Pursuant to §§164.003 - .004 of the Act and §§2001.054 - .056 of the APA, the following rules shall apply to informal resolution:

1. (1) Any matter within the board's jurisdiction may be resolved informally by agreed order, dismissal, or default.
2. (2) Prior to the imposition of any disciplinary action against a licensee, the licensee shall be given the opportunity to show compliance with all the requirements of the law for the retention of an unrestricted license before one or more board representatives.
3. (3) If a determination is made by the board representatives that there has been no violation, the board representatives may recommend that the complaint or allegations be dismissed.
4. (4) If a determination is made by the board representatives that a licensee has violated the Act, board rules, or board order, the board representatives may make recommendations for resolution of the issues to be reduced to writing and processed in accordance with §187.19 of this title (relating to Resolution by Agreed Order).
5. (5) An opportunity for the licensee to show compliance shall not be required prior to a temporary suspension under §164.059 of the Act, or in accordance with the terms of an agreement between the board and a licensee.
6. (6) Any modification made by the board to any agreed order must be approved by the licensee.

7. (7) Informal Resolution of Administrative Violations.

   1. (A) Pursuant to §164.0025 of the Act, the Quality Assurance ("QA") Committee of board employees may recommend dismissal or an agreed settlement of any complaint, except a complaint that relates directly to patient care. For purposes of this section, the term "relates directly to patient care" means that there is an allegation regarding the standard of care, sexual misconduct affecting patients, or any harm to patients resulting from intemperate use of drugs or alcohol.
   2. (B) The QA Committee shall include the Executive Director or the Deputy Executive Director, the manager of the investigation division, and the manager of the legal division.

   3. (C) The QA Committee shall review all complaints that are referred by the investigation division to determine whether

      1. (i) the complaint should be accepted for legal action, and
      2. (ii) the complaint relates directly to patient care.

   4. (D) If the QA Committee determines that an offer of settlement should be made regarding a complaint that does not relate directly to patient care, the offer of settlement shall be presented to the licensee.

      1. (i) If the licensee accepts the offer of settlement, the signed proposed agreed order shall be presented to the board at a public meeting for approval.
      2. (ii) If the licensee fails to timely accept the offer of settlement, or if the licensee requests that an ISC be held, the offer shall be deemed to be rejected and an ISC shall be scheduled.

Source Note:The provisions of this §187.14 adopted to be effective January 6, 2002, 26 TexReg 10867; amended to be effective November 7, 2004, 29 TexReg 10113; amended to be effective January 25, 2006, 31 TexReg 394.