(a) This section is promulgated under Occupations Code §51.2031(b).
(b) The department will develop procedures to incorporate health-related expertise into the department's investigation and resolution of complaints.
(c) The department will seek input regarding the procedures developed under this section from each advisory board.
(d) The procedures developed under this section may include obtaining health-related expertise from one or more of the following sources:
  (1) A current or former member of the advisory board for the profession;
  (2) A department staff expert;
  (3) An outside expert with relevant education, training, or experience; or
  (4) A panel consisting of any combination of the individuals listed in paragraphs (1) - (3).
(e) Opinions or recommendations obtained under subsection (d) are not binding on the department or commission.
(f) The procedures developed under this section must include provisions to protect information that is confidential by law.
(g) Individuals assisting with reviewing or investigating complaints filed with the department are entitled to the immunity from suit provided in Occupations Code §51.252(e).

Source Note: The provisions of this §100.40 adopted to be effective November 1, 2016, 41 TexReg 8292; amended to be effective May 1, 2022, 47 TexReg 2128