The Texas Medical Board (TMB) must report certain information regarding disciplinary actions it takes against its licensees. Generally speaking, TMB disciplinary actions are made public and disciplinary information is published on the licensee's TMB public profile, published in the TMB Bulletin, and is listed in TMB news releases.
Further, the TMB is mandated to report to the National Practitioner Data Bank all required disciplinary actions, which include, but are not limited to, license suspension, revocation, and public reprimand.
The mandatory reporting requirements make disciplinary action against your medical license accessible by the public. Future patients, prospective employers, or anyone else is able to see license suspensions, sanctions, or other disciplinary action the TMB orders against you.
However, the TMB has different rules regarding how it releases information regarding "minimal statutory violations."
How the Texas Medical Board Reports "Minimal Statutory Violations"
TMB disciplinary action for "minimal statutory violations" are not listed in the TMB press releases or the TMB newsletter by the physicians' name (though the number of such violations is listed in the newsletter). Disciplinary action for such violations will however appear on the licensee's TMB public profile.
What Are Minimal Statutory Violations?
"Minimal statutory violations" are violations that do not involve standard of care issues. The Board has the authority to enter into Agreed Orders for minimal statutory violations without an informal settlement conference. Minimal statutory violations can include the following:
- Failing to release medical records in a timely manner. The TMB Rule requires a physician to provide properly requested records within 15 business days.
- Failure to obtain the required Continuing Medical Education credits for license renewal.
- Failure to timely sign a death certificate.
- Inappropriate advertising, which includes advertising that is misleading or contains testimonials.
It is not uncommon that minimal statutory violations are resolved with an administrative penalty. In such cases, it is necessary for the physician to agree to sign a Board order without appearing for an informal settlement conference. However, we urge any TMB licensee to consult with an experienced medical license defense attorney before accepting any administrative penalty or Agreed Order offered by the TMB.
How to Handle A Texas Medical Board Complaint
If you have been notified by the TMB of a complaint against you, it is critical that you seek the help of an experienced medical license defense attorney. Understand that if someone files a complaint against you, even for a minimal statutory violation, your good name is in jeopardy.
You spent years earning your professional license, you need someone who can protect your rights and put forward the best defense possible. 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 medical license.
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.