22 Tex. Admin. Code § 177.10 - Preliminary Investigation

(a) A preliminary investigation shall be conducted in accordance with §154.057 of the Act. Information gathered during a preliminary investigation may include:

(1) the history of the licensee collected and maintained by the board, including prior board complaints and investigations, if any;

(2) a National Practitioner's Data Bank report;

(3) any additional information provided by the complainant, if needed; and

(4) a response from the licensee, if requested by the board.

(b) The preliminary investigation will determine if the complaint:

(1) is jurisdictional;

(2) is sufficient to open an official investigation;

(3) should be dismissed; or

(4) should be referred to another government agency.

(c) Notwithstanding §154.051(d) and (d-1) of the Act, there is no statute of limitations to consider or act on complaints alleging non-standard of care violations or violations not covered under §22.011(b)(12) of the Texas Penal Code, including action by another state licensing entity or criminal conduct.

Notes

22 Tex. Admin. Code § 177.10

The provisions of this §177.10 adopted to be effective July 4, 2004, 29 TexReg 6089; Amended by Texas Register, Volume 50, Number 02, January 10, 2025, TexReg 0368, eff. 1/9/2025