Texas Occupations Code 164.002 – Board Disposition of Complaints, Contested Cases, and Other Matters
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(a) Unless precluded by law, the board may dispose of any complaint or matter relating to this subtitle or of any contested case by a stipulation, agreed settlement, or consent order.
(b) The board shall dispose of a complaint, contested case, or other matter in writing. If appropriate, the affected physician shall sign the writing.
Terms Used In Texas Occupations Code 164.002
- 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.
- Disciplinary order: means an action taken under § 164. See Texas Occupations Code 151.002
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- License holder: means a person holding a license, permit, or certificate issued under this subtitle. See Texas Occupations Code 151.002
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Physician: means a person licensed to practice medicine in this state. See Texas Occupations Code 151.002
- Rule: includes regulation. See Texas Government Code 311.005
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(c) An agreed disposition is a disciplinary order for purposes of reporting under this subtitle and of administrative hearings and proceedings by state and federal regulatory agencies regarding the practice of medicine. An agreed disposition or a remedial plan under § 164.0015 is public information.
(d) In civil litigation, an agreed disposition or a remedial plan under § 164.0015 is a settlement agreement under Rule 408, Texas Rules of Evidence. This subsection does not apply to a license holder who has previously entered into an agreed disposition with the board of a different disciplinary matter or whose license the board is seeking to revoke.
(e) The board may not dismiss a complaint solely on the grounds that the case has not been scheduled for an informal meeting within the time required by § 164.003(b).