Bill Text: TX SB177 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the licensing and regulation of physicians.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-03-01 - Left pending in committee [SB177 Detail]
Download: Texas-2011-SB177-Introduced.html
82R628 JAM-F | ||
By: Huffman | S.B. No. 177 |
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relating to the licensing and regulation of physicians. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 154.051, Occupations Code, is amended by | ||
adding Subsection (d) to read as follows: | ||
(d) The board may not consider or act on a complaint | ||
involving care provided more than seven years before the date on | ||
which the complaint is filed unless the care was provided to a | ||
minor. If the care was provided to a minor, the board may not | ||
consider or act on a complaint involving the care after the later | ||
of: | ||
(1) the date the minor is 21 years of age; or | ||
(2) the seventh anniversary of the date of the care. | ||
SECTION 2. Subchapter B, Chapter 154, Occupations Code, is | ||
amended by adding Section 154.0535 to read as follows: | ||
Sec. 154.0535. REQUIREMENTS FOR CERTAIN COMPLAINTS. (a) | ||
In this section: | ||
(1) "Anonymous complaint" means a complaint that lacks | ||
sufficient information to identify the source or the name of the | ||
person who filed the complaint. | ||
(2) "Insurance agent" means a person licensed under | ||
Chapter 4054, Insurance Code. | ||
(3) "Insurer" means an insurance company or other | ||
entity authorized to engage in the business of insurance under | ||
Subtitle C, Title 6, Insurance Code. | ||
(4) "Third-party administrator" means a person | ||
required to have a certificate of authority under Chapter 4151, | ||
Insurance Code. | ||
(b) The board may not accept anonymous complaints. | ||
(c) Notwithstanding any confidentiality requirements under | ||
Chapter 552, Government Code, this subtitle, or rules adopted under | ||
this subtitle, a complaint filed with the board by an insurance | ||
agent, insurer, or third-party administrator against a physician | ||
must include the name and address of the insurance agent, insurer, | ||
or third-party administrator filing the complaint. Not later than | ||
the 15th day after the date the complaint is filed with the board, | ||
the board shall notify the physician who is the subject of the | ||
complaint of the name and address of the insurance agent, insurer, | ||
or third-party administrator who filed the complaint, unless the | ||
notice would jeopardize an investigation. | ||
SECTION 3. Section 154.057(b), Occupations Code, is amended | ||
to read as follows: | ||
(b) The board shall complete a preliminary investigation of | ||
the complaint not later than the 45th [ |
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receiving the complaint. The board shall first determine whether | ||
the physician constitutes a continuing threat to the public | ||
welfare. On completion of the preliminary investigation, the board | ||
shall determine whether to officially proceed on the complaint. If | ||
the board fails to complete the preliminary investigation in the | ||
time required by this subsection, the board's official | ||
investigation of the complaint is considered to commence on that | ||
date. | ||
SECTION 4. Section 155.003(e), Occupations Code, is amended | ||
to read as follows: | ||
(e) An applicant is not eligible for a license if: | ||
(1) the applicant: | ||
(A) holds a medical license that is currently | ||
restricted for cause or [ |
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cause; [ |
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(B) held a medical license that was surrendered | ||
or canceled for cause or revoked by a state, another country [ |
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(2) an investigation or a proceeding is instituted | ||
against the applicant for the restriction, cancellation, | ||
suspension, or revocation by another [ |
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or | ||
(3) a prosecution is pending against the applicant in | ||
any state or[ |
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country for any offense that under the laws of this state is a | ||
felony or a misdemeanor that involves moral turpitude. | ||
SECTION 5. Section 155.101(b), Occupations Code, is amended | ||
to read as follows: | ||
(b) The board may not grant a provisional license under this | ||
section to an applicant who: | ||
(1) has had a medical license suspended or revoked by | ||
another state or country [ |
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(2) holds a medical license issued by another state or | ||
country [ |
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disciplinary order, or probationary order. | ||
SECTION 6. Section 155.104(b), Occupations Code, is amended | ||
to read as follows: | ||
(b) The board may issue a faculty temporary license to | ||
practice medicine to a physician as provided by this section. The | ||
physician: | ||
(1) must hold a current medical license that is | ||
unrestricted and not subject to a disciplinary order or probation | ||
in another state or country [ |
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at least three years of postgraduate residency; | ||
(2) may not: | ||
(A) hold a medical license in another state or | ||
country [ |
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disciplinary orders, or probation; or | ||
(B) have held a medical license that was | ||
surrendered or canceled for cause or revoked by another state or | ||
country or by a uniformed service of the United States; | ||
(3) must pass the Texas medical jurisprudence | ||
examination; and | ||
(4) must hold a salaried faculty position equivalent | ||
to at least the level of assistant professor and be working | ||
full-time at one of the following institutions: | ||
(A) The University of Texas Medical Branch at | ||
Galveston; | ||
(B) The University of Texas Southwestern Medical | ||
