CHAPTER 255. PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES

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Statutes > Texas > Occupations-code > Title-3-health-professions > Chapter-255-public-interest-information-and-complaint-procedures

OCCUPATIONS CODE

TITLE 3. HEALTH PROFESSIONS

SUBTITLE D. DENTISTRY

CHAPTER 255. PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES

Sec. 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, Sec. 1, eff. Sept. 1, 1999.

Sec. 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, Sec. 1, eff. Sept. 1, 1999.

Sec. 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, Sec. 1, eff. Sept. 1, 1999.

Sec. 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

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, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 17, Sec. 11, eff. Sept. 1,

2003.

Sec. 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, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 17, Sec. 11, eff. Sept. 1,

2003.

Sec. 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.

(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; and

(6) establish procedures by which a board employee may dismiss a

complaint if the investigation does not reveal a violation.

(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) Repealed by Acts 2005, 79th Leg., Ch. 810, Sec. 10, eff.

September 1, 2005.

(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, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 17, Sec. 12, eff. Sept. 1,

2003.

Amended by:

Acts 2005, 79th Leg., Ch.

810, Sec. 2, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

810, Sec. 10, eff. September 1, 2005.

Sec. 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, Sec. 1, eff. Sept. 1, 1999.

Sec. 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, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.078(a), eff.

Sept. 1, 2001.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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