(a) The Texas Medical Board will review complaints and perform investigations regarding abortions using the Board's standard complaint process.
(b) If a complaint is determined to be jurisdictional to the Board, the Board will use independent expert physicians, as provided in §154.0561 of the Texas Occupations Code, to review the available information, including the patient's medical record.
(c) As done in other complaints, the independent expert physicians may review all relevant information including one or more of the following:
  (1) how the decision was made to proceed with an abortion based on reasonable medical judgement including:
    (A) what diagnostic imaging, test results, medical literature, second opinions, and/or medical ethics committees that were used or consulted; and
    (B) what alternative treatments were attempted and failed or were ruled out; and
  (2) whether there was adequate time to transfer the patient to a facility or physician with a higher level of care or expertise to avoid performing an abortion.
(d) Any decision by the Board, to either dismiss the complaint or discipline the physician who is the subject of a complaint, is separate and independent of any other possible criminal or civil action under the law. If the Board is aware the licensee is subject to a pending criminal or civil action, then the Board may defer or delay action. Depending on the outcome of criminal or civil action, the Board retains authority to investigate and potentially take disciplinary action.
(e) The Board shall not take any disciplinary action against a physician who exercised reasonable medical judgment in providing medical treatment to a pregnant woman as described by §74.552 of the Texas Civil Practice and Remedies Code.

Source Note: The provisions of this §165.9 adopted to be effective July 17, 2024, 49 TexReg 5142