Under Texas law, the Texas Medical Board (TMB) is granted disciplinary authority over its licensees. When a complaint is filed against a Texas physician, or any medical practitioner licensed by the TMB, their license is put in jeopardy. The TMB receives over 7,000 complaints every year and it reviews every one of them to determine if adequate evidence exists demonstrating a violation of the Medical Practices Act.
If you are notified of a complaint filed against you with the TMB, even if you feel the complaint is baseless, it is critical that you take it seriously from the start and face the allegations head on.
Disciplinary Authority of the Texas Medical Board
Generally, the TMB has three methods of discipline. It has the power to: revoke or suspend a license, place on probation a person whose license is suspended, or reprimand a license holder. Tex Occ. Code §164.001(a).
The Board has a legal duty to "ensure that the severity of the sanction imposed is appropriate to the type of violation or conduct that is the basis for disciplinary action." Tex Occ. Code §164.001(f). Further, when determining the appropriate disciplinary action, the Board has a duty to consider whether the person is being disciplined for multiple violations of Texas law or Board rules and if the person has previously faced disciplinary action by the Board. Tex Occ. Code §164.001(g).
In instances, where a TMB licensee is facing disciplinary action by the TMB for multiple violations, the Board is required to consider taking "a more severe disciplinary action," including revoking the person's license, than if the licensee was under investigation for a single violation. Tex Occ. Code §164.001(h)(1). If a licensee has repeatedly been the subject of disciplinary action by the Board, the Board "shall consider revoking the person's license[.]" Tex Occ. Code §164.001(h)(2).
Complaints may be filed with the TMB by patients, colleagues, law enforcement, another regulatory body, or other sources. Any complaint filed against you could put your career in jeopardy―even if you feel the complaint is baseless, even if there were extenuating circumstances leading up to the complaint. It is critical that you seek the help of an experienced medical license defense attorney as soon as you are notified by the TMB of a complaint against you.
Hire an Experienced Medical License Defense Attorney
If you have been notified of a complaint filed against you with the Texas Medical Board, BERTOLINO LLP can help. We are experienced medical license defense attorneys and we know how to navigate the TMB's complaint process. We are prepared to represent you at any legal hearing or proceeding regarding your professional license, including:
- Temporary Suspension Hearings
- Informal Settlement Conferences (ISC)
- Show Compliance Proceedings
- State Office of Administrative Hearings (SOAH) Proceedings
Our firm believes that immediately consulting an experienced medical license defense attorney to review allegations of misconduct helps ensure the most favorable outcome in your case. Our results speak for themselves.
BERTOLINO LLP represents licensed professionals across the entire State of Texas. If you are facing disciplinary action from a professional licensing board, contact us today or call (512) 717-5432 and schedule a case evaluation.