After the Texas Medical Board (TMB) receives a complaint against a licensed physician or other health care provider it licenses, it reviews the complaint to determine if adequate evidence exists demonstrating a violation of the Medical Practices Act. Generally speaking, the TMB’s enforcement process follows a specific investigation and resolution process and affords licensees ample notice and due process.
However, in response to certain complaint allegations the TMB can hold a temporary suspension hearing without giving any notice to the physician. This hearing can result in the temporary suspension of a physician’s license, which will remain in effect until further action is taken.
Temporary Suspension Hearing
The Board may hold a temporary suspension hearing to determine whether a license to practice medicine should be temporarily suspended or restricted. 22 Tex. Admin. Code § 187.55. A three-member disciplinary panel will be convened to determine “whether a person’s continuation in practice constitutes a continuing threat to the public welfare.” 22 Tex. Admin. Code § 187.57(a).
If the disciplinary panel determines from the evidence presented that continuation in practice would constitute a continuing threat to the public welfare, then “the disciplinary panel shall temporarily suspect or restrict the license of that person.” 3 Tex. Occ. Code § 164.059(b).
A “continuing threat to the public welfare” is defined as a “real danger to the health of a physician’s patients or the public caused through the physician’s lack of competence, impaired status, or failure of care adequately for the physician’s patients.” 22 Tex. Admin. Code § 187.57(c). The exposure to risk of injury cannot be hypothetical, but must be based on actual actions or inactions of the physician. Also, arrests under suspicion of certain crimes can lead to temporary license suspension. 22 Tex. Admin. Code § 187.57(d).
A TMB license may be suspended or restricted without notice or hearing as long as:
- The Board immediately provides notice of the suspension or restriction to the license holder; and
- A hearing on the temporary suspension or restriction is scheduled for the earliest possible date, but after 10 days notice of hearing.
3 Tex. Occ. Code § 164.059(c). Understand that a temporary suspension or restriction proceeding is ancillary to the underlying disciplinary proceeding concerning the physician’s alleged violations of the Medical Practiced Act. The Board’s investigation and enforcement process will continue against the licensee.
Hire an Experienced Medical License Defense Attorney
License suspensions, with or without notice, are serious and can have a dramatic impact on the physician’s career. If you have been notified of a temporary suspension of your Texas medical license, BERTOLINO LLP can help.
We are experienced medical license defense attorneys and we know how to navigate the TMB’s complaint process. We are prepared to represent you at any legal hearing or proceeding regarding your professional license, including:
- The Board immediately provides notice of the suspension or restriction to the license holder; and
- Temporary Suspension Hearings
- Informal Settlement Conferences (ISC)
- Show Compliance Proceedings
- State Office of Administrative Hearings (SOAH) Proceedings
Our firm believes that immediately consulting an experienced medical license defense attorney to review allegations of misconduct helps ensure the most favorable outcome in your case. Our results speak for themselves.
BERTOLINO LLP represents licensed professionals across the entire State of Texas. If you are facing disciplinary action from a professional licensing board, contact us today or call (512) 887-7305 and schedule a case evaluation.
Call or text (512) 476-5757 or complete a Case Evaluation form
