At its March meeting, the Texas Medical Board (TMB) disciplined 52 licensed physicians. This volume of disciplinary action represents a sharp increase from the end of last year, where the TMB disciplined 31 physicians at the December 2017 meeting.
According to the TMB’s press release, the March disciplinary actions included:
- 3 license revocations,
- 8 Orders related to quality of care violations,
- 7 Orders related to unprofessional conduct,
- 4 Orders related to violations of Board rule,
- 4 Orders related to impairment,
- 4 Orders related to inadequate medical records,
- Issued 2 cease and desists orders,
- Disciplinary orders for other violations and improper conduct.
Disciplinary Action: License Revocation
The three license revocations related to criminal convictions for health care fraud or ancillary crimes related to health care fraud. There were also several voluntary surrenders in lieu of further disciplinary proceedings.
Disciplinary Action: Quality of Care Violations
One of the most prevalent reasons the TMB takes disciplinary action against a licensee is for quality of care violations.
The Board found Dr. Hernandez violated the standard of care by failing to timely perform a Cesarean section after multiple nurses notified him of fetal distress. The Board entered into an Agreed Order with Dr. Hernandez requiring him to complete 16 hours of Continuing Medical Education, including 8 hours in-person on high risk obstetrical patients, 4 hours in communicating with patients and staff, and 4 hours in risk management.
The Board found Dr. Odulaja violated the standard of care and Board rules that govern the treatment of pain for 15 patients and failed to maintain adequate medical records. The Board entered into an Agreed Order with Dr. Odulaja requiring him to surrender his DEA controlled substances registration certificate and strips him of his ability to delegate prescriptive authority to a physician assistant or other provider.
Complaints regarding quality of care violations are especially serious. When a TMB complaint investigation involves potential violations of the standard of care, the allegations and evidence is reviewed by at least two members of the TMB Expert Panel who are board-certified in the same or similar medical specialty as the licensee. When the Expert Panel finds the stand of care was not met, then the complaint is forwarded to the Litigation Section for further action.
Resolving Complaints Filed with the TMB
The majority of TMB complaints that result in disciplinary action are resolved by an Agreed Order, entered into by the Board and the doctor (license holder) being disciplined, which sets out the sanctions and disciplinary action against the licensee.
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Hire an Experienced Medical License Defense Attorney
If you have been notified of a complaint filed against you with the Texas Medical Board, 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:
- 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) 476-5757 and schedule a case evaluation.