Understand TSBEP and misconduct complaints
According to our Texas medical license defense lawyers, TSBEP conducts a preliminary review of misconduct allegations to determine the complaint meets the jurisdictional authority of the Board; examples of jurisdictional authority include a failure to meet standards of care or violations of patient confidentiality. TSBEP is not required to notify you of a preliminary investigation. With a determination of jurisdiction, a formal investigation will be opened, at which time you will receive notification of the complaint and will have 30 days to submit a response to the allegations.
If the TSBEP investigator finds probable cause of a violation, the complaint is referred to a Disciplinary Review Panel consisting of three TSBEP Board members for an informal settlement conference (ISC). At the ISC, you have an opportunity to demonstrate evidence of compliance. Following the ISC, with a determination of no cause for disciplinary action, your case may recommend dismissal. If the Panel deems it necessary, further investigation may be recommended; however, the Panel may also recommend disciplinary action.
Once the panel has made a recommendation for disciplinary action, you have the option to accept the recommendation (order). Your acceptance of the order becomes a Settlement Agreement between you and the Board. If you choose to refuse the order, the matter will proceed to a hearing before an Administrative Law Judge (ALJ) at the State Office of Administrative Hearings (SOAH). However, even if the ALJ rules in your favor, the ruling is merely a Proposal for Decision (PFD), not a binding order. TSBEP retains the authority to accept, reject or modify the PFD. In the event you wish to appeal the final TSBEP decision, your only recourse is an appeal to district court in Travis County.
