By: Harrison H.B. No. 5047       A BILL TO BE ENTITLED   AN ACT   relating to requirements for certain complaints made against and   disciplinary proceedings involving a physician.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 154.051, Occupations Code, is amended by   adding Subsection (c-1) to read as follows:          (c-1)  The board may not consider or act on a complaint   unless the complaint is sworn and notarized.          SECTION 2.  Section 154.0561, Occupations Code, is amended   by adding Subsection (e) to read as follows:          (e)  The board shall notify a physician who is the subject of   a complaint reviewed under this section of the identity of each   expert physician participating in the review.          SECTION 3.  Section 164.003(f), Occupations Code, is amended   to read as follows:          (f)  The notice required by Subsection (b)(2) must be   accompanied by a written statement of the nature of the allegations   and the information the board intends to use at the meeting. If the   board does not provide the statement or information at that time,   the license holder may use that failure as grounds for rescheduling   the informal meeting. If the complaint includes an allegation that   the license holder has violated the standard of care, the notice   must include a copy of each report prepared by an expert physician   reviewer under Section 154.0561 and the name of each reviewer who   prepared a report.  The license holder must provide to the board   the license holder's rebuttal at least 15 business days before the   date of the meeting in order for the information to be considered at   the meeting.          SECTION 4.  Section 164.0031, Occupations Code, is amended   by adding Subsection (d) to read as follows:          (d)  Not later than the third day before the date of an   informal meeting or other informal proceeding, the board must give   notice to the affected physician of the identity of each panelist   conducting the meeting or proceeding.          SECTION 5.  Section 164.005, Occupations Code, is amended by   adding Subsection (d-1) to read as follows:          (d-1)  The copy of the charges served on the respondent or   the respondent's counsel of record under Subsection (d) must   include:                (1)  the identity of any expert the board intends to   present testimony in a formal hearing on the charges; and                (2)  a copy of any written report regarding the   respondent prepared at the request of the board by an expert   required to be identified under Subdivision (1).          SECTION 6.  Subchapter A, Chapter 164, Occupations Code, is   amended by adding Section 164.0065 to read as follows:          Sec. 164.0065.  EXPERT TESTIMONY IN FORMAL HEARING.     Notwithstanding any provision of Chapter 2001, Government Code,   the board may not present testimony from an expert in a formal   hearing before the State Office of Administrative Hearings unless   the expert is identified under Section 164.005(d-1).          SECTION 7.  Section 164.003(f-1), Occupations Code, is   repealed.          SECTION 8.  The changes in law made by this Act apply only to   a complaint under Chapter 154, Occupations Code, or disciplinary   action under Chapter 164, Occupations Code, initiated on or after   the effective date of this Act.          SECTION 9.  This Act takes effect September 1, 2025.