The Texas Medical Board (TMB) is the state agency that licenses and regulates physicians and various other medical professionals. All complaints against physicians and the other medical professionals go to the TMB for investigation, the filing of formal disciplinary charges when warranted, and resolution of any disciplinary proceedings. As the outcome of disciplinary proceedings can be severe, you should not hesitate to contact an experienced medical license defense lawyer for assistance if you are facing this situation.
The TMB regularly publishes information about disciplinary proceedings concerning doctors and other medical professionals so that the public have knowledge of those proceedings. Here is a summary of some recent disciplinary actions before the TMB.
TMB License No. H2313
The TMB temporarily suspended the license of a Lubbock physician without notice on December 6, 2023, after determining that continuing to allow him to practice medicine posed a continuing threat to the public welfare. This suspension stemmed from the physician’s November arrest for indecent assault, a Class A misdemeanor, in Lubbock County. Subsequently, on January 30, 2024, the TMB temporarily restricted the physician’s license due to this arrest. Specifically, the TMB order prevented him from seeing, examining, treating, prescribing to, providing consultation for, or otherwise practicing medicine on female patients, including telemedicine.
On February 9, 2024, the TMB again temporarily suspended the physician’s license without notice, again determining that his continuation of practicing medicine in an unrestricted manner posed a continuing threat to the public welfare. The TMB found that between December 7, 2023, and January 29, 2024, while the physician’s license was previously suspended by temporary order of the TMB, he wrote over 60 prescriptions for controlled substances, all in violation of his suspension order. The physician wrote most of these prescriptions for Schedule II narcotics for female patients. Furthermore, between January 30, 2024, and February 2, 2024, the physician continued to prescribe controlled substances to female patients in violation of his restricted license order.
TMB License No. K1248
Following a hearing with notice, the TMB placed restrictions on the license of a Houston physician after finding that continuing to allow him to practice medicine in an unrestricted manner would pose a continuing threat to public welfare. The TMB made this finding because the physician had nontherapeutically prescribed high volumes of controlled substances to 15 patients suffering from chronic pain. As a result, the TMB placed the following restrictions on the physician’s license:
- Shall not possess, administer, distribute, or prescribe controlled substances in Texas;
- Shall not use his Texas license in any jurisdiction to diagnose, treat, or prescribe dangerous drugs or controlled substances in Texas for chronic or post-surgical, post-procedure, persistent non-chronic pain as defined in TMB rules or engage in the practice of pain management in Texas; and
- Shall not be permitted to supervise or delegate prescriptive authority to a physician assistant or advanced practice nurse or supervise a surgical assistant.
TMB License No. N1322
The TMB temporarily restricted the license of a Frisco physician without notice after determining that his continued unrestricted medical practice would pose a continuing threat to the public welfare. The physician failed to properly supervise an unlicensed individual in performing intravenous (IV) treatments, including administering prescriptions, resulting in complications that staff were not trained or prepare to handle, resulting in the individual’s death.
The restrictions prevent the physician from practicing anesthesiology and from supervision and delegation in all circumstances. The physician may not supervise or delegate prescriptive authority to a physician assistant, advanced practice nurse, surgical assistant, or anyone no matter if they are licensed or not. The physician may not delegate any medical acts to anyone under any circumstances.
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TMB License No. BP10077177
On December 8, 2023, the TMB entered an Agreed Order with an El Paso physician, giving him a public reprimand. The TMB found that the physician had forged signatures on multiple prescriptions to avoid paying parking tickets resigned from his residency program instead of being terminated. The Agreed Order contains the following provisions:
- Within one year and three attempts pass the Medical Jurisprudence Exam;
- Within 30 days obtain a treating psychiatrist and follow all recommendations made for care and treatment;
- Within one year complete at least 12 hours of CME in ethics;
- Within one year pay an administrative penalty of $2,000; and
- Shall not be permitted to supervise or delegate prescriptive authority to a physician assistant or advanced practice nurse or supervise a surgical assistant.
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TMB License No. H9606
After a contested complaint before the State Office of Administrative Hearings, the TMB and a Houston physician reached a Mediated Agreed Order that revoked the physician’s license, but stayed the revocation and placed the physician on probation under the following specific terms:
- Within 30 days obtain a pre-approved board-certified physician to serve as her work-site monitor;
- Shall not treat or otherwise serve as a physician for her immediate family, employees or close friends and shall not prescribe, dispense, administer, or authorize controlled substances or dangerous drugs with addictive potential to herself, immediate family, employees, or close friends;
- Within one year and three attempts pass the Medical Jurisprudence Exam; within one year complete the TMB Remedial Coaching Program at the University of Texas at Dallas School of Management;
- Have her practice monitored by another physician for 12 consecutive monitoring cycles;
- Within one year complete at least 32 hours of CME, divided as follows: eight hours in communications, eight hours in ethics, eight hours in HIPAA and eight hours in boundaries;
- Within 90 days pay an administrative penalty of $5,000; and
- Shall not be permitted to supervise or delegate prescriptive authority to physician assistants and advanced practice nurses or supervise surgical assistants.
The TMB reached this mediated agreement after finding that the physician had improperly diagnosed and treated a patient, who was an employee of the physician, for unspecified bipolar disorder without a proper history, examination, or laboratory testing. The physician also did not properly utilize standard criteria to support the diagnosis.
Contact Bertolino LLP Today for Legal Assistance
Do not hesitate to get legal assistance if you are facing potential disciplinary action against your medical license. Retaining the services of legal counsel from the beginning of any disciplinary proceedings before the TMB can be crucial to a more positive resolution of your case. Contact a Texas medical license defense attorney immediately for help with your disciplinary proceedings today.
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