The National Practitioner Data Bank plays an outsized role in the lives of medical professionals. When the Data Bank receives a report of an adverse action taken against a healthcare professional, that data becomes available to anyone looking to license or employ that professional. This clearinghouse of information is a central resource that is a compendium of data about adverse and disciplinary actions levied against workers in the healthcare industry. And as such, any clinic or hospital that a medical professional may apply to work with, or any board or licensing body that they apply through, will consult it to learn what is on record for that individual. So will professional societies that have a formal peer-review process, state Medicaid fraud control units, and federal and state law enforcement agencies. Among the many reasons to fear censure by the Texas Medical Board, this may be the longest-lasting, and is certainly the largest in geographic scope.
Therefore it is vital that a healthcare worker does what they can to avoid having reports on them entered into the Data Bank. This starts with avoiding violating any professional duties of care or rules put in place by the Texas Medical Board, or the Texas Board of Nursing, or any of the other boards or agencies that oversee Texas's medical professionals. When a formal complaint is made with such a board, the healthcare professional whose career is being put at risk should fight, from the get-go. And this applies equally to complaints made in error or out of spite against a medical professional. In both of these scenarios, an experienced license defense attorney is a necessary addition to their team.
When a healthcare practitioner receives notice that a report has been made to the Data Bank, they are allowed to challenge the report. This involves submitting a written statement (via the Data Bank’s website) of 4,000 characters or less that tells the practitioner’s side of the story. The statement cannot cancel out the initial report. But it will be included alongside any viewing of the report by an agency requesting the information. And this has a retroactive effect as well—as when a practitioner submits the statement, any entity that requested to view the report within the previous three years will be sent a copy of the statement.
The attorneys at BERTOLINO LLP have experienced healthcare license defense attorneys. We are prepared to represent you at any legal hearing or proceeding regarding your license and aid in drafting the statement that will accompany a Data Bank report. BERTOLINO LLP represents licensed professionals across the entire State of Texas. To best serve our clients, we have offices in Austin, Houston, and San Antonio. Our honest, experienced attorneys will fight aggressively on behalf of your license and reputation.
Contact us today or call (512) 717-5432 and schedule a case evaluation.