The Texas Medical Board (TMB) regulates the practice of medicine in our state. The TMB handles complaints lodged against Texas doctors. If after following its enforcement procedures the TMB determines that a doctor violated a board rule, regulation, or the standard of care, it can take disciplinary action against Texas doctors. And it is not just major infractions that lead to disciplinary action. The TMB routinely imposes disciplinary action against doctors for what could be considered minor infractions.
Minor Infractions Can Lead to Disciplinary Action Against Doctors
In the Board rules is a section on disciplinary sanction guidelines, which are "designed to provide guidance in assessing sanctions for violations of the Medical Practice Act." 22 Tex. Admin. Code § 190.14. The disciplinary sanction guidelines suggest certain penalties based on the nature of the violation. However, the TMB is not bound to the guidelines and can seek heavier penalties than what appears in the guidelines.
In instances of multiple violations of Board rules, even "minor" violations, can raise the penalty sought to a higher level. During the course of its investigation, the TMB will look for every possible violation that may have occurred. It is not uncommon for the TMB to use broad or blanket allegations in an effort to heighten the disciplinary penalties and fees sought.
An experienced medical license defense attorney should be familiar with these sorts of blanket allegations, as they appear in the majority of complaint letters, and may be able to argue them down to narrow the allegations and achieve a lighter penalty.
Resolution of Minimal Statutory Violations
The TMB has the authority to resolve minimal statutory violations through:
- An Agreed Order, offered by the TMB and accepted by the physician, and
- An administrative penalty.
There are a number of violations that may be considered minimal. For example, minimal statutory violations include failure to provide medical records in a timely fashion, failure to store or discard records in a manner that preserves confidentiality, failure to complete required Continuing Medical Education hours, failure to sign a death certificate, or inappropriate advertising.
Medical License Defense
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.
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) 887-7305 and schedule a case evaluation.