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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 E. REGULATION OF NURSING |
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Chapter 301. NURSES |
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Subchapter E. PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES |
Sec. 301.204. GENERAL RULES, POLICIES, AND PROCEDURES REGARDING COMPLAINT INVESTIGATION AND DISPOSITION
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(a) The board shall adopt rules, policies, and procedures concerning the investigation of a complaint filed with the board. The rules, policies, or procedures 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;
(5) prescribe guidelines concerning the categories of complaints that require the use of a private investigator and the procedures for the board to obtain the services of a private investigator; and
(6) by rule allow appropriate employees of the board to dismiss a complaint if an investigation demonstrates that:
(A) a violation did not occur; or
(B) the subject of the complaint is outside the board's jurisdiction.
(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 the parties of the projected time requirements for pursuing the complaint.
(d) The board shall notify the parties to the complaint of any change in the schedule not later than the seventh day after the date the change is made.
(e) The executive director of the board shall notify the board of a complaint that is unresolved after the time prescribed by the board for resolving the complaint so that the board may take necessary action on the complaint.
(f) At each public meeting of the board, the executive director shall report to the board each complaint dismissed under Subsection (a)(6) since the board's last public meeting.