The Texas Medical Board (TMB) is the regulatory body for physicians, medical radiologic technologist, acupuncturists, and other health care practitioners in Texas. By statute, the Board has the authority and duty to resolve complaints filed against its licensees. It receives and reviews over 8,000 complaints a year from patients, patient family members, health care professionals, and other sources.
The Board has statutory enforcement procedures it must follow in the resolution of every case. A complaint investigation is opened only after it is determined that the TMB has jurisdiction and that adequate evidence exists to support an allegation that there has been a violation of the Medical Practices Act. As this stage the licensee Respondent is informed of the alleged violation(s) and is asked to provide additional information.
If the case is not dismissed or settled informally, then the complaint moves to the State Office of Administrative Hearings (SOAH).
How Many TMB Complaints Go to the State Office of Administrative Hearings (SOAH)?
The majority of cases that result in disciplinary actions by the TMB are resolved through the informal resolution process. This means most contested cases are settled prior to reaching SOAH.
The Boards Summary of Litigation FY 2009 - FY 2018 reports:
- 2,201 Investigations Opened
- 890 Cases Sent to the Litigation Section
- 673 Informal Settlement Conferences/Show Compliance Proceedings
- 94 Cases Filed at SOAH
Based on these figures, less than 5% of TMB investigations opened result in a formal resolution at the State Office of Administrative Hearings. Just over 10% of cases forwarded to the Litigation Section are filed with SOAH.
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. An attorney can help defend you from your initial responses to the Board's investigation. If the case progresses, your attorney can help negotiate a more favorable settlement agreement or, should it become necessary, represent you at the SOAH hearing.
Even a single complaint filed against you puts your medical license at risk. You do not want to face the Texas Medical Board alone.
The experienced medical license defense attorneys of BERTOLINO LLP can help. We know how to navigate the TMB's complaint process and we are prepared to represent you at any legal hearing or proceeding regarding your medical license.
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) 476-5757 and schedule a case evaluation.
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