Tex. Occ. Code Section 604.209
Informal Proceedings


(a)

The advisory board by rule shall adopt procedures governing:

(1)

informal disposition of a contested case under Section 2001.056 (Informal Disposition of Contested Case), Government Code; and

(2)

informal proceedings held in compliance with Section 2001.054 (Licenses), Government Code.

(b)

Rules adopted under this section must require that:

(1)

an informal meeting in compliance with Section 2001.054 (Licenses), Government Code, be scheduled and the advisory board give notice to the person who is the subject of a complaint of the time and place of the meeting not later than the 45th day before the date the meeting is held;

(2)

the complainant and the person who is the subject of the complaint be provided an opportunity to be heard;

(3)

at least one of the advisory board members participating in the informal meeting as a panelist be a member who represents the public;

(4)

a member of the medical board’s staff be at the meeting to present to the advisory board’s representative the facts the staff reasonably believes it could prove by competent evidence or qualified witnesses at a hearing; and

(5)

the advisory board’s legal counsel or a representative of the attorney general be present to advise the advisory board or the medical board’s staff.

(c)

The person who is the subject of the complaint is entitled to:

(1)

reply to the staff’s presentation; and

(2)

present the facts the person reasonably believes the person could prove by competent evidence or qualified witnesses at a hearing.

(d)

After ample time is given for the presentations, the advisory board representative 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 person who is the subject of the complaint has previously been the subject of disciplinary action by the advisory board, the advisory board shall schedule the informal meeting as soon as practicable.

(f)

Section 604.175 (Confidentiality of Investigative Information) applies to an investigation file and investigative information in the possession of or used by the advisory board in an informal proceeding under this section.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.186, eff. September 1, 2015.

Source: Section 604.209 — Informal Proceedings, https://statutes.­capitol.­texas.­gov/Docs/OC/htm/OC.­604.­htm#604.­209 (accessed Jun. 5, 2024).

604.001
Definitions
604.002
Interpretation: Practice of Medicine
604.003
Effect of Chapter
604.021
Texas Board of Respiratory Care
604.022
Appointment of Advisory Board
604.023
Membership Eligibility and Restrictions
604.024
Terms
604.025
Officers
604.026
Grounds for Removal
604.027
Per Diem
604.028
Application of Open Meetings, Open Records, and Administrative Procedure Laws
604.029
Meetings
604.030
Training
604.052
General Powers and Duties of Advisory Board
604.053
Fees
604.054
Approval of Education Programs
604.055
Peer Assistance Program
604.057
Rules Regarding Advertising or Competitive Bidding
604.058
Rules on Consequences of Criminal Conviction
604.059
Assistance by Medical Board
604.060
Public Participation
604.101
Certificate or Temporary Permit Required
604.102
Use of Title
604.103
Application
604.104
Requirement for Certificate
604.105
Issuance of Certificate
604.106
Issuance of Certificate by Reciprocity
604.107
Requirements for Temporary Permit
604.108
Issuance of Temporary Permit
604.109
Transfer of Certificate or Temporary Permit Prohibited
604.110
Delegation of Authority to Issue Certificate or Temporary Permit
604.151
Certificate Renewal
604.152
Notice of Certificate Renewal
604.153
Issuance of Renewal Certificate
604.154
Continuing Education Requirements
604.156
Inactive Status
604.157
Renewal of Temporary Permit
604.158
Refusal for Violation of Board Order
604.171
Complaint Information and Status
604.172
Conduct of Investigation
604.173
Access to Complaint Information
604.174
Health Care Entity Request for Information
604.175
Confidentiality of Investigative Information
604.176
Permitted Disclosure of Investigative Information
604.201
Disciplinary Action
604.202
Emergency Suspension
604.203
Administrative Procedure for Contested Case Hearing
604.204
Effect of Denial of Application or Revocation of Certificate or Temporary Permit
604.205
Delegation of Certain Complaint Dispositions
604.206
Subpoena
604.207
Protection of Patient Identity
604.208
Required Suspension of License of Incarcerated Certificate or Temporary Permit Holder
604.209
Informal Proceedings
604.210
Advisory Board Representation in Informal Proceedings
604.211
Roles and Responsibilities of Participants in Informal Proceedings
604.212
Limit on Access to Investigation Files
604.213
Refund
604.214
Expert Immunity
604.301
Imposition of Penalty
604.302
Amount of Penalty
604.303
Notice of Violation and Penalty
604.304
Penalty to Be Paid or Hearing Requested
604.305
Hearing
604.306
Decision by Advisory Board
604.307
Options Following Decision: Pay or Appeal
604.308
Collection of Penalty
604.309
Determination of Court
604.310
Remittance of Penalty and Interest
604.311
Administrative Penalty Expenses and Costs
604.312
Administrative Procedures
604.351
General Criminal Penalty
604.352
Other Criminal Offenses
604.0521
Guidelines for Early Involvement in Rulemaking Process
604.0522
Powers and Duties of Medical Board Relating to Respiratory Care Practitioners
604.1031
Criminal History Record Information Requirement for Certificate or Temporary Permit
604.1041
Examination
604.1042
Notification of Examination Results
604.1521
Procedure for Renewal
604.1522
Renewal of Certificate by Out-of-state Practitioner
604.1523
Criminal History Record Information Requirement for Renewal
604.2011
Surrender of Certificate or Temporary Permit

Accessed:
Jun. 5, 2024

§ 604.209’s source at texas​.gov