Sec. 263.0075. INFORMAL SETTLEMENT CONFERENCE; RESTITUTION

(a) The board by rule shall establish procedures by which a panel of board employees may conduct an informal settlement conference to resolve a complaint against a person licensed under this subtitle.

(b) Procedures established under this section must:

(1) permit involvement of a board member in an informal settlement conference conducted by a panel of board employees;

(2) ensure that the panel of board employees conducting the conference has the necessary expertise and experience;

(3) require the panel of board employees conducting the conference to use the standardized penalty schedule adopted by the board to determine the appropriate disciplinary action, if any, to recommend to the board;

(4) require a settlement of the complaint recommended by the panel of board employees to be approved by the board;

(5) permit the board to modify a recommended settlement of the complaint with the approval of the license holder; and

(6) permit the panel of board employees to refer the complaint to the State Office of Administrative Hearings for a formal hearing and require the panel to notify the board of the referral.

(c) Subject to Subsection (d), the board may order a person licensed under this subtitle to pay restitution to a patient as provided in an agreement resulting from an informal settlement conference instead of or in addition to assessing an administrative penalty under Subchapter A, Chapter 264.

(d) The amount of restitution ordered as provided in an agreement resulting from an informal settlement conference may not exceed the amount the patient paid to the license holder for a service regulated by this subtitle. The board may not require payment of other damages or estimate harm in a restitution order.

Added by Acts 2003, 78th Leg., ch. 17, Sec. 20, eff. Sept. 1, 2003.