At its June meeting the Texas Medical Board (TMB) disciplined 80 licensed physicians. This volume of disciplinary action represents a significant increase from its March meeting when the TMB disciplined 52 physicians.
In its press release the TMB shared that the June disciplinary actions included:
- 5 license revocations,
- 1 license suspension,
- 15 voluntary surrenders/revocations
- 10 Orders related to quality of care violations,
- 8 Orders related to unprofessional conduct,
- 5 Orders relating to improper prescribing,
- 3 Orders related to nontherapeutic prescribing,
- 3 Orders related to violations of Board rule,
- 8 Orders related to violation of prior Board Order,
- 5 Orders related inadequate medical records,
- 2 Orders related to impairment,
- 2 Orders related to Texas Physician Health Program violation,
- Disciplinary orders for other violations and improper conduct.
Disciplinary Action: License Revocation The 5 license revocations related to:
- Failure to supervise midlevels and nontherapeutic prescribing.
- Unprofessional conduct.
- Criminal conviction and a 60 month federal prison sentence related to health care fraud.
- Criminal conviction and a 63 month federal prison sentence related to health care fraud.
- Non therapeutic prescribing controlled substances and failure to meet the standard of care for the treatment of chronic pain with respect to one patient and engaging in sexually inappropriate behavior by inappropriately touching the patient during at least one office visit.
There were also 15 voluntary surrenders in lieu of further disciplinary proceedings. Disciplinary Action: Quality of Care Violations One of the most prevalent reasons the TMB takes disciplinary action against a licensee is for quality of care violations. Here are just a few reasons for which the Board handed down disciplinary actions related to quality of care violations in June:
- The Board found Dr. George Yerby Alsop, Jr. failed to properly assess and treat a patient for acute coronary syndrome through the improper use of myocardial biomarkers.
- The Board found Dr. David Todd Dunn continued to prescribe controlled substances that included opioids and benzodiazepines after the family of one patient reported that the patient had experienced a drug overdose.
- The Board found Dr. John Brian Hirsch failed to follow up and communicate with a patient experiencing pain after a procedure and failed to provide reasonable notice before terminating the patient.
Board Orders related to quality of care violations often include a mandate to have one’s medical practice monitored by another physician for a prescribed number of months, additional training and CME, administrative penalties, and other remedial measures.
It is important for TMB licensees to recognize that complaints regarding quality of care violations are especially serious. A TMB complaint investigation that involves alleged violations of the standard of care require evidentiary review by at least two members of the TMB Expert Panel who are board-certified in the same or similar medical specialty as the licensee under investigation. If the Expert Panel finds the stand of care was not met, the complaint is forwarded to the Litigation Section for further action. Resolving Complaints Filed with the TMB The majority of TMB complaints that result in disciplinary action are resolved by an Agreed Order, entered into by the Board and the licensee being disciplined, which sets out the sanctions and disciplinary action against the licensee. Hire an Experienced Medical License Defense Attorney 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, including:
- Temporary Suspension Hearings
- Informal Settlement Conferences (ISC)
- Show Compliance Proceedings
- State Office of Administrative Hearings (SOAH) Proceedings
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) 717-5432 and schedule a case evaluation.