A physician or other licensee of the Texas Medical Board (TMB) may be offered a Remedial Plan or an Agreed Order during the course of the TMB's enforcement process. The case against a TMB licensee for allegations of rule violations or other malfeasance would be resolved by acceptance of a Remedial Plan or Agreed Order offered by the Board.
The majority of TMB complaint investigations are resolved by case dismissal or adoption of a Remedial Plan or Agreed Order. If the licensee rejects the proposed agreement or fails to timely accept it, then Board staff may proceed with filing a Complaint at the State Office of Administrative Hearings (SOAH). 22 Tex. Admin. Code §187.19(c).
Facts to Know About Agreed Orders
An Agreed Order sets out sanctions against the licensee. It is considered disciplinary action and will remain on the doctor's record permanently and report on the TMB's website and the National Practitioner Data Bank.
Agreed Orders may include the following disciplinary actions:
- Restricting the licensee from performing certain procedures or practices.
- Requiring additional training or medical education.
- Requiring a medical practice monitor or chart monitor.
- Requiring compliance appearances before member of the Board.
- Requiring participation in rehabilitation or behavioral health programs.
- Requiring drug testing and/or abstention from drugs and alcohol.
- Referral to the Texas Physician Health Program.
- Assessment of an administrative penalty.
- Issuance of a public reprimand.
Agreed Orders may include the aforementioned sanctions as well as other disciplinary actions as the TMB deems fit.
If you enter into an Agreed Order and fail to fulfill your responsibilities under it, then the Board may open a noncompliance investigation and you may be subject to additional discipline, including possible revocation of your Texas medical license.
Facts to Know About Remedial Plans
A Remedial Plan may be offered to resolve certain types of minor violations. A Remedial Plan is corrective action, but is considered non-disciplinary. These are limited in scope and allow a licensee to avoid formal disciplinary action from the TMB.
Remedial plans are reported on a physicians' public TMB profile; however, they do not report on the National Practitioner Data Bank and are not reported in the TMB's newsletter or in a press release.
A Remedial Plan may not contain a provision that revokes, suspends, limits, or restricts a person's license or assesses an administrative penalty against the licensee. 22 Tex. Admin. Code §187.9(f)(1). Further, a Remedial Plan cannot be used to resolve a complaint that involves a patient's death, commission of a felony, a matter where a physician engaged in inappropriate sexual behavior with a patient or became financially involved with a patient in an inappropriate manner, or when the "appropriate resolution may involve a restriction on the manner in which a license holder practices medicine." 22 Tex. Admin. Code §187.9(f)(2)(A)–(B).
Facts to Know About Agreed Orders & Remedial Plans Against Texas Doctors
Agreed Orders impose disciplinary action against a licensee. Remedial Plans are non-disciplinary and typically used to address minor administrative violations.
Even after Board offer and licensee acceptance of an Agreed Order or a Remedial Plan, the agreement must still be submitted to the Board for approval. 22 Tex. Admin. Code §187.20(a). The Board may affirm the agreement by a majority vote of the present members, may approve the agreement with specified modifications, or may reject the agreement and determine the appropriate further action, such as filing a Complaint with SOAH. 22 Tex. Admin. Code §187.20(b)(1)–(3).
If you are a TMB licensee and have been offered an Agreed Order or a Remedial Plan, you have the right to accept or reject the terms of the proposed agreement. Further, your medical license defense attorney can help you negotiate more favorable terms of an Agreed Order. However, the terms of a Remedial Plan are non-negotiable.
Have A Medical License Defense Attorney By Your Side
We urge you to hire an experienced medical license defense attorney as soon as the TMB notifies you of a complaint filed against you. Your initial responses to the allegations are critical to the ultimate outcome of your case.
If the TMB has offered you an Agreed Order or Remedial Plan, we urge you to seek legal counsel before you accept or reject it. The experienced Texas medical license defense attorneys of BERTOLINO LLP can help you determine whether accepting a TMB proposed agreement is in your best interest based on the specific allegations made against you.
If you are facing disciplinary action from the Texas Medical Board or have been offered an Agreed Order or Remedial Plan, contact us today or call (512) 717-5432 and schedule a case evaluation.
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