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Top 7 Reasons Doctors in Texas Lose Their License

Bertolino May - 7 reasonsThere are many ways a doctor in Texas can lose his license. Some are more obvious than others, but even the obvious ones bear relearning from time to time. To that end, we’ve listed the top seven (7) reasons a Texas doctor might lose his or her license.

  1. Sexual misconduct: Doctor can lose their license for having sexual relations with a patient. Other infractions include inappropriate sexual advances or harassment of patients or staff.
  2. Substance abuse: All-too-frequently, doctors in Texas lose their licenses because of illicit drug use. The state runs the Texas Physician Health Program (TXPHP) to educate and treat physicians who suffer from substance abuse.
  3. Insurance fraud: Charging private payers different amounts from those covered by insurance is a sure way to find yourself under investigation. Another example of fraud involves changing medical records or using the wrong codes for reimbursements.
  4. Patient abuse: Often unintentional, patient abuse can arise if a doctor isn’t mindful of a patient’s physical limitations. Particularly when working with the elderly, fractures are a common result of poor patient handling. Of course, intentional patient abuse and injury is a sure fire way to have your license revoked.
  5. Prescription Violations: Texas closely tracks and compiles prescription data through the state’s Prescription Monitoring Program (PMP). Abusing your prescribing power will rapidly jeopardize your license. As one story about “doctor shopping” noted, “In general, state databases have been used effectively by law enforcement to track down so-called pill mills, where doctors indiscriminately prescribe opioid medications for cash.”
  6. Unethical or Unprofessional behavior: While all the top reasons listed here are in some way “unethical,” there are several more violations that would fall under this listing. For example, discrimination based on sex, race, or religion would constitute unethical behavior, as would misleading, fraudulent advertising or malpractice.
  7. Prior or current convictions: A doctor who has been convicted of a felony or who is being prosecuted for one doesn’t automatically lose his license. In general, the Texas Medical Board (TMB) may seek revocation of a license if the felony violates one of its licensing guidelines. For instance, if you improperly prescribed controlled substances, you could face revocation.  However, not all felony convictions lead to a license revocation.  It is best that you speak to a qualified attorney if you’re concerned about prior convictions.

Our experience Texas medical license defense attorneys are standing by to help you develop a strategic battle plan.  We can defend you against untrue or overblown allegations, help save your practice, and ensure clarity and peace of mind during this challenging time.

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Attorney Tony R. Bertolino is the Managing Partner with Bertolino LLP. Our Law Firm has been able to help people across the state of Texas through our offices in Austin, Houston and San Antonio. If you need an experienced lawyer to represent you, contact Bertolino LLP today.

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