The Texas Medical Board (TMB) licenses and regulates physicians and other medical professionals. As part of its regulatory duties, the TMB receives complaints about these medical professionals and investigates those complaints against them. The TMB also brings formal disciplinary action against those professionals if there is evidence that they have violated the rules or laws that govern their professions. Obtaining experienced legal counsel to represent your interests in disciplinary proceedings before the TMB can be a significant step in reaching a positive outcome in your case. Therefore, if you are facing disciplinary investigations, complaints, or formal proceedings before the Board, you should consult a medical license defense attorney for help.
Licenses and Certifications Issued by the TMB
Aside from medical licenses for physicians, the TMB also licenses and regulates other medical professionals. These professionals include the following:
- Medical Radiological Technologists (General and Limited)
- Non-Certified Radiologist Technicians
- Surgical Assistants
- Medical Physicists
- Perfusionists
- Respiratory Care Practitioners
- Acupuncturists
- Acudetox Specialists
Just as the TMB regulates physicians, it regulates these other medical professionals for compliance with the laws and rules that govern their professions. As a result, the TMB receives and processes all complaints within 45 days of their receipt. The agency will then determine whether disciplinary action is warranted and initiate formal action as needed.
Disciplinary Authority of the TMB
Under Tex. Occ. Code § 164.001, the TMB the legal authority to take disciplinary action against any license holder under its jurisdiction who has violated a law or rule that governs their profession. Potential sanctions that may result from disciplinary action can include suspending or revoking a license, placing a person whose license is suspended on probation, or reprimanding a license holder. Furthermore, for certain types of actions, the following sanctions are permissible:
- Denial of a license or certification application;
- Administration of a public reprimand;
- Placement of limitations or restrictions on the person’s license or certificate, including:
- Limitations on the practice of the person to or the exclusion of one or more specified activities; or
- Stipulations requiring periodic TMB review;
- Revocation of the person’s license or certification;
- Mandatory submission to the care, counseling, or treatment of a health care practitioner designated by the TMB as a condition for:
- the issuance or renewal of a license or certificate; or
- continued practice under a license or certificate;
- Required participation in an educational or counseling program prescribed by the TMB;
- Supervised practice under the direction of a health care practitioner designated by the TMB for a specified period;
- Mandatory performance of public service considered appropriate by the TMB; or
- Assessment of an administrative penalty against the person.
Nonetheless, if a license holder’s actions are so severe that the TMB determines that their continued practice would pose a continuing threat to the public welfare, the TMB shall revoke, suspend, or deny the individual’s license.
Disciplinary Proceedings Before the TMB
The TMB’s disciplinary proceedings operate in much the same manner for all medical professionals. However, separate sets of rules and laws govern each type of medical professional. Therefore, whether a medical professional has committed a violation that justifies the commencement of formal disciplinary proceedings depends on whether the professional has violated a rule or law that applies to their profession.
When the TMB receives a complaint, an investigator will conduct a preliminary investigation to ensure that the complaint concerns a medical professional that the TMB regulates and whether there is evidence to support a violation of a relevant rule or law. During the preliminary investigation, TMB staff may contact the complainant and the medical professional to obtain additional information.
If there is insufficient evidence that a violation has occurred, TMB will not open a formal investigation. If there is sufficient evidence of a violation, TMB will open a formal investigation into the matter. Based on the results of that investigation, the case may be referred for dismissal, for a non-disciplinary action such as a remedial plan, or for disciplinary proceedings.
If the TMB chooses to pursue disciplinary proceedings, it typically will set up an Informal Settlement Conference or Show Compliance proceeding with the license holder to try to resolve the complaint informally. TMB staff and the license holder each present evidence to a panel, which consists of two representatives of the appropriate Board, such as the Medical, Physician Assistant, or Acupuncture Board. The license holder’s objective is to show compliance with all laws and rules that govern their profession. Ultimately, the TMB will determine whether to recommend dismissal of the case or pursue some sanction for a violation that has occurred. In the case of some minor violations, the TMB may offer a remedial plan, but for most violations, the TMB will offer an agreed order. This agreement sets forth the violation(s) that the license holder has committed, as well as the sanctions that the TMB is proposing for those violations. The license holder either can accept the agreed order or proceed to a contested disciplinary hearing.
If the license holder rejects the agreed order, the TMB refers the case to the State Office of Administrative Hearings (SOAH) for a contested administrative hearing. An administrative law judge (ALJ) assigned to the case will conduct an administrative hearing and, following the hearing, issue a proposal for decision (PFD) to the TMB. Ultimately, the TMB will determine whether to accept, modify, or reject the ALJ’s proposed decision.
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We Can Advocate for Your Interests in TMB Disciplinary Proceedings
The medical license defense lawyers of Bertolino LLP can help guide you through the disciplinary complaint process. Regardless of the allegations you face, we are here to represent your interests and work to minimize the negative effects of a complaint on your medical professional license and career. We can help resolve the case against you and maintain your licensure or certification. Call us today at (512) 980-3751 to reach the offices of Bertolino LLP or contact us online.
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