with a complete copy [ of the nature ] of the   complaint , including the name of the complainant [ unless the notice   would jeopardize an investigation ].           (a-1)     The board shall redact the name of the complainant   from the complete copy of the complaint provided to the physician   under Subsection (a) if the complaint filed with the board is in   writing and includes:                 (1)  the name of the complainant; and                 (2)  a sworn affidavit that:                       (A)     states that all of the facts asserted in the   complaint are:                             (i)  true; and                             (ii)     based on personal knowledge of the   physician's care of a patient identified in the complaint; and                       (B)     is executed before a notary public under   penalty of perjury.          SECTION 5.  Section 154.056, Occupations Code, is amended by   adding Subsections (b-1), (b-2), (b-3), (b-4), and (b-5) and   amending Subsection (e) to read as follows:           (b-1)     The board must complete the investigation of a   complaint not later than the 120th day after the date the complaint   is filed with the board, except that the board may extend the period   for investigating the complaint for an additional 30 days if   extenuating circumstances prevent the completion of the   investigation within the 120-day period.           (b-2)     In conducting an investigation of a complaint filed   with the board, the board may not investigate matters that are   outside of the scope of the filed complaint. This subsection   applies at all times before the resolution of the complaint,   including during the initial investigation period and any informal   proceeding or disciplinary hearing.           (b-3)     Except as provided by Subsection (b-4), the board may   not investigate a complaint involving a violation alleged to have   occurred more than three years before the date the complaint is   filed.           (b-4)     The board may not investigate a complaint that alleges   a violation involving care provided to a person who was 17 years of   age or younger at the time of the alleged violation unless the   complaint is filed on or before the person's 20th birthday.           (b-5)     Notwithstanding Subsections (b-3) and (b-4), the   board may investigate a complaint that alleges a violation   involving conduct constituting a criminal offense as provided by   Section 154.051(d-2).          (e)  The board by rule shall provide for an expert physician   panel appointed by the board to assist with complaints and   investigations relating to medical competency by acting as expert   physician reviewers.  Each member of the expert physician panel   must be a physician licensed to practice medicine in a member state,   as defined by Section 171.002 , and engaged in the active practice of   medicine .  The rules adopted under this subsection must include   provisions governing the composition of the panel, qualifications   for membership on the panel, length of time a member may serve on   the panel, grounds for removal from the panel, the avoidance of   conflicts of interest, including situations in which the affected   physician and the panel member live or work in the same geographical   area or are competitors, and the duties to be performed by the   panel.  The board's rules governing grounds for removal from the   panel must include providing for the removal of a panel member who   is repeatedly delinquent in reviewing complaints and in submitting   reports to the board.  The board's rules governing appointment of   expert physician panel members to act as expert physician reviewers   must include a requirement that the board randomly select, to the   extent permitted by Section 154.058(b) and the conflict of interest   provisions adopted under this subsection, panel members to review a   complaint who are:                (1)  licensed to practice medicine in this state; or                (2)  licensed to practice medicine in a member state,   as defined by Section 171.002, if there are no panel members   licensed to practice medicine in this state available to review the   complaint in a timely manner.          SECTION 6.  Section 154.058, Occupations Code, is amended to   read as follows:          Sec. 154.058.   EXPERT PHYSICIAN REVIEW AND DETERMINATION OF   MEDICAL COMPETENCY.  (a)  Each complaint against a physician that   requires a determination of medical competency shall be reviewed   initially by a board member, consultant, or employee [ with a   medical background considered sufficient by the board ].   A board   member, consultant, or employee who reviews a complaint under this   subsection must be a physician licensed in this state and engaged in   the active practice of medicine.          (b)  If the initial review under Subsection (a) indicates   that an act by a physician may fall [ falls ] below an acceptable   standard of care, the complaint shall be reviewed by five expert   physician reviewers who:                 (1)  are selected from the [ an ] expert physician panel   authorized under Section 154.056(e) ; and                 (2)  have an active [ consisting of physicians who ]   practice in the same specialty as the physician who is the subject   of the complaint [ or in another specialty that is similar to the   physician's specialty ].           (b-1)     The physician who is the subject of the complaint is   entitled to strike any expert physician panel member from   participating in the review under Subsection (b) if the subject   physician is aware that the panel member's participation represents   a conflict of interest, including a situation in which the subject   physician and the panel member live or work in the same geographical   area or are competitors.           (b-2)     Each expert physician panel member reviewing a   complaint under this section must:        [Text truncated for display. 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