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Texas Statutes (Last Updated: January 4, 2014) |
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OCCUPATIONS CODE |
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Title 3. HEALTH PROFESSIONS |
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Subtitle C. OTHER PROFESSIONS PERFORMING MEDICAL PROCEDURES |
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Chapter 202. PODIATRISTS |
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Subchapter E. PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES |
Sec. 202.204. GENERAL RULES REGARDING COMPLAINT INVESTIGATION AND DISPOSITION
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(a) The board shall adopt rules concerning the investigation of a complaint filed with the board. The rules adopted under this subsection must:
(1) distinguish between categories of complaints;
(2) ensure that complaints are not dismissed without appropriate consideration;
(3) require that the board be advised of a complaint that is dismissed and that a letter be sent to the person who filed the complaint explaining the action taken on the dismissed complaint;
(4) ensure that the person who filed the complaint has an opportunity to explain the allegations made in the complaint; and
(5) prescribe guidelines concerning the categories of complaints that require the use of an investigator and the procedures for the board to obtain the services of an investigator, including a private investigator.
(b) The board shall:
(1) dispose of all complaints in a timely manner; and
(2) establish a schedule for conducting each phase of a complaint that is under the control of the board not later than the 30th day after the date the board receives the complaint.
(c) The board shall notify each party of the projected time requirements for the complaint. The board shall notify each party to the complaint of the change in the schedule not later than the seventh day after the date the change is made.
(d) The executive director shall notify the board of a complaint that is not resolved within the time prescribed by the board for resolving the complaint so that the board may take necessary action on the complaint.
(e) An investigator whose service is obtained by the board in an investigation under this section is immune from suit and liability for:
(1) holding an informal conference to determine the facts of the complaint;
(2) testifying at a hearing regarding the investigation;
(3) issuing an opinion on or making a report about:
(A) a person who files a complaint under this chapter or requests the services of the board;
(B) a podiatrist; or
(C) a podiatric patient; and
(4) investigating a complaint filed with the board.