Texas Medical Board
The Texas Medical Board (TMB) regulates the practice of medicine through power granted to it by the Texas Medical Practice Act. This authority authorizes the Board to issue and subsequently discipline the medical licenses it grants medical doctors (MD’s) and Doctors of Osteopathy (DO’s).
The physician licensing attