Bill > SB93

This bill modifies the rulemaking and complaint procedures for the Texas Medical Board (TMB), introducing several key changes. The bill requires the TMB to hold public hearings before adopting rules, with exceptions for emergency rules. It significantly restricts who can file complaints against medical license holders, limiting complaints to patients, those directly involved in a patient's care, or individuals with direct personal knowledge of an incident. The bill mandates that complaints from non-patients must be in writing and include a sworn affidavit attesting to the truthfulness of the complaint. The TMB must now complete complaint investigations within 120 days, with a possible 30-day extension, and is generally prohibited from investigating complaints about incidents older than three years or involving patients who were minors at the time, unless specific conditions are met. The bill also changes the expert physician review process, requiring five expert reviewers from the same medical specialty to independently review complaints and vote on whether a physician's actions fall below an acceptable standard of care. Notably, disciplinary action can only be taken if at least three-fourths of the expert reviewers determine that the physician's actions were below standard. Additionally, the bill modifies rules around informal settlement conferences and removes the board's previous ability to appeal administrative law judge findings, requiring the board to issue a final order based on those findings.

Health and Social Services

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SB93