Case Study for Doctor M8869

The Texas Medical Board (TMB) issued a suspension after determining that a licensed physician’s continuation in the practice of medicine was a continuing threat to the public welfare.

Previous Disciplinary History

Doctor #M8869 primarily practices medicine in the state of Texas as an anesthesiologist and has a lengthy disciplinary history. In 2018, the TMB issued an Agreed Order requiring him to document that a chaperone was present during any examination of a female patient, complete an independent medical evaluation from a board-licensed psychiatrist, and appear before a panel of the TMB to consider the results of that evaluation. This Agreed Order followed the doctor’s arrest for indecent exposure.

The doctor ultimately pled no contest to the indecent exposure criminal charge and received deferred adjudication, including a one-year probated sentence. Later that year, following an Informal Settlement Conference at which the doctor appeared to discuss the results of his evaluation, the TMB issued a second Agreed Order that provided that the doctor would:

  • Document the presence of a chaperone when examining any female patient,
  • Receive psychiatric treatment with quarterly reports to the TMB, and
  • Fully cooperate with TMB staff

In 2021, the TMB filed an Agreed Order on Formal Filing after filing a complaint with the State Office of Administrative Hearings (SOAH). This Agreed Order was based on the doctor’s violations of the applicable standard of care and failure to follow TMB rules concerning the treatment of chronic pain with five patients. More specifically, the TMB alleged that the doctor had billed a patient for physical therapy while that patient was under the care of another physical therapist, prescribed controlled substances to two other chronic pain patients who were known drug seekers, selected treatments for two other patients that would financially benefit him most, and wrote prescriptions for patients seen by a technician when he was physically located in another city.

The 2021 Agreed Order required the doctor to:

  • Schedule a KSTAR assessment,
  • Undergo a KSTAR evaluation,
  • Implement any retraining, remedial measures, and other recommendations within one year,
  • Appear at an Informal Settlement Conference to discuss the results of the KSTAR evaluation,
  • Undergo 12 cycles of chart monitoring,
  • Take and pass the JP Exam,
  • Take and complete the PACE prescribing program,
  • Complete at least 24 hours of CME on risk management, ethics, and medical recordkeeping, and
  • Pay a $5,000 administrative penalty

Temporary Immediate Suspension without Notice

TMB made various findings related to his immediate temporary suspension without notice of hearing. These findings included the following:

  • The doctor has a pattern of violating the applicable standard of care and Board rules in treating chronic pain patients.
  • The doctor has a pattern of refusing to communicate and otherwise cooperate with Board Staff, including failing to appear at a recent Informal Settlement Conference.
  • The doctor stated during a profane phone call with his compliance officer that he did not intend to comply with the 2021 Agreed Order, including completing the KSTAR evaluation, undergoing chart monitoring, taking the JP exam, completing the required CME, or paying the administrative penalty.
  • The doctor has refused to complete forms or speak with his compliance officer following his last phone call.

As a result of these findings, a panel of the TMB found that the doctor was:

  • Nontherapeutically prescribing controlled substances to patients,
  • Refusing to cooperate with TMB staff, and
  • Violating prior TMB orders

When combined with his disciplinary history and failure to appear at an Informal Settlement Conference, these rules and legal violations were sufficient to justify the immediate temporary suspension of the doctor’s medical license.

A hearing on the temporary suspension of the doctor’s medical license without notice of hearing will be scheduled as soon as practicable unless waived by the doctor. The Order of Temporary Suspension was to remain in effect until a hearing occurs and a panel of the TMB enters an order that supersedes it.

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