SECTION 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.

Source Note: The provisions of this §80.2 adopted to be September 13, 2020, 45 TexReg 6234