22 Tex. Admin. Code § 80.2 - Complaint Procedures

(a) A person may file a complaint on the complaint form available on the Board's website or upon request to the Board office.

(b) The Board shall investigate all complaints.

(c) A complaint shall contain all necessary information available, including:

(1) the complainant's name, address, phone number, and email address;

(2) the name, address, phone number, and email address of the licensee or other person against whom the complaint is made;

(3) the date, time, and location where the alleged violation occurred; and

(4) a description of the incident giving rise to the complaint.

(d) A complainant shall cooperate in the investigation of a complaint.

(e) The Board's executive director may dismiss a complaint if:

(1) the allegation is not under the Board's jurisdiction;

(2) the complainant is uncooperative;

(3) the complainant withdraws the complaint in writing;

(4) there are insufficient facts or evidence to support the allegation; or

(5) continued investigation could interfere with a criminal investigation or judicial proceeding.

(f) The Board shall notify a complainant within 30 days if a complaint is dismissed under subsections (e) and (l) of this section.

(g) The Board shall prioritize investigations of complaints that allege criminal acts or serious physical or economic harm to patients.

(h) Board staff may initiate complaints.

(i) The Board president shall appoint an Enforcement Committee to initially consider all complaints not dismissed under subsection (e) of this section.

(j) The executive director, under the direction of the Enforcement Committee, shall oversee all investigations.

(k) Upon completion of an investigation, staff shall present their evidence and recommendation to the Enforcement Committee.

(l) Based on Board staff's evidence and recommendation, the Enforcement Committee shall:

(1) find no violation occurred and dismiss the complaint;

(2) order additional investigation; or

(3) find a violation occurred.

(m) If the Enforcement Committee finds a violation occurred, staff shall send written notice within 14 days to the licensee or other person that includes:

(1) the specific statutes or rules that were violated;

(2) a description of the facts and evidence supporting the finding of a violation;

(3) the maximum penalty under the law the licensee may be subject to;

(4) how the licensee can request an administrative hearing to contest the alleged violation; and

(5) the process for informally settling the complaint without an administrative hearing, including an informal conference if the committee requests one.

(n) A licensee shall respond in writing to the notice of violation within 20 days of receipt.

(o) If possible, staff shall seek to informally settle a complaint without an administrative hearing.

Notes

22 Tex. Admin. Code § 80.2

Former section transferred to 22 TAC § 82.2 by Texas Register, Volume 43, Number 42, October 19, 2018, TexReg 6963, eff. 11/1/2018; current section adopted by Texas Register, Volume 40, Number 04, January 23, 2015, TexReg 379, eff. 1/29/2015; Amended by Texas Register, Volume 41, Number 23, June 3, 2016, TexReg 4011, eff. 9/1/2016; Amended by Texas Register, Volume 43, Number 24, June 15, 2018, TexReg 3887, eff. 6/19/2018; Transferred from 22 TAC § 78.8 by Texas Register, Volume 43, Number 42, October 19, 2018, TexReg 6963, eff. 11/1/2018; Adopted by Texas Register, Volume 45, Number 36, September 4, 2020, TexReg 6234, eff. 9/13/2020