The Texas Medical Board (TMB) handles complaints made against medical professionals licensed by the TMB, including doctors, physician assistants, acupuncturists, and surgical assistants. The TMB has a procedural enforcement process to review, investigate, and address all complaints. Either before or after an Informal Settlement Conference is conducted, the TMB may offer a Remedial Plan to the licensee. A Remedial Plan is a corrective action, but considered non-disciplinary.
Overview of the Remedial Plan
A Remedial Plan is offered in cases of minor administrative violations. For example, a Remedial Plan may be offered to a licensee who fails to complete mandatory continuing medical education (CME) credits, or is found to have violated the TMB rules on maintaining or releasing medical records.
According to Texas law, a Remedial Plan my not contain a provision that: "(A) revokes, suspends, limits, or restricts a person's license or other authorization to practice medicine; or (B) assesses an administrative penalty against a person." 9 Tex. Admin. Code §187.9.
A Remedial Plan cannot be used to resolve a complaint that involves a patient's death, commission of a felony, or a "matter in which the physician engaged in inappropriate sexual behavior or contact with a patient or became financially involved with a patient in an inappropriate manner[.]" Id.
Is a Remedial Plan Really a Non-Disciplinary Order?
The Remedial Plan allows licensees to avoid formal disciplinary action by the TMB; however, Remedial Plans are public documents.
A Remedial Plan will not be reported in the TMB's newsletter or in a press release. It will not be reported to the National Practitioner Date Bank. However, a Remedial Plan will appear on a physicians' public TMB profile.
While the TMB considers Remedial Plans non-disciplinary, will future employers, credentialing boards, or insurance companies consider a Remedial Plan non-disciplinary? Will prospective patients who find a Remedial Plan on a doctor's public profile know or care that the TMB considers the plan non-disciplinary?
If the TMB has offered you a Remedial Plan, it is crucial that you seek legal counsel before you accept or reject it. The experienced Texas medical license defense attorneys of BERTOLINO LLP can help you determine whether accepting a Remedial Plan is in your best interest based on the specific allegations made against you.
If you are facing disciplinary action from the Texas Medical Board or have been offered a Remedial Plan, contact us today or call (512) 717-5432 and schedule a case evaluation.
BERTOLINO LLP proudly represents licensed professionals across the entire State of Texas. To best serve our clients we have offices in Austin, Houston, and San Antonio.