For any Texas doctor, getting a certified letter from the Texas Medical Board can be very stressful. The letter usually tells you that a complaint has been filed against you. At first, the complaint may not include many details and may only use broad phrases like “unprofessional conduct.”
While clear medical malpractice is an obvious concern, many doctors do not realize that other issues can also lead to an investigation by the Texas Medical Board. In many cases, board investigations start because of compliance or administrative problems that may be overlooked during the busy day-to-day work of running a medical practice.
If you receive notice of an investigation, it can help to speak with an experienced Texas medical board defense lawyer. An experienced lawyer can explain what the complaint means, help you respond to the board, and work to protect your medical license.
In the meantime, here are a few areas that commonly lead to a TMB complaint:
Insufficient Medical Records
This is one of the most common and preventable problems doctors face. The Texas Medical Board expects patient records to be clear, accurate, and written in a timely way. Your notes should explain why you made a diagnosis, chose a treatment plan, or prescribed a certain medication. If that reasoning is not clearly written in the chart, the board may view it as a violation.
During an investigation, your medical records often become your main line of defense. If the records are incomplete, unclear, or poorly organized, the Texas Medical Board may believe the doctor did not meet the proper standard of care.
Pain Management and Prescription Issues
The Texas Medical Board closely reviews how doctors prescribe medications, especially controlled substances. This is not only about “pill mills.” An investigation can start if the board notices unusual prescribing patterns.
For example, problems may arise if a doctor under-prescribes medication for pain, does not properly taper a patient off certain drugs, or fails to check and document the Prescription Monitoring Program as required by board rules.
Improper Delegation or Supervision
As a medical practice grows, doctors often rely on nurse practitioners and physician assistants to help care for patients. However, the supervising physician is still responsible for the care these providers give.
An investigation can begin if the Texas Medical Board believes there was poor supervision. Problems can also arise if a nurse practitioner or physician assistant is allowed to work outside the limits of what the law allows. In some cases, complaints happen because delegation or prescriptive authority agreements were not set up correctly.
Issues With Professional Boundaries
Sexual misconduct is a serious violation. However, the Texas Medical Board uses a much broader definition of boundary violations.
This can include situations that are not sexual. For example, problems can arise if a doctor starts a business relationship with a current patient. It can also include using patient information for personal benefit. In some cases, even financial disputes, such as billing problems that a patient reports to the board, can lead to an investigation.
Poor Response to Initial Inquiry
In many cases, the most serious mistake happens during the first 20 days after a doctor receives the complaint letter. A physician may respond emotionally, send too much or incorrect information, change medical records (which is a serious mistake), or try to contact the person who made the complaint.
How you respond to the first letter can strongly affect how the rest of the investigation unfolds.
TMB Notices Demand Proactive Strategies
The Texas Medical Board has many rules that explain what counts as unprofessional conduct and what doctors must do to meet the proper standard of care. Getting a notice from the board does not mean you are guilty. However, it does mean that a serious legal process has begun.
An investigation into your medical license can affect your career and your ability to practice medicine. Because of this, it is important to take the matter seriously from the start. Developing a careful and thoughtful response early on is often better than trying to handle the process on your own.
Do I Have to Hire a Texas Medical Board Defense Lawyer to Respond to the Complaint Letter?
No. You are not required to hire a lawyer. However, it is strongly recommended that you speak with an experienced attorney before responding to a complaint letter from the Texas Medical Board. A Texas Medical Board investigation lawyer can help you understand the complaint and prepare the right response.
This letter asks for information related to the investigation and is often the first sign that the Texas Medical Board is reviewing your actions. The questions in the letter are usually very open-ended. They are written in a way that may lead you to share more information than you should.
Many healthcare professionals do not realize that what they write in their response can later be used against them. In some cases, the information provided in the letter may lead to disciplinary actions such as a license suspension or even revocation.
Contact Aaron L. Wiley Law, P.C.
An investigation by the Texas Medical Board can feel overwhelming, but you do not have to face it alone. Getting legal guidance early can help you understand your rights and protect your medical license.
If you have received a complaint or letter from the Texas Medical Board, contact a Texas Medical Board defense lawyer at Aaron L. Wiley Law, P.C. Call (254) 566-3860 or fill out our online contact form today to schedule a private legal consultation and learn how we may be able to help.