Texas § OC.204.312 - INFORMAL PROCEEDINGS

§ OC.204.312. INFORMAL PROCEEDINGS

INFORMAL PROCEEDINGS. (a) The physician assistant board by rule shall adopt procedures 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 complaint is filed with the physician assistant board, unless good cause is shown by the physician assistant board for scheduling the informal meeting after that date; (2) the physician assistant 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 physician assistant board members participating in the informal meeting as a panelist be a member who represents the public; (5) the physician assistant board's legal counsel or a representative of the attorney general be present to advise the physician assistant board or the medical board's staff; and (6) a member of the medical board's staff be at the meeting to present to the physician assistant board's representative the facts the staff reasonably believes it could prove by competent evidence or qualified witnesses at a hearing. (c) An affected physician assistant is entitled to: (1) reply to the staff's presentation; and (2) present the facts the physician assistant reasonably believes the physician assistant could prove by competent evidence or qualified witnesses at a hearing. (d) After ample time is given for the presentations, the physician assistant 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 license holder has previously been the subject of disciplinary action by the physician assistant board, the physician assistant board shall schedule the informal meeting as soon as practicable but not later than the deadline prescribed by Subsection (b)(1). Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419 ), Sec. 2.27, eff. September 1, 2005.