The Texas Medical Board (TMB) recently adopted amendments to the rules for physician licensure in Texas.
Updates to Procedural Rules on Physician Licensure
A number of the amendments deal with the procedural rules after the TMB receives a complaint against a Texas doctor.
The title of section §187.18 is changed to "ISC Scheduling, Process, and Procedures." This section was formerly entitled "Informal Show Compliance Proceeding and Settlement Conference Based on Personal Appearance."
In §187.76(c)(3) the term "informal meeting" is replaced with "ISC," which is an informal show compliance proceeding and settlement conference and defined as, "A board proceeding that provides a licensee the opportunity to demonstrate compliance with all requirements of the Act and board rules and an opportunity to enter into an agreed settlement." 22 Tex. Admin. Code §187.2(20).
The amendment to §187.79, concerning Personal Appearance at an Informal Meeting, changes the title to "Personal Appearance at an ISC," because "Informal Meeting" is not a defined term, whereas "ISC" is a defined term and is the correct reference within the rule. Similarly, the amendment to §187.80(c), concerning Imposition of Administrative Penalty, removes the undefined term "informal meeting" and replaces it with "ISC."
Updates to Compliance Program Rules
The amendment to the section addressing the Process for Approval of Physicians, Other Professionals, Group Practices and Institutional Settings, eliminates the words "or remedial plan" from the provision describing the mechanism under which the Board may require a license to practice with an approved physician or other professional to serve as a proctor, monitor, or supervisor or in an approved group practice or institutional setting. 22 Tex. Admin. Code §189.11. The reason for the amendment is because §164.0015(b) of the Texas Occupations Code states that Remedial Plans may not contain provisions that limit or restrict a person's license to practice medicine.
Updates to Call Coverage Minimum Requirements
The amendments to the rules concerning call coverage requirements seek to "provide a more flexible framework for call coverage agreements between physicians practicing in Texas so as to provide continuity of care to patients during a regular treating physician's absence, while ensuring the covering physician's accountability for meeting the standard of care and documenting the care provided during the call coverage period."
Specifically, the armaments are to §177.18(E), concerning Purpose and Scope, and §177.20, concerning Call Coverage Minimum Requirements, and repeal of §177.19, concerning Definitions.
The previous two-model approach of §177.20(b) is eliminated. Under the new rules call coverage agreements may be contracted orally or in writing. The previous requirement that certain agreements require real-time access to a patient's medical records at the time of the call coverage period is eliminated.
Defending Your Texas Medical License
If you are facing a licensing issue or someone has filed a complaint against you with the Texas Medical Board, you need an experienced medical license defense attorney. Even a single complaint filed with the Board can jeopardize your medical career, livelihood, and your professional reputation.
You have the right to defend yourself and the right to representation during the entire complaint process. Our attorneys know how to represent Texas doctors at every stage of the complaint process, from the initial investigation and any settlement negotiations through subsequent hearings that may follow.
Our law firm helps professionals, like you, keep their licenses when those licenses are under attack by a state agency or board.
If you have received a licensing complaint, BERTOLINO LLP can help. We represent licensed professionals across the entire State of Texas. 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.