OCCUPATIONS CODE
CHAPTER 255. PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES
§ 255.001. PUBLIC INTEREST INFORMATION. (a) The board
shall prepare information of public interest describing the
functions of the board and procedures by which complaints are filed
with and resolved by the board.
(b) The board shall make the information available to the
public and appropriate state agencies.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 255.002. COMPLAINTS. (a) The board by rule shall
establish methods by which consumers and service recipients 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, brochure,
or written contract for services of a person regulated under this
subtitle;
(2) on a sign prominently displayed in the place of
business of each person regulated under this subtitle; or
(3) in a bill for service provided by a person
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.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 255.003. ASSISTANCE WITH COMPLAINT. The board shall
provide reasonable assistance to a person who wishes to file a
complaint with the board.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 255.004. RECORDS OF COMPLAINTS. (a) The board shall
maintain a file on each written complaint filed with the board.
(b) The file must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint was received by the board;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to
the complaint;
(5) a summary of the results of the review or
investigation of the complaint; and
(6) an explanation of the reason the file was closed,
if the board closed the file without taking action other than to
investigate the complaint
(c) The board shall provide to the person filing the
complaint and to each person who is a subject of the complaint a
copy of the board's policies and procedures relating to complaint
investigation and resolution.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2003, 78th Leg., ch. 17, § 11, eff. Sept. 1, 2003.
§ 255.005. NOTIFICATION OF INVESTIGATION STATUS. If a
written complaint is filed with the board that the board has
authority to resolve, the board, at least quarterly until final
disposition of the complaint, shall notify the person filing the
complaint and each person who is a subject of the complaint of the
status of the investigation unless the notice would jeopardize an
undercover investigation.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2003, 78th Leg., ch. 17, § 11, eff. Sept. 1, 2003.
§ 255.006. GENERAL RULES REGARDING COMPLAINT
INVESTIGATION AND DISPOSITION. (a) A complaint received under
this chapter must be filed with and reviewed by the board to
determine jurisdiction. If the board has jurisdiction, the board
shall investigate the complaint to determine the facts concerning
the complaint.
(b) The board may not consider a complaint that is filed
with the board after the fourth anniversary of the date:
(1) the act that is the basis of the complaint
occurred; or
(2) the complainant discovered, or in the exercise of
reasonable diligence should have discovered, the occurrence of the
act that is the basis of the complaint.
(c) The board by rule shall:
(1) adopt a form to standardize information concerning
complaints filed with the board; and
(2) prescribe information to be provided to a person
when the person files a complaint with the board.
(d) The board shall adopt rules concerning the
investigation of a complaint filed with the board. The rules
adopted under this subsection must:
(1) distinguish between categories of complaints;
(2) ensure that a complaint is 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) require that investigators used by the board be
state employees;
(6) establish procedures by which a board employee may
dismiss a complaint if the investigation does not reveal a
violation; and
(7) establish procedures by which a board employee may
expunge from the records of the board a complaint dismissed under
Subdivision (6) if the employee determines the complaint to have
been groundless.
(d-1) Procedures established under Subsection (d)(6) must:
(1) require a board employee to consult with a dentist
member of the board before dismissing a complaint relating to
patient morbidity, professional conduct, or quality of care;
(2) ensure that the decision to dismiss a complaint is
made with the appropriate level of review and necessary expertise
and experience; and
(3) require the dismissal of a complaint to be
reported to the board at a public meeting of the board.
(d-2) Procedures established under Subsection (d)(7) must:
(1) require a board employee to consult with a dentist
member of the board before expunging a complaint described by
Subsection (d-1)(1);
(2) ensure that the decision to expunge a complaint is
made with the appropriate level of review and necessary expertise
and experience; and
(3) require the expungement of a complaint to be
reported to the board at a public meeting of the board.
(e) The board shall:
(1) dispose of each complaint in a timely manner; and
(2) establish a schedule for conducting each phase of
a complaint that is under the control of the board.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2003, 78th Leg., ch. 17, § 12, eff. Sept. 1, 2003.
§ 255.007. NOTICE TO BOARD CONCERNING
COMPLAINTS. (a) The executive director shall notify the board of
a complaint that is unresolved after the second anniversary of the
date the complaint is filed.
(b) The executive director shall explain to the board the
reasons that the complaint has not been resolved. The executive
director shall periodically provide the notice and explanation
required by this section at regularly scheduled board meetings.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 255.008. PUBLIC PARTICIPATION. (a) The board shall
develop and implement policies that provide the public with a
reasonable opportunity to appear before the board and to speak on
any issue under the board's jurisdiction, except to the extent the
communication would be ex parte under any law.
(b) The board shall prepare and maintain a written plan that
describes how a person who does not speak English may be provided
reasonable access to the board's programs.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2001, 77th Leg., ch. 1420, § 14.078(a), eff. Sept. 1,
2001.
