Sec. 351.2036.  PROCEDURE FOR PROCESSING COMPLAINTS.  (a)  The board may delegate to board staff the authority to dismiss or enter into an agreed settlement of a complaint that does not directly relate to patient care and the investigation or disposition of which does not require expertise in optometry or therapeutic optometry.  The disposition determined by board staff must be approved by the board at a public meeting.
(b)  A complaint delegated under this section shall be referred to an informal settlement conference under Section 351.507 if:
(1)  the board staff determines that the complaint should not be dismissed or settled; or
(2)  the board staff is unable to reach an agreed settlement.
(c)  A complaint that is directly related to patient care or the investigation or disposition of which requires expertise in optometry or therapeutic optometry shall be reviewed by two board members who are optometrists or therapeutic optometrists who shall:
(1)  dismiss the complaint if both board members agree that the complaint should be dismissed; or
(2)  refer the complaint to an informal settlement conference under Section 351.507.
Added by Acts 2005, 79th Leg., Ch. 101 (H.B. 1025), Sec. 1.012, eff. September 1, 2005.