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TITLE 22 - EXAMINING BOARDS
PART 9 - TEXAS MEDICAL BOARD
CHAPTER 177 - COMPLAINTS AND INVESTIGATIONS
SUBCHAPTER B - INVESTIGATIVE PROCESS
SECTION/RULE §177.10 - Preliminary Investigation
Chapter Review Date 12/05/2011

(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.

Source Note: The provisions of this §177.10 adopted to be effective January 9, 2025, 50 TexReg 365.

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