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Tex. Occ. Code § 164.005

INITIATION OF CHARGES; FORMAL COMPLAINT

Known as the Medical Practice Act

The act spans §§ 151–172 (375 sections).

Applied in 1 court decision — leading case Aleman v. Tex. Med. Bd. (2017)

Most recently applied in Aleman v. Tex. Med. Bd. (March 2017)

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff

(a) In this section, "formal complaint" means a written statement made by a credible person that is filed and presented by a board representative charging a person with having committed an act that, if proven, could affect the legal rights or privileges of a license holder or other person under the board's jurisdiction.

(b) Unless otherwise specified, a proceeding under this subtitle or other applicable law and a charge against a license holder may be instituted by an authorized representative of the board.

(c) A charge must:

(1) be filed with the board's records custodian or assistant records custodian; and

(2) detail the nature of the charge as required by this subtitle or other applicable law.

(d) The board president or a designee shall ensure a copy of the charges is served on the respondent or the respondent's counsel of record.

(e) The president or designee shall notify the State Office of Administrative Hearings of a formal complaint.

(f) A formal complaint must allege with reasonable certainty each specific act relied on by the board to constitute a violation of a specific statute or rule. The formal complaint must be specific enough to:

(1) enable a person of common understanding to know what is meant by the formal complaint; and

(2) give the person who is the subject of the formal complaint notice of each particular act alleged to be a violation of a specific statute or rule.

(g) The board shall adopt rules to promote discovery by each party to a contested case.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.