OCCUPATIONS CODE
CHAPTER 154. PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES
SUBCHAPTER A. PUBLIC INTEREST INFORMATION
§ 154.001. PUBLIC INTEREST INFORMATION. (a) The board
shall prepare information of public interest describing the
functions of the board and the procedures by which complaints are
filed with and resolved by the board.
(b) The board shall make the information available to the
public and appropriate state agencies.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 154.002. INFORMATION FOR PUBLIC
DISSEMINATION. (a) The board shall prepare:
(1) an alphabetical list of the names of the license
holders;
(2) an alphabetical list of the names of the license
holders by the county in which the license holder's principal place
of practice is located;
(3) a summary of the board's functions;
(4) a copy of this subtitle and a list of other laws
relating to the practice of medicine;
(5) a copy of the board's rules;
(6) a statistical report each fiscal year to the
legislature and the public that provides aggregate information
about all complaints received by the board categorized by type of
complaint, including administrative, quality of care, medical
error, substance abuse, other criminal behavior, and the
disposition of those complaints by category; and
(7) other information considered appropriate by the
board.
(b) The board shall provide:
(1) a copy of the information prepared under
Subsection (a) to each person who requests a copy; and
(2) copies of the information prepared under
Subsection (a) to each public library in this state that requests
the copies.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2003, 78th Leg., ch. 202, § 6, eff. June 10, 2003.
§ 154.003. INFORMATION FOR PHYSICIANS. (a) The board
shall disseminate at least twice a year and at other times
determined necessary by the board information of significant
interest to the physicians of this state. The information must
include summaries of:
(1) disciplinary orders made against physicians
licensed in this state;
(2) board activities and functions;
(3) pertinent changes in this subtitle or board rules;
and
(4) attorney general opinions.
(b) The requirements of this section are in addition to the
reporting requirements imposed under Section 164.060.
(c) The board shall disseminate the information to:
(1) each physician practicing in this state;
(2) each health care entity and other board-designated
health care institution operating in this state;
(3) each member of a health-related legislative
committee;
(4) a member of the public who submits a written
request; and
(5) public libraries throughout this state.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 154.004. DISCLOSURE OF DISCIPLINARY ORDERS. (a) On
written request the board shall make available to the general
public on payment of a reasonable fee to cover expenses and to
appropriate state agencies information that includes:
(1) a summary of any previous disciplinary order by
the board against a specific physician licensed in this state;
(2) the date of the order; and
(3) the current status of the order.
(b) If the board is not required under other state law to
establish a toll-free telephone number, the board shall establish
an eight-hour toll-free telephone number to make the information
required by this section immediately available to any caller.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 154.005. PUBLIC PARTICIPATION. (a) The board shall
develop and implement policies that provide the public with a
reasonable opportunity to appear before the board and to speak on
any issue under the board's jurisdiction.
(b) The board shall prepare and maintain a written plan that
describes how a person who does not speak English may be provided
reasonable access to the board's programs.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 154.006. PHYSICIAN PROFILES. (a) The board shall
create a profile of each physician licensed under this subtitle.
The profile must:
(1) include the information required by Subsection
(b); and
(2) be compiled in a format that makes the information
contained in the profile easily available to the public.
(b) A profile must contain the following information on each
physician:
(1) the name of each medical school attended and the
dates of:
(A) graduation; or
(B) Fifth Pathway designation and completion of
the Fifth Pathway Program;
(2) a description of all graduate medical education in
the United States or Canada;
(3) any specialty certification held by the physician
and issued by a medical licensing board that is a member of the
American Board of Medical Specialties or the Bureau of Osteopathic
Specialists;
(4) the number of years the physician has actively
practiced medicine in:
(A) the United States or Canada; and
(B) this state;
(5) the name of each hospital in this state in which
the physician has privileges;
(6) the physician's primary practice location;
(7) the type of language translating services,
including translating services for a person with impairment of
hearing, that the physician provides at the physician's primary
practice location;
(8) whether the physician participates in the Medicaid
program;
(9) a description of any conviction for a felony, a
Class A or Class B misdemeanor, or a Class C misdemeanor involving
moral turpitude;
(10) a description of any charges reported to the
board to which the physician has pleaded no contest, for which the
physician is the subject of deferred adjudication or pretrial
diversion, or in which sufficient facts of guilt were found and the
matter was continued by a court;
(11) a description of any disciplinary action against
the physician by the board;
(12) a description of any disciplinary action against
the physician by a medical licensing board of another state;
(13) a description of the final resolution taken by
the board on medical malpractice claims or complaints required to
be opened by the board under Section 164.201;
(14) whether the physician's patient service areas are
accessible to disabled persons, as defined by federal law;
(15) a description of any formal complaint against the
physician initiated and filed under Section 164.005 and the status
of the complaint; and
(16) a description of any medical malpractice claim
against the physician, not including a description of any offers by
the physician to settle the claim, for which the physician was found
liable, a jury awarded monetary damages to the claimant, and the
award has been determined to be final and not subject to further
appeal.
