COMPLAINTS REQUIRING MEDICAL EXPERTISE

(a) A complaint that requires medical expertise to review must be reviewed by one or more veterinarians designated by the board. The veterinarian reviewers shall determine whether to dismiss the complaint or refer it to an informal proceeding under Section 801.408. (b) If the veterinarian reviewers determine to: (1) dismiss the complaint, the dismissal must be approved by the board at a public meeting; or (2) refer the complaint to an informal proceeding, the complaint is referred to an informal proceeding under Section 801.408. (c) If the board designates more than one veterinarian reviewer and the reviewers do not agree to dismiss or refer the complaint to an informal proceeding, the complaint is referred to an informal proceeding under Section 801.408. (c-1) The board may contract with a qualified individual to assist in reviewing or investigating complaints requiring medical expertise. Except for an act involving fraud, conspiracy, or malice, an individual with whom the board contracts under this subsection is immune from liability or from disciplinary action under this chapter and may not be subject to a suit for damages for any act arising from the performance of the individual's duties in: (1) participating in an informal conference to determine the facts of a complaint; (2) offering an expert opinion or technical guidance on an alleged violation of this chapter or of a rule or order issued by the board or executive director; (3) testifying at a hearing regarding a complaint; or (4) making an evaluation, report, or recommendation regarding a complaint. (d) A veterinarian board member who reviews a complaint under this section may not deliberate or vote in any subsequent disciplinary proceeding related to the complaint.