Center at Dallas; | ||
(C) The University of Texas Health Science Center | ||
at Houston; | ||
(D) The University of Texas Health Science Center | ||
at San Antonio; | ||
(E) The University of Texas Health Center at | ||
Tyler; | ||
(F) The University of Texas M. D. Anderson Cancer | ||
Center; | ||
(G) Texas A&M University College of Medicine; | ||
(H) the Schools of Medicine at Texas Tech | ||
University Health Sciences Center; | ||
(I) Baylor College of Medicine; | ||
(J) the University of North Texas Health Science | ||
Center at Fort Worth; | ||
(K) an institutional sponsor of a graduate | ||
medical education program accredited by the Accreditation Council | ||
for Graduate Medical Education; or | ||
(L) a nonprofit health corporation certified | ||
under Section 162.001 and affiliated with a program described by | ||
Paragraph (K). | ||
SECTION 7. Section 164.003, Occupations Code, is amended by | ||
amending Subsections (b) and (f) and adding Subsection (i) to read | ||
as follows: | ||
(b) Rules adopted under this section must require that: | ||
(1) an informal meeting in compliance with Section | ||
2001.054, Government Code, be scheduled not later than the 180th | ||
day after the date the board's official investigation of the | ||
complaint is commenced as provided by Section 154.057(b), unless | ||
good cause is shown by the board for scheduling the informal meeting | ||
after that date; | ||
(2) the board give notice to the license holder of the | ||
time and place of the meeting not later than the 45th [ |
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before the date the meeting is held; | ||
(3) the complainant and the license holder be provided | ||
an opportunity to be heard; | ||
(4) at least one of the board members or district | ||
review committee members participating in the informal meeting as a | ||
panelist be a member who represents the public; | ||
(5) the board's legal counsel or a representative of | ||
the attorney general be present to advise the board or the board's | ||
staff; and | ||
(6) a member of the board's staff be at the meeting to | ||
present to the board's representative the facts the staff | ||
reasonably believes it could prove by competent evidence or | ||
qualified witnesses at a hearing. | ||
(f) The notice required by Subsection (b)(2) must be | ||
accompanied by a written statement of the nature of the allegations | ||
and the information the board intends to use at the meeting. If the | ||
board does not provide the statement or information at that time, | ||
the license holder may use that failure as grounds for rescheduling | ||
the informal meeting. If the complaint includes an allegation that | ||
the license holder has violated the standard of care, the notice | ||
must include a copy of the report by the expert physician reviewer. | ||
The license holder must provide to the board the license holder's | ||
rebuttal at least 15 [ |
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meeting in order for the information to be considered at the | ||
meeting. | ||
(i) On request by a physician under review, the board shall | ||
make a recording of the informal settlement conference proceeding. | ||
The recording is a part of the investigative file and may not be | ||
released to a third party unless authorized under this subtitle. | ||
SECTION 8. Sections 164.007(a) and (a-1), Occupations Code, | ||
are amended to read as follows: | ||
(a) The board by rule shall adopt procedures governing | ||
formal disposition of a contested case under Chapter 2001, | ||
Government Code. A formal hearing shall be conducted by an | ||
administrative law judge employed by the State Office of | ||
Administrative Hearings. After receiving the administrative law | ||
judge's findings of fact and conclusions of law, the board shall | ||
dispose of the contested case by issuing a final order based on the | ||
administrative law judge's findings of fact and conclusions of law | ||
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(a-1) Notwithstanding Section 2001.058(e), Government | ||
Code, the [ |
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of law or vacate or modify an order of the administrative law judge. | ||
The board may obtain judicial review of any finding of fact or | ||
conclusion of law issued by the administrative law judge as | ||
provided by Section 2001.058(f)(5), Government Code. For each | ||
case, the board has the sole authority and discretion to determine | ||
the appropriate action or sanction, and the administrative law | ||
judge may not make any recommendation regarding the appropriate | ||
action or sanction [ |
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SECTION 9. Sections 154.051, 154.057, and 164.003, | ||
Occupations Code, as amended by this Act, and Section 154.0535, | ||
Occupations Code, as added by this Act, apply only to the | ||
investigation of a complaint filed on or after the effective date of | ||
this Act. The investigation of a complaint filed before that date | ||
is governed by the law in effect on the date the complaint was | ||
filed, and that law is continued in effect for that purpose. | ||
SECTION 10. Sections 155.003, 155.101, and 155.104, | ||
Occupations Code, as amended by this Act, apply only to an | ||
application for a license filed with the Texas Medical Board on or | ||
after the effective date of this Act. An application for a license | ||
filed before that date is governed by the law in effect on the date | ||
the application was filed, and that law is continued in effect for | ||
that purpose. | ||
SECTION 11. Section 164.007, Occupations Code, as amended | ||
by this Act, applies only to a contested case hearing that is | ||
commenced on or after the effective date of this Act. A contested | ||
case hearing commenced before that date is governed by the law in | ||
effect on the date the hearing commenced, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 12. This Act takes effect September 1, 2011. |