(c) Information required to be included under Subsection
(b) that is not maintained by the board in the ordinary course of
the board's duties shall be obtained from a physician at the time
the physician renews the physician's license. In requesting
information from the physician, the board shall:
(1) inform the physician that compliance with the
request for information is mandatory;
(2) inform the physician of the date the information
will be made available to the public; and
(3) instruct the physician about the requirements
under Subsection (f) for the physician to obtain a copy of the
physician's profile to make corrections.
(d) This section does not:
(1) prevent the board from providing explanatory
information regarding the significance of categories in which
malpractice settlements are reported; or
(2) require the board to disclose confidential
settlement information.
(e) A pending malpractice claim or complaint, other than a
claim disclosed under Subsection (b)(13), may not be disclosed to
the public by the board. This subsection does not prevent the board
from investigating and disciplining a physician on the basis of a
pending medical malpractice claim or complaint.
(f) The board shall provide a physician with a copy of the
physician's profile if the physician requests a copy at the time the
physician renews the physician's license. If a copy is requested by
a physician, the board shall provide the physician one month from
the date the copy is provided to the physician to correct factual
errors in the physician's profile.
(g) The board shall update the information contained in a
physician's profile annually, except that information provided
under Subsection (i) shall be updated not later than the 10th
working day after the date the formal complaint is filed or the
board's order is issued. The board shall adopt a form that allows a
physician to update information contained in a physician's profile.
The form shall be made available on the Internet and in other
formats as prescribed by board rule. The board may adopt rules
concerning the type and content of additional information that may
be included in a physician's profile.
(h) The board shall adopt rules as necessary to implement
this section.
(i) In addition to the information required by Subsection
(b), a profile must contain the text of a formal complaint filed
under Section 164.005 against the physician or of a board order
related to the formal complaint.
(j) Information included in a physician's profile under
Subsections (b) and (i) may not include any patient identifying
information.
Added by Acts 2001, 77th Leg., ch. 1420, § 14.026(a), eff. Sept.
1, 2001. Amended by Acts 2003, 78th Leg., ch. 202, § 7, eff. June
10, 2003.
SUBCHAPTER B. COMPLAINT PROCEDURES
§ 154.051. COMPLAINT INITIATION. (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 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 present a complaint about a health
professional.
(c) A person, including a partnership, association,
corporation, or other entity, may file a complaint against a
license holder with the board. The board may file a complaint on
its own initiative.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 154.052. RECORDS OF COMPLAINTS. The board shall keep
an information file about each complaint filed with the board. The
information file must be kept current and contain a record for each
complaint of:
(1) each potential witness contacted in relation to
the complaint;
(2) a summary of findings made at each step of the
complaint process;
(3) an explanation of the legal basis and reason for
the dismissal of a complaint;
(4) the schedule for the disposition of the complaint
prepared as required under Section 154.056 and a notation of any
change in the schedule; and
(5) other relevant information.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 154.053. NOTIFICATION CONCERNING COMPLAINT. (a) 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
notify the physician of the nature of the complaint unless the
notice would jeopardize an investigation.
(b) Each party shall be notified of the projected time
requirements for pursuing the complaint. Each party to the
complaint must be notified of a change in the schedule not later
than the 14th day after the date the change is made unless the
notice would jeopardize an investigation.
