As the healthcare system continues to be strained, states are considering giving physician assistants more autonomy. However, greater independence will likely lead to increased scrutiny from the Texas Medical Board. If you are facing a formal complaint, contacting a Texas medical license defense lawyer is critical.
What Can a Physician Assistant License Defense Attorney Do in Texas?
A physician assistant license defense attorney protects an individual’s right to work. A complaint can jeopardize the reputation and livelihood of medical professionals. A lawyer can mitigate the damaging consequences of a formal complaint.
What Regulatory Agency Oversees Medical Licensing Matters?
Like other medical professionals, the Texas Medical Board (TMB) regulates physician assistants. The TMB is put in place to safeguard the safety and well-being of the public. They maintain the accepted standard of care through educational programs, licensure, and disciplinary actions.
When a complaint is filed against a physician assistant, the Texas Medical Board must oversee the investigation and resolution. An attorney can guide the accused through the process and fight against disciplinary actions.
What Matters Can a Physician Assistant License Defense Lawyer Represent?
Physician assistants may face a wide array of licensing matters over the course of their careers. While every person has the right to represent themselves in front of the TMB, an attorney has the education, experience, and litigation skills to best protect your ability to practice medicine.
At Bertolino LLP, our law firm can represent physician assistants facing the following licensing matters:
- Formal complaints: When a complaint is filed with the Texas Medical Board, it may lead to various disciplinary actions. Depending on the violation, a physician assistant may have their license restricted, suspended, or revoked.
- Application denial: When a person applies for their physician assistant license, the TMB may deny their application for a variety of reasons. However, an applicant has the right to appeal under certain circumstances.
- Appeals process: The TMB may issue an unfavorable decision after a disciplinary hearing. Appealing their findings is a complex process and requires a knowledgeable attorney to navigate properly.
- Reinstatement matters: If the medical license of a physician assistant is suspended or revoked, the appeals process can take several months. A person’s livelihood may be significantly disrupted. During the appeals process, a skilled lawyer may be able to temporarily reinstate a physician assistant license until the final ruling.
Physician assistants may encounter several licensing matters that require sound legal advice. It is important to turn to the right licensing defense attorney.
What Actions Can Put Your Physician Assistant License at Risk?
It is the responsibility of the Texas Medical Board to ensure licensed healthcare professionals act in accordance with the state’s Medical Practice Act. Physician assistants must act ethically and uphold the accepted standard of care for their patients. Failing to adhere to the proper standards can result in disciplinary action.
The most common complaints the Texas Medical Board receives involve the following:
- Sexual misconduct
- Fraud and misrepresentation
- Aiding and abetting an unlicensed provider
- Overprescribing narcotics
- Unlawful billing
- Gross negligence or malpractice
- Criminal conviction
- Unlawful prescriptions
- Abusing alcohol or substances
- Illegal drug activity, including selling and distribution
- Using the title “doctor”
- Deceptive advertising
- Practicing medicine without supervision
- Falsifying documents
- Altering medical records
- Medication violations
- Poor documentation and record-keeping
- Patient abuse or neglect
Every complaint has a unique set of circumstances. The TMB will investigate the alleged infractions and attempt to resolve the matter as efficiently as possible. However, it should be noted that the TMB is designed to protect the public, not the licensed medical professional.
What Disciplinary Actions May Require a Physician Assistant License Defense Lawyer?
A formal complaint can have serious consequences. After an investigation, the TMB may offer one or a combination of the following solutions:
- License restriction: License restriction is a common disciplinary action. A physician assistant can still practice medicine. However, they may be prohibited from performing certain functions. For example, the physician assistant may no longer be allowed to prescribe medication.
- Required tests: If a physician assistant has a history of drug or alcohol abuse, they may be required to submit to frequent chemical testing. While alcohol is legal, the TMB may require a physician assistant to abstain from consuming alcohol.
- Participation in behavioral and rehabilitation programs: The medical board may recommend that a person enroll in various drug or behavioral rehabilitation programs in order to keep their license. For example, participation in Alcoholics Anonymous is a typical order.
- Public reprimand: A public reprimand will not affect a medical professional’s ability to perform their work. However, a public act of discipline can affect a person’s reputation and future prospects.
- Remedial Plan: Although this is not a disciplinary action, it is a public action and can be seen by insurance carriers and employers. Remedial plans can also impact contracts and employment in the future.
- Administrative penalties: Administrative penalties are fines. In many cases, a physician assistant may be ordered to pay fines in addition to other disciplinary actions.
- Additional training: Despite years of education and training, the TMB may feel a medical worker needs additional instruction to resume activities. Since a physician assistant practices under the supervision of a doctor, ordering additional training is common.
- License suspension: A physician assistant may have their license suspended until a proper investigation can be completed. Once the details of the alleged violation have been evaluated, a physician assistant may have their license reinstated or revoked.
- Revoking a license: The worst disciplinary action the Texas Medical Board can take against a physician assistant is to revoke their license to practice medicine.
Having your license revoked is career-ending. If you are facing the possibility of losing your physician assistant license, it is imperative to have an experienced lawyer fight on your behalf.
What Happens If I Am Reported for Misconduct?
The Texas Medical Board receives more than 9,000 complaints every year. Each complaint must be reviewed and evaluated for legitimacy. If there is enough evidence to support the allegation, a Texas Medical Board notice of investigation will be sent out.
After you receive a notice of investigation, the TMB will begin fact-gathering and will likely hold an Informal Settlement Conference or Show-Cause hearing. Once a ruling has been made, you have a brief opportunity to appeal the decision to maintain a clean record.
It is also important to note that whatever disciplinary action the TMB takes, the physician assistant (or TMB) must report the matter to the National Practitioner Data Bank. This is a repository of data and information regarding adverse actions taken against healthcare practitioners, including physician assistants. This is also a public database that is regularly distributed to news outlets.
Contact Our Texas Physician Assistant License Defense Lawyers Today
Licensed physician assistants invest years in their education, training, and careers. A successful defense can protect the practitioner’s profession when it is threatened by allegations of wrongdoing.
If you are facing a licensing matter, you need experienced representation. Contact us to schedule a complimentary consultation.
