Current through Reg. 49, No. 38; September 20, 2024
(a) Medical
records. Medical records of patients shall be accompanied by an affidavit in
the form approved and furnished by the board that contains the requisite
elements to comply with the Texas Rules of Evidence, 902(10)(b), relating to
form of affidavits.
(b) Peer review
proceedings.
(1) Pursuant to Section 164.0071
of the Act, a record, report, or other information that has been submitted to
the board in accordance with Chapter 160 of the Act by a medical peer review
committee, professional review body or any health care entity may be disclosed
by Board Staff and shall be admitted into evidence as the basis for the opinion
of an expert witness called by the board. The authorization to disclose such
records in a disciplinary hearing, provided in Section 160.006(a)(1) and
Section 164.0071 of the Act, creates a statutory exception to the hearsay rule,
as stated in Article VIII, Texas Rules of Evidence.
(2) In accordance with § 160.009 of the
Act, parties and witnesses can be required to produce documents and
information. As provided in § 160.0071(c) of the Act, however, a member of
a peer review committee is not subject to subpoena and may not be compelled to
provide evidence in a hearing or a deposition regarding medical peer review
proceedings otherwise privileged pursuant to § 160.007 of the
Act.
(c) Deferred
adjudications. In accordance with § 2001.081 of the APA and consistent
with §§ 164.053(a)(1) and 164.053(b) of the Act, deferred
adjudications are admissible as evidence that the respondent violated the law
with which the respondent was charged and pled to, which gave rise to the
deferred adjudication.
(d)
Documents. Subject to these requirements, if a hearing will be expedited and
the interests of the parties will not be substantially prejudiced, any part of
the evidence may be received in written form.
(1) Copies. Documentary evidence may be
received in the form of copies or excerpts. On request, parties shall be given
an opportunity to compare the copy with the original.
(2) Statement of Standard of Care. In lieu of
pre-filed testimony in contested proceedings in which the quality or standard
of medical care is at issue, the ALJ may require the parties to file a
Statement of Standard of Care for each expert witness who will testify in the
party's case-in-chief. The Statement shall set forth the expert's opinion
regarding:
(A) any standard of care that
applies to the current case, and
(B) how the standard of care applies and/or
was violated in the current case. The expert witness shall be subject to direct
and cross-examination and the statement shall be admissible into
evidence.