(c) If a written complaint is filed with the board that the
board has authority to resolve, the board, at least as frequently as
quarterly and until final disposition of the complaint, shall
notify the parties to the complaint of the status of the complaint
unless the notice would jeopardize an investigation.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 154.054. COMPLAINT INFORMATION TO HEALTH CARE
ENTITY. On written request, the board shall provide information to
a health care entity regarding:
(1) a complaint filed against a license holder that
was resolved after investigation by:
(A) a disciplinary order of the board; or
(B) an agreed settlement; and
(2) the basis of and current status of any complaint
under active investigation that has been assigned by the executive
director to a person authorized by the board to pursue legal action.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2003, 78th Leg., ch. 202, § 8, eff. June 10, 2003.
§ 154.055. RELEASE OF COMPLAINT INFORMATION TO
LEGISLATIVE COMMITTEE. (a) On request from a legislative
committee created under Subchapter B, Chapter 301, Government Code,
the board shall release all information regarding a complaint
against a physician to aid in a legitimate legislative inquiry. The
board may release the information only to the members of the
committee.
(b) In complying with a request under Subsection (a), the
board may not identify the complainant or the patient and may reveal
the identity of the affected physician only to the members of the
committee.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 154.056. GENERAL RULES REGARDING COMPLAINT
INVESTIGATION; DISPOSITION. (a) The board shall adopt rules
concerning the investigation and review of a complaint filed with
the board. The rules adopted under this section must:
(1) distinguish among categories of complaints and
give priority to complaints that involve sexual misconduct, quality
of care, and impaired physician issues;
(2) ensure that a complaint is not dismissed without
appropriate consideration;
(3) require that the board be advised of the dismissal
of a complaint and that a letter be sent to the person who filed the
complaint and to the physician who was the subject of the complaint
explaining the action taken on the complaint;
(4) ensure that a person who files a complaint has an
opportunity to explain the allegations made in the complaint;
(5) prescribe guidelines concerning the categories of
complaints that require the use of a private investigator and the
procedures for the board to obtain the services of a private
investigator;
(6) provide for an expert physician panel authorized
under Subsection (e) to assist with complaints and investigations
relating to medical competency; and
(7) require the review of reports filed with the
National Practitioner Data Bank for any report of the termination,
limitation, suspension, limitation in scope of practice, or
probation of clinical or hospital staff privileges of a physician
by:
(A) a hospital;
(B) a health maintenance organization;
(C) an independent practice association;
(D) an approved nonprofit health corporation
certified under Section 162.001; or
(E) a physician network.
(b) The board shall:
(1) dispose of each complaint in a timely manner; and
(2) establish a schedule for conducting each phase of
a complaint that is under the control of the board not later than
the 30th day after the date the board receives the complaint.
(c) The executive director shall notify the board of a
complaint that is unresolved after the time prescribed by the board
for resolving the complaint so that the board may take necessary
action on the complaint.
(d) The board shall adopt other rules as appropriate to
administer this subchapter.
(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. Each member of an
expert physician panel must be licensed to practice medicine in
this state. The rules adopted under this subsection must include
provisions governing the composition of the panel, qualifications
for membership on the panel, and the duties to be performed by the
panel.
(f) In the board rules adopted under Subsection (a)(3), the
board shall require that the letter informing the person who filed
the complaint of the dismissal of the complaint include an
explanation of the reason the complaint was dismissed.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2003, 78th Leg., ch. 202, § 9, eff. June 10, 2003.
§ 154.057. CONDUCT OF INVESTIGATION; USE OF
INVESTIGATORS AS PEACE OFFICERS. (a) Except as otherwise
provided by this subchapter, each investigation of a complaint
filed under this subtitle shall be conducted by the board or by a
person authorized by the board to conduct the investigation.
(b) The board shall make a preliminary investigation of the
complaint. The board shall first determine whether the physician
constitutes a continuing threat to the public welfare.
(c) The board may commission investigators as peace
officers to enforce this subtitle. An investigator commissioned as
a peace officer under this subsection may not carry a firearm or
exercise the powers of arrest.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 154.058. 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.
(b) If the initial review under Subsection (a) indicates
that an act by a physician falls below an acceptable standard of
care, the complaint shall be reviewed by an expert physician panel
authorized under Section 154.056(e) 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.
(c) The expert physician panel shall report in writing the
panel's determinations based on the review of the complaint under
Subsection (b). The report must specify the standard of care that
applies to the facts that are the basis of the complaint and the
clinical basis for the panel's determinations, including any
reliance on peer-reviewed journals, studies, or reports.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2003, 78th Leg., ch. 202, § 10, eff. June 10, 2003.
