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TITLE 22EXAMINING BOARDS
PART 9TEXAS MEDICAL BOARD
CHAPTER 178COMPLAINTS
RULE §178.7Complaint Resolution

(a) After sufficient information and evidence has been gathered, a determination will be made as to whether the information and evidence gathered indicate that a violation of the Act has occurred.

(b) If the information and evidence gathered indicate that a violation of the Act has occurred, the investigation will be referred for an Informal Show Compliance and Settlement Conference (ISC). This hearing must be scheduled not later than the 180th day after the complaint has been filed, unless good cause is shown for scheduling the meeting after that date. Once the ISC is scheduled, the complaint shall be governed by Chapter 187 of this title (relating to Procedural Rules).

(c) If the information and evidence gathered is insufficient to support that a violation of the Act has occurred, the investigation will be referred to a disciplinary committee of the board for evaluation. If the disciplinary committee of the board determines there is insufficient evidence to support that a violation of the Act has occurred, the case will be recommended to the board for the dismissal of the complaint. If the board approves the disciplinary committee of the board's recommendation, the complaint will be dismissed.

(d) If a complaint is dismissed, a letter shall be sent to the complainant explaining the reason for the dismissal.

(e) If the complaint is dismissed, a letter shall be sent to the address of record of the subject licensee informing him of the dismissal. The board may inform the subject licensee of any recommendations that may improve the subject licensee's practice.

(f) If the complaint is determined to be baseless or unfounded, the complaint shall be dismissed and a letter shall be sent to the address of record of the subject licensee informing him that the complaint was dismissed due to the fact that it was baseless and unfounded.


Source Note: The provisions of this §178.7 adopted to be effective November 30, 2003, 28 TexReg 10489; amended to be effective January 25, 2006, 31 TexReg 390

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