(a) Once a complaint has been received by the board, agency staff shall conduct a preliminary investigation of the complaint within 45 days. If the complaint alleges a violation of the standard of care, the staff member conducting the preliminary investigation of the complaint shall be a licensed health care provider in Texas.
(b) As part of the preliminary investigation of each complaint, the following minimum additional evidence will be gathered:
  (1) The history of the subject licensee collected and maintained by the board; and
  (2) The history of the subject licensee maintained by the National Practitioner's Data Bank.
(c) During this preliminary investigation, the agency staff may make reasonable efforts to contact the complainant concerning the complaint. Any additional information received from the complainant will be added to the information maintained on the complaint.
(d) During this preliminary investigation, the subject licensee may be given the opportunity to respond to the allegations. If the subject licensee is given this opportunity, the response must be received within the time prescribed by agency staff. Any additional information received from the subject licensee will be added to the information maintained on the complaint.
(e) At the conclusion of the preliminary investigation, agency staff shall determine whether a complaint is jurisdictional and whether there is probable cause to justify further investigation.
(f) If a complaint is determined to be non jurisdictional, the complaint may be referred to another government agency for investigation.
(g) If a complaint is determined to be non jurisdictional, the complainant will be notified of this decision.

Source Note: The provisions of this §178.5 adopted to be effective November 30, 2003, 28 TexReg 10489; amended to be effective January 25, 2006, 31 TexReg 390; amended to be effective December 4, 2011, 36 TexReg 8031