Bill Text: TX HB602 | 2019-2020 | 86th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to certain duties of the Texas Medical Board regarding a complaint against a license holder.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2019-04-11 - Considered in Calendars [HB602 Detail]

Download: Texas-2019-HB602-Introduced.html

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86R5615 MAW-D
By: Zedler H.B. No. 602

A BILL TO BE ENTITLED
AN ACT
relating to certain duties of the Texas Medical Board regarding an
alleged violation by a license holder.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 164.007, Occupations Code, is amended by
amending Subsection (a-1) and adding Subsection (a-2) to read as
follows:
(a-1) Subject to the board's authority to obtain judicial
review under Subsection (a-2), if the administrative law judge
determines that the alleged violation that is the subject of the
contested case did not occur, the board shall, as applicable:
(1) if the board reported the alleged violation to the
National Practitioner Data Bank, submit a supplemental report to
the data bank stating that the violation did not occur; and
(2) remove from the board's Internet website:
(A) any description of the alleged violation; and
(B) any previous board order regarding the
alleged violation.
(a-2) Notwithstanding Section 2001.058(e), Government
Code, the board may not change a finding of fact or conclusion 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.
SECTION 2. This Act takes effect September 1, 2019.