When you lose your Texas medical license, you immediately lose the legal right to practice medicine, which can significantly impact your career and livelihood. This process involves several steps, including investigations, hearings, and potential appeals, before any final decision is made.
Knowing your options during this time is imperative. Even if your license is revoked, depending on the circumstances, you may still be able to seek reinstatement or appeal the decision.
Working with an Texas physician license defense lawyer can help you understand these options. An attorney experienced in medical license defense can provide guidance, protect your interests, and support you in your efforts to restore your professional standing.
Who Enforces the Regulation of Medical Licenses in the State of Texas?
The Texas Medical Board (TMB) is the agency that regulates and oversees medical licenses across the state. With around 7,000 complaints filed annually by patients, family members, and other medical professionals, it’s important to consult a Texas medical license defense lawyer if you are under investigation.
The TMB has the authority and resources to thoroughly investigate any potential violations of state medical laws. Every complaint is taken seriously, and the consequences can be significant for any medical professional.
If you are facing a complaint, it’s important to seek support. Our firm provides legal representation to help you navigate these challenges and protect your career.
How the Board Determines Whether to Discipline a Physician
The disciplinary process for physicians in Texas involves several stages before the Board decides whether to impose any disciplinary action.
These stages include:
- An initial evaluation of the allegations against the physician.
- A thorough investigation of the physician’s conduct.
- An assessment of the physician’s health, particularly in cases involving mental or physical impairment.
- A review by a quality assurance panel to evaluate the physician’s actions.
- Resolution through an informal agreement between the parties or a formal decision by the Board.
- Additional compliance procedures mandated by the Board based on the outcome.
If you are a physician facing this process, it’s wise to seek guidance from a professional license defense attorney.
Steps the TMB Takes After a Medical License Is Suspended or Revoked
After the Texas Medical Board (TMB) suspends or revokes a medical license, it reports the disciplinary ruling to the National Practitioner Data Bank (NPDB) and enforces the disciplinary action as required.
Reporting Discipline to the NPDB
Once a medical license is revoked or other disciplinary measures are taken, the TMB must report the action to the NPDB. Established in 1986, the NPDB serves as a national repository of information about medical professionals across the U.S.
A report to the NPDB can prevent a practitioner from obtaining a license in another state, and it includes details on suspensions, revocations, public reprimands, and other forms of discipline.
How Licensing Boards Administer Disciplinary Actions
The TMB makes disciplinary decisions public by releasing the names involved and the type of action taken, often posting a news release on their website.
Any remedial actions that do not lead to suspension or revocation are displayed on the physician’s public profile but are not included in a news release. Physicians are required to comply with these decisions, and failure to do so can result in harsher penalties and further liability.
If you face actions from the TMB, consulting with a medical license defense lawyer can help you understand the implications for your medical practice and guide you through the legal challenges ahead.
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You Can Petition to Have Your License Reinstated
If your license has been revoked or suspended, the TMB allows physicians to sometimes apply for reinstatement. The process should be carefully evaluated to confirm eligibility to seek reinstatement because not everyone is permitted to do so.
Suspended or Revoked Licenses
When a license has been suspended or revoked, an individual may request reinstatement under Texas Occupations Code section 164.151 by submitting a written application to TMB consistent with Board requirements and showing that reinstatement is in the best interests of the public and the individual. However, under Texas Occupations Code section 164.153, people with a suspension or revocation for certain felony convictions under the Health and Safety Code connected to abuse of drugs may not seek reinstatement.
Our firm is here to provide legal representation and support to licensed professionals navigating the reinstatement process, helping you take the necessary steps to restore your career.
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Other Forms of Discipline the Board Can Administer Outside of a License Suspension or Revocation
If the Texas Medical Board identifies a violation, it may propose an agreed-upon order setting out the sanctions and terms of the discipline.
Depending on the nature of the infraction, such as professional misconduct or illicit drug use, the type of discipline can vary widely, ranging from remedial measures to more severe penalties.
The Board’s disciplinary options include:
- Restrictions on specific activities
- Additional training or continuing medical education
- Assignment of a chart or practice monitor
- Compliance appearances at medical board hearings
- Abstention from drugs and alcohol, with mandatory testing
- Participation in addiction recovery programs like Alcoholics Anonymous (AA)
- Restrictions on treating certain patients
- Administrative fines
- Issuance of a public reprimand
For healthcare providers facing allegations of misconduct, understanding these potential outcomes is important. Our Texas medical license defense lawyers are here to help you tackle every obstacle.
Should I Contact an Attorney About My Case?
Matters involving the suspension or revocation of a medical license can be complex, often requiring the guidance of experienced attorneys. Physicians facing a licensing issue should seek legal services early, ideally at the start of an evaluation or investigation related to a complaint.
Engaging legal counsel at this point can help address allegations of misconduct effectively and provide guidance on pursuing reinstatement.
With your professional reputation at stake, having knowledgeable representation is essential for protecting your career and maintaining your professional standing.
Reach Out to the Bertolino Law Firm for Help Today
Healthcare professionals should not risk their medical licenses and careers by attempting to handle legal matters alone during an investigation or disciplinary proceeding—the stakes are simply too high.
At Bertolino LLP, our experienced Texas medical license defense attorneys are well-versed in the administrative licensure processes. Contact our office today for a consultation regarding your medical license.
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