The Texas Medical Board makes sure that doctors in the state follow the rules and provide safe, ethical medical care. Under Texas law, the Medical Board can investigate and discipline doctors who violate the Medical Practice Act or board regulations. Since 2015, patient complaints have almost doubled statewide, and Texas doctors are being brought before the Board to defend more complaints than ever before. Board complaints and investigations are serious matters that can have a huge impact on a licensee’s future medical career.
Once a licensee receives a complaint notice, they should reach out to a skilled Texas medical board defense attorney who can explain the allegations, advise them through the complaint process, and ensure their rights are defended. At Aaron L. Wiley Law, P.C., our Texas medical board defense attorneys have years of experience defending complaints filed with the TMB. If you received notice of a complaint or are facing a final contested case hearing, contact us today.
In the meantime, keep reading to learn more about the process of a Texas Medical Board investigation, please keep reading.
The Enforcement Process
Every year, the TMB receives and evaluates roughly 9,000 complaints from health care professionals, patient family members, patients, and other sources. Once a complaint is filed, analysts review it to see if the Texas Medical Board can take action. This means checking whether the person is a licensed medical professional and if the alleged conduct is covered by state medical laws. If the complaint doesn’t meet these criteria, it’s passed to another agency that can handle it.
If the Board determines it has authority over the complaint, it begins investigating to find out whether the evidence supports a claim that the Medical Practice Act was broken. Examples of common Board violations include incorrect diagnosis, inappropriate prescribing, and medical errors that may have resulted in patient injury.
The Preliminary Evaluation
During the primary review of the complaint allegations, which must be conducted within 45 days after the complaint is received, the Texas Medical Board may try to reach out to both the licensee and the complainant. The Texas Medical Board assigns complaints based on the issue: attorney-investigators handle administrative matters like record requests, while physician-investigators handle complaints related to medical care.
If the complaint’s details do not show a straightforward violation, or the licensee’s report does not show any wrongdoing, then the Texas Medical Board will close the matter without investigating. The case is documented as “Jurisdictional, not Filed” in the Board’s statistics.
The Investigation
If the Board opens an investigation, the complaint is marked as “Jurisdictional, Filed.” The doctor or healthcare professional is notified of the supposed violation and asked to share additional information. The TMB may also gather records from pharmacies, hospitals, and other organizations as needed, especially where administrative matters are concerned.
The Texas Medical Board has investigative staff working across the state. Under HIPAA, they are authorized to review a patient’s medical records without their consent.
If a complaint involves questions about medical treatment or the standard of care, the Texas Medical Board’s Expert Panel, made up of doctors who are board-certified in the same or a similar specialty as the one being investigated, reviews all relevant information, including medical records. If the report finds that the licensee behaved in a manner inconsistent with the public’s health and welfare, including failure to uphold the medical standard of care, the case will be passed on to the Litigation Section for additional action, or in some circumstances, could be dismissed via a Letter of Concern. Should the Expert Panel find that the medical standard of care was upheld, the complaint will be put forward for dismissal.
When an investigation concludes, the case could be put forward for dismissal or referred to the Board’s Disciplinary Process Review Committee for additional evaluation by a Quality Assurance Panel, made up of as many as five Board representatives.
While the investigation is ongoing, the parties are informed of its progress every 90 days, unless sharing updates could harm the process. On average, investigations take around six months to complete, with a goal of finishing all cases within one year.
Informal Resolutions
Once a case is sent to the Litigation Section, it is assigned to a staff attorney and scheduled for an Informal Show Compliance hearing before a panel of two board representatives from the appropriate medical field. Medical Board panels always include one member of the public and one physician, unless the licensee waives the requirement.
The ISC hearing is an informal meeting where the panel reviews the facts, and the licensee can show they complied with the law. The complainant can also attend. If the panel finds no wrongdoing, the case is sent to the DPRC for possible dismissal. If the panel believes a violation occurred, it may propose an agreed order with specific sanctions or terms. In cases involving minor violations, a remedial plan may be offered instead.
Formal Resolution at the SOAH
If a solution can’t be reached via a remedial plan or an agreed order, a Texas Medical Board attorney will be responsible for representing the Board at the State Office of Administrative Hearings. When the Texas Medical Board files a case with the State Office of Administrative Hearings, it becomes a formal complaint, meaning it’s an official complaint filed against a licensee at SOAH.
The case will be heard by an SOAH Administrative Law Judge, who will subsequently present their Proposal for Decision to the Board. The Board then gives orders that could dismiss the case or impose sanctions. Once the TMB enters its final order, the licensee can appeal the decision with the appropriate District Court. Under specific circumstances, the TMB can also appeal the decision.
In addition to the SOAH and ISC processes that can lead to disciplinary orders, the Board may issue a provisional suspension order in order to immediately remove a doctor from practice if they have determined that the doctor’s practice is an ongoing risk to the public or their patients. Temporary suspension hearings can be held with no notice given to the licensee.
Discuss Your Case With a Texas Medical Board Defense Attorney Today
If you’re facing a complaint with the Texas Medical Board, remember that you have the right to defend yourself and get legal help. Having an attorney can make a big difference in protecting your license and career.
The experienced Texas medical board defense attorneys at Aaron L. Wiley Law, P.C. can guide you through the process. Call (254) 566-3860 or use our online form to schedule a confidential consultation.