(a) When the board takes disciplinary action or files a formal complaint at the State Office of Administrative Proceedings pursuant to Section 164.005 of the Act against a physician, such action shall be noted on the physician's profile not later than the 10th working day after the board's action occurs and shall be made available to the public.
(b) All records relating to formal complaints that have been posted on a physician's profile shall be removed if:
  (1) the complaint was dismissed more than five years before the date of the update; and
  (2) the complaint was dismissed as baseless, unfounded, or not supported by sufficient evidence that a violation occurred, or no action was taken against the physician's license as a result of the complaint.

Source Note: The provisions of this §173.4 adopted to be effective March 5, 2000, 25 TexReg 1623; amended to be effective November 30, 2003, 28 TexReg 10489; amended to be effective November 29, 2009, 34 TexReg 8533