Maing Addess PO ox 201% Aust, TX THTGR-2018 Lowation Ades 333 Phone (S12) 305-7100 » Fas (NR) 8595335, ape Tower 3 Suite 610 Autn TX 7870) October 30, 2019 VIA E-MAIL: JODY MADEIRA. 211 8. INDIANA AVE BLOOMINGTON ID 47403 Re: KIM ELLIOT MCMORRIES, MD, File Nos. 20-0265 and 20-1386 Dear MS MADEIRA: This letter is to inform you that your complaint is still being investigated. On October 18, 2019, the Texas Medical Board (Board) declined to dismiss your initial complaint and voted to re-open the matter with a new investigation number, 20-1386. ‘The initial analysis of the complaint focused only on the standard of care aspect of the allegation. Texas Occupations Code Section 154.051(d), a state law passed by the Texas legislature in 201 1, states: “The board may not consider or act on a complaint involving care provided more than seven years before the date on which the complaint is received by the board.” This state law prohibits investigation of your compliant for a standard of care violation. This statutory language resulted in the initial notification of dismissal. However, the law, in Texas Administrative Code Section 161.6(b)(1)(C), also requires any recommendation regarding resolution and disposition of specific cases, such as a dismissal, to be approved, adopted, modified, or rejected after appropriate consideration by the Board. The process that led to the Board vote began immediately after the letter sent to you on September 16, 2019, notifying you of initial dismissal of your complaint. This dismissal was set for review by the Disciplinary Process Review Committee (DPRC) of the Board. The DPRC met on October 17, 2019, to review preliminary dismissals of complaints, and voted to re-open the matter. The DPRC may accept the initial dismissal or reject the initial dismissal and further investigate the complaint for violations that might apply beyond the standard of care. Other alleged violations being investigated in your complaint include unprofessional and unethical conduct. The DPRC’s determination to re-open and continue investigation of your complaint ‘was approved by the full Board during the October 18, 2019 vote. The correspondence sent to you on September 16, 2019 has brought to light the need to update and clarify some of the standard language used in dismissal notifications. We must do a better job in keeping complainants aware of all of the steps taken during an investigation. We apologize for any confusion and frustration caused by the September 16, 2019 letter and our failure to better explain the next steps of the Board’s review processes. You will receive periodic updates on the status of this investigation #20-1386.‘Thank you for taking the time to file your complaint with the Texas Medical Board. We take your complaint and all complaints seriously. Sincerely, ‘The Texas Medical Board