(a) In accordance with Section 164.201 of the Act, the board shall review the medical competency of a licensee against whom three or more expert reports under Texas Civil Practices and Remedies Code Section 74.351, have been filed in three separate lawsuits within a five-year period in the same manner as if a complaint against the licensee had been made to the board under Section 154.051.
(b) The board shall also review the medical competency of a licensee if three or more separate lawsuits and/or settlements are reported to the board based on health care liability claims within a five-year period in the same manner as if a complaint against the licensee had been made to the board under Section 154.051.

Source Note: The provisions of this §176.8 adopted to be effective January 8, 2004, 29 TexReg 97; amended to be effective September 20, 2007, 32 TexReg 6314