Bill Summary – FastDemocracy

         
		By: Hall
            S.B. No. 666
         
Statutes affected: 
Introduced: Occupations Code 154.051, Occupations Code 154.053, Occupations Code 154.056, Occupations Code 154.058, Occupations Code 164.003, Occupations Code 154.0561 (Occupations Code 164, Occupations Code 154)
Senate Committee Report: Occupations Code 153.001, Occupations Code 2001.034, Occupations Code 154.053, Occupations Code 154.056, Occupations Code 154.058, Occupations Code 164.003, Occupations Code 164.007 (Occupations Code 153, Occupations Code 164, Occupations Code 2001, Occupations Code 154)
Engrossed: Occupations Code 153.001, Occupations Code 2001.034, Occupations Code 154.053, Occupations Code 154.056, Occupations Code 154.058, Occupations Code 164.003, Occupations Code 164.007 (Occupations Code 153, Occupations Code 164, Occupations Code 2001, Occupations Code 154)

               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


	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