Texas Occupations Code 206.313 – Informal Proceedings
(a) The medical board by rule shall adopt procedures under this chapter governing:
(1) informal disposition of a contested case under Section 2001.056, Government Code; and
(2) informal proceedings held in compliance with Section 2001.054, Government Code.
(b) Rules adopted under this section must require that:
(1) an informal meeting in compliance with Section 2001.054, Government Code, be scheduled not later than the 180th day after the date the medical board’s official investigation of the complaint is commenced, unless good cause is shown by the board for scheduling the informal meeting after that date;
(2) the medical board give notice to the license holder of the time and place of the meeting not later than the 30th day before the date the meeting is held;
(3) the complainant and the license holder be provided an opportunity to be heard;
(4) at least one of the medical board members or district review committee members participating in the informal meeting as a panelist be a member who represents the public;
(5) the medical board’s legal counsel or a representative of the attorney general be present to advise the medical board or the board’s staff; and
(6) a member of the medical board’s staff be at the meeting to present to the panel the facts the staff reasonably believes it could prove by competent evidence or qualified witnesses at a hearing.
Terms Used In Texas Occupations Code 206.313
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Rule: includes regulation. See Texas Government Code 311.005
(c) An affected surgical assistant is entitled, orally or in writing, to:
(1) reply to the staff’s presentation; and
(2) present the facts the surgical assistant reasonably believes the surgical assistant could prove by competent evidence or qualified witnesses at a hearing.
(d) After ample time is given for the presentations, the medical board panel shall recommend that the investigation be closed or shall attempt to mediate the disputed matters and make a recommendation regarding the disposition of the case in the absence of a hearing under applicable law concerning contested cases.
(e) If the license holder has previously been the subject of disciplinary action by the medical board, the board shall schedule the informal meeting as soon as practicable but not later than the deadline prescribed by Subsection (b)(1).