A licensee of the Texas Medical Board (TMB) has the right to voluntarily surrender his or her medical license. The circumstances of surrender will dictate whether the license can be considered for reinstatement in the future.
Relinquishment by Licensee
Under TMB rules, a licensee may voluntarily relinquish "his or her license to practice medicine in Texas for any reason, without compulsion." 22 Tex. Admin. Code § 196.1(a)(1). A request to cancel or relinquish a license must be submitted to the Board in writing. 22 Tex. Admin. Code § 196.1(a)(2).
TMB shall accept all voluntary relinquishment requests – except when the licensee is under investigation by the Board or otherwise subject to disciplinary action. 22 Tex. Admin. Code § 196.1(b).
Surrender Associated with Disciplinary Action
Voluntary surrender of a Texas medical license is more complicated if a licensee is under investigation by the Board for violation of the Medical Practice Act, Standard of Care, Board Rule, or other malfeasance. TMB must accept voluntary surrender of medical licenses except in cases where the licensee is under investigation or subject to disciplinary action by TMB.
A licensee may surrender his or her medical license "in lieu of a hearing or further investigation of alleged violations of the Medical Practice Act," but such surrender "shall be considered surrender associated with a disciplinary action." 22 Tex. Admin. Code § 196.2(a). Voluntary surrender may put an end to further investigation or disciplinary action by TMB, but it cannot be used as a method to avoid investigation or disciplinary action altogether
In instances where a Texas medical license was surrendered in association with disciplinary action, "the Texas medical license shall not be returned to the licensee if the board's order on the merits of the disciplinary action is inconsistent with the return of that license." 22 Tex. Admin. Code § 196.2(b). Voluntary surrender in lieu of disciplinary action will not be used as a way to circumvent a Board Order that would permanently preclude license reinstatement.
When a licensee agrees to permanently surrender his or her license in lieu of further investigation or hearing, then that licensee "forfeits all rights to apply for any type of licensure with the board," including preclusion from applying for license reinstatement. 22 Tex. Admin. Code § 196.2(c).
A licensee who may be eligible to seek reinstatement of a suspended medical license, whether voluntarily surrendered or taken by Board Order, must meet certain requirements. One such requirement is that applicant for license reinstatement must demonstrate that their return to practice is in the best interest of the public. 22 Tex. Admin. Code § 196.2(b).
Consulting with a Medical License Defense Attorney
Before you choose to voluntarily surrender your Texas medical license, we urge you to consult with an experienced Medical License Defense Attorney. Before you choose to accept a Board Order calling for disciplinary action, we urge you to consult with an experienced Medical License Defense Attorney. You may have defenses available to you to save your medical license.
Talk to an experienced attorney who understands all aspects of a TMB complaint case. The lawyers at BERTOLINO LLP know how to carefully research every potential complaint. We know where to look for evidence and how to use that information to build a successful legal strategy.
If you are facing disciplinary action from the Texas Medical Board contact us today or call (800) 210-0126 and schedule a case evaluation.
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