22 Tex. Admin. Code § 277.13 - Complaints Resulting From Glaucoma Treatment - Investigation Process
(a) Each jurisdictional complaint received by
the Board related to a therapeutic optometrist's treatment of a patient for
glaucoma or a jurisdictional complaint that includes allegations involving
failure to refer glaucoma treatment to an ophthalmologist pursuant to
§351.3581(d) of the Optometry Act, shall be subject to a two-step
investigation process as set forth more thoroughly in this Rule. A complaint is
jurisdictional if it alleges conduct by a licensee that, if true, would
constitute a violation of the Optometry Act or Board rules.
(b) Each jurisdictional complaint shall be
subjected to an Initial Investigation, which may then result in an Official
Investigation overseen by the Expert Panel, as contemplated in § 277.14 of
this title (relating to Complaints Resulting From Glaucoma Treatment-Use of
Case Review Consultant and Expert Panel).
(c) Upon receipt of a complaint regarding
glaucoma treatment, for which the Board has jurisdiction, such complaint shall
undergo an Initial Investigation by the Board, including an initial review by a
qualified physician licensed in this state who specializes in ophthalmology
selected by the Board from a list of ophthalmologists approved by the Texas
Medical Board (such qualified licensed physician being hereinafter referred to
as the "Case Review Consultant"). Each jurisdictional complaint referred to the
Case Review Consultant shall be provided to the Texas Medical Board. The Case
Review Consultant shall have access to the initial investigation
materials.
(d) The Initial
Investigation shall at least include the following:
(1) Any and all information received from the
complainant;
(2) Any and all
medical records related to the complaint;
(3) Any and all communication or response to
the complaint from the Respondent; and
(4) The Case Review Consultant's written
report that determines whether the treatment of the patient for glaucoma
violated the standard of care applicable to a physician specializing in
ophthalmology.
(e) If,
at the conclusion of the Initial Investigation, the Case Review Consultant
determines that the standard of care was violated, the Board shall commence the
Official Investigation procedure contemplated in § 277.14 of this
title.
(f) If, at the conclusion of
the Initial Investigation, the Case Review Consultant did not determine that
the Respondent violated the standard of care related to the treatment of
glaucoma, the matter shall be referred to the Board for further investigation
not related to the treatment of glaucoma or referred to the Board for
dismissal. The Texas Medical Board shall be advised of the disposition of the
complaints.
(g) In all events, if
the Case Review Consultant determines that a complaint regarding glaucoma
treatment suggests that the continued practice by a licensee or the continued
performance by a licensee of a procedure for which the person holds a glaucoma
certification would constitute a clear, imminent, or continuing threat to a
patient's health or well-being, the Board shall appoint a three-member
disciplinary panel consisting of board members to determine whether the license
issued should be temporarily suspended or restricted pursuant to §351.5015
of the Texas Optometry Act.
(h)
Board staff shall use reasonable efforts to ensure that any information shared
with the Case Review Consultant and/or Expert Panel contemplated in this
section and § 277.14 of this title hereof shall be redacted and
de-identified so as to maintain anonymity of the licensee who is the subject of
the complaint.
Notes
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