complaints against doctors must be sworn and notarized

The text as introduced · 519 words

By: Harrison
H.B. No. 5047

A BILL TO BE ENTITLED

AN ACT

relating to requirements for certain complaints made against and

disciplinary proceedings involving a physician.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 154.051, Occupations Code, is amended by

adding Subsection (c-1) to read as follows:

(c-1) The board may not consider or act on a complaint

unless the complaint is sworn and notarized.

SECTION 2. Section 154.0561, Occupations Code, is amended

by adding Subsection (e) to read as follows:

(e) The board shall notify a physician who is the subject of

a complaint reviewed under this section of the identity of each

expert physician participating in the review.

SECTION 3. Section 164.003(f), Occupations Code, is amended

to read as follows:

(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 each report prepared by an expert physician

reviewer under Section 154.0561 and the name of each reviewer who

prepared a report . The license holder must provide to the board

the license holder's rebuttal at least 15 business days before the

date of the meeting in order for the information to be considered at

the meeting.

SECTION 4. Section 164.0031, Occupations Code, is amended

by adding Subsection (d) to read as follows:

(d) Not later than the third day before the date of an

informal meeting or other informal proceeding, the board must give

notice to the affected physician of the identity of each panelist

conducting the meeting or proceeding.

SECTION 5. Section 164.005, Occupations Code, is amended by

adding Subsection (d-1) to read as follows:

(d-1) The copy of the charges served on the respondent or

the respondent's counsel of record under Subsection (d) must

include:

(1) the identity of any expert the board intends to

present testimony in a formal hearing on the charges; and

(2) a copy of any written report regarding the

respondent prepared at the request of the board by an expert

required to be identified under Subdivision (1).

SECTION 6. Subchapter A, Chapter 164, Occupations Code, is

amended by adding Section 164.0065 to read as follows:

Sec. 164.0065. EXPERT TESTIMONY IN FORMAL HEARING.

Notwithstanding any provision of Chapter 2001, Government Code,

the board may not present testimony from an expert in a formal

hearing before the State Office of Administrative Hearings unless

the expert is identified under Section 164.005(d-1).

SECTION 7. Section 164.003(f-1), Occupations Code, is

repealed.

SECTION 8. The changes in law made by this Act apply only to

a complaint under Chapter 154, Occupations Code, or disciplinary

action under Chapter 164, Occupations Code, initiated on or after

the effective date of this Act.

SECTION 9. This Act takes effect September 1, 2025.