1. (a) A preliminary investigation shall be conducted in accordance with §154.057 of the Act. Information gathered during a preliminary investigation may include:

   1. (1) the history of the licensee collected and maintained by the board, including prior board complaints and investigations, if any;
   2. (2) a National Practitioner's Data Bank report;
   3. (3) any additional information provided by the complainant, if needed; and
   4. (4) a response from the licensee, if requested by the board.

2. (b) The preliminary investigation will determine if the complaint:

   1. (1) is jurisdictional;
   2. (2) is sufficient to open an official investigation;
   3. (3) should be dismissed; or
   4. (4) should be referred to another government agency.
3. (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.