Texas Occupations Code 154.051 – Complaint Initiation
(a) The board by rule shall establish methods by which members of the public and license holders are notified of the name, mailing address, and telephone number of the board for the purpose of directing complaints to the board. The board may provide for that notice:
(1) on each registration form, application, or written contract for services of a person or entity regulated under this subtitle;
(2) on a sign prominently displayed in the place of business of each person or entity regulated under this subtitle; or
(3) in a bill for service provided by a person or entity regulated under this subtitle.
(b) The board shall list with its regular telephone number any toll-free telephone number established under other state law that may be called to present a complaint about a health professional.
Terms Used In Texas Occupations Code 154.051
- Board: means the Texas Medical Board. See Texas Occupations Code 151.002
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- License holder: means a person holding a license, permit, or certificate issued under this subtitle. See Texas Occupations Code 151.002
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: means an individual, unless the term is expressly made applicable to a partnership, association, or corporation. See Texas Occupations Code 151.002
- Rule: includes regulation. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) A person, including a partnership, association, corporation, or other entity, may file a complaint against a license holder with the board. The board may file a complaint on its own initiative.
(d) The board may not consider or act on a complaint involving care provided more than seven years before the date on which the complaint is received by the board unless the care was provided to a minor or the care involves a complaint under Subsection (d-1). If the care was provided to a minor, the board may not consider or act on a complaint involving the care after the later of:
(1) the date the minor is 21 years of age; or
(2) the seventh anniversary of the date of the care.
(d-1) The board may not consider or act on a complaint involving an alleged violation of § 22.011(b)(12), Penal Code, that occurred more than seven years before the date on which the complaint is received by the board or more than 2 years from the date the complainant knew or should have known of the facts giving rise to the complaint, whichever is later.
(e) On receipt of a complaint, the board may consider a previously investigated complaint to determine whether there is a pattern of practice violating this subtitle.