Common Reasons for the Denial of a Medical License
The Texas Medical Board (TMB) may deny a medical license to an applicant for various reasons. However, some of the most common reasons for license denial include:
- A history of certain criminal convictions
- Previous disciplinary actions by a medical board in another state
- Failure to meet all eligibility requirements or provide required documents or information
- Falsified information or documents in connection with a licensing application
The TMB has a great deal of discretion in denying medical license applications. Plus, many of the reasons cited under Texas law to justify the denial of a medical license are relatively vague, which gives the TMB more power to deny medical licensing in various situations. As a result, the TMB may have other grounds for denying an application other than the common reasons listed above.
For example, Tex. Occ. Code § 155.003(2) requires applicants to be of “good professional character,” which is certainly open to interpretation. Furthermore, applicants may be ineligible for licensing if they have committed any one of a lengthy list of offenses, both criminal and non-criminal. These offenses include:
- Conviction of or placement on deferred adjudication community supervision or deferred disposition for any felony or any misdemeanor involving moral turpitude
- Excessive use of alcohol or drugs
- A physical, mental, or medical condition that makes a person unable to practice medicine with reasonable skill and safety for patients
- Finding by a court to be of unsound mind
- Engagement in prohibited practices, such as false, misleading, or deceptive advertising, committing fraud or deception in taking or passing an examination, and committing unprofessional or dishonorable conduct likely to deceive or defraud the public
Challenging the Denial of Your Medical License
No matter the reason for the denial of your medical license, you always have the right to challenge the denial. Your medical license denial lawyer can guide you through the procedures necessary to determine whether the TMB acted wrongfully in denying your medical license.
Under 22 Tex. Admin. Code § 163.4, the TMB Executive Director reviews all applications for medical licenses or refers them to the Licensure Committee of the board for review. If the Executive Director determines that the applicant is ineligible for a medical license under specific grounds, the applicant can request a review of that decision by the Licensure Committee of the TMB. Applicants must request this review no later than 20 days after the date that they receive written notice of the denial.
Alternatively, the Executive Director, with the approval of the TMB, may recommend that you receive a medical license, but with some restrictions, or conditioned on the completion of a remedial plan. For instance, you may receive a medical license, but you may be unable to prescribe narcotics to patients. Another example of a restriction on your medical license would be a requirement that you practice only certain types of medicine. If this agreed order is unacceptable to you, you can also request a review of the recommendation by the TMB within 20 days.
If the TMB still refuses to grant you a medical license or a license without conditions or restrictions, you have the right to have the denial adjudicated by the State Office of Administrative Hearings (SOAH). These procedures are the same procedures that doctors go through if the TMB has received a complaint and is seeking to sanction them in some way for violations of the Texas Medical Practice Act or TMB Rules.
An administrative law judge (ALJ) will hear your case and determine whether you are eligible for a medical license, with or without restrictions. The ALJ will submit a proposed decision to the TMB, which then issues a final order. The TMB can accept the recommended decision of the ALJ or change it in some way. If the final order still is not in your favor, you then have the right under Texas law to appeal it to the Travis County District Court in Austin.
