The advisory board must adopt informal-proceeding procedures, give advance notice, allow the complainant and subject to be heard, and include specified participants in the meeting.
Sec. 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, 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 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 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.