Once the Texas Medical Board receives a formal complaint, it jumpstarts an official enforcement process. After determining whether or not it has jurisdiction, in the sense that the complaint is brought against someone licensed by the Texas Medical Board, the Board initiates the process of evaluating if there is enough evidence to support claims of a violation of the Medical Practices Act.
The TMB, which receives more than 7,000 complaints annually, carefully reviews every single one. The stages of the enforcement process are:
- Preliminary Evaluation
- Investigation Process
- Quality Assurance Review Panel
- Informal Resolution Process
- Formal Hearing Before the State Office of Administrative Hearings
- Post-Resolution Compliance
The Preliminary Evaluation
When allegations are first reviewed, the Texas Medical Board may contact the complainant or the licensee, or it might not. The Board has 45 days in which to conduct a review of the complaint.
In cases where the details given in the complaint do not constitute a violation of the Texas Medical Practices Act, the case is marked as “Jurisdictional, not Filed,” and an investigation will not be opened.
The Investigation Process
If the Texas Medical Board decides that the Medical Practices Act may have been violated, then the case is marked as “Jurisdictional, Filed,” and an official investigation is launched. At this phase, the respondent or “licensee” is made aware of the complaint against them and asked to supply further information. When this happens, you need to contact a trusted Texas medical board defense attorney. Your initial response to the accusations plays a very important role in the outcome of your case.
Quality Assurance Review Panel
As many as five board representatives will make up a Quality Assurance Review Panel, which evaluates cases dispatched by the Investigations Department. Once its review has been concluded, the Panel may:
- Request further investigation if additional evidence or details are needed
- Offer the licensee a Remedial Plan, which they are free to reject or accept. If rejected, an Informal Settlement Conference may be requested
- Refer the case to the Litigation Department for a possible Informal Settlement Conference
- Refer the case to the Board’s Disciplinary Process Review Committee for potential dismissal
Informal Resolution Process
At this stage, roughly 90% of all corrective actions taken by the Texas Medical Board are resolved via an informal resolution process. After it has been forwarded to the Litigation Department, a TMB staff attorney will be assigned to your case, and an Informal Settlement Conference will be scheduled.
Formal Hearing Before the State Office of Administrative Hearings
If a resolution can’t be reached through a Remedial Plan or an Agreed Order, then the case will progress to final resolution at the SOAH.
These hearings operate similarly to courtroom trials. An Administrative Law Judge will hear your case. During this time, you will have an opportunity to question eyewitnesses, give evidence, and present your defense. Once the hearing concludes, the Administrative Law Judge will submit a proposal to the Texas Medical Board.
TMB Issues Final Order
Once the ALJ’s proposal is submitted, the Texas Medical Board will issue a directive that either dismisses your case or suggests disciplinary action. After the Board issues its final Order, the licensee may appeal the decision with the appropriate district court.
Post-Resolution Compliance
When a licensee is placed under a Board Order, TMB Compliance Officers ensure that all conditions are followed. Should a licensee fail to uphold any of these requirements, the Board has the option of imposing additional disciplinary actions.
Talk to an Experienced Texas Medical License Defense Attorney
During the TMB enforcement process, you will have several chances to defend your license and present your side of the story. You are also entitled to legal representation. Hiring a lawyer shows a commitment to protecting your license, reputation, and career.
If a complaint has been filed against you with the Texas Medical Board, the experienced Texas medical license defense attorneys at Aaron L. Wiley Law, P.C., can help you navigate the Board’s complaint process. Call us today at (254) 566-3860 or fill out the contact form on our website to schedule a confidential case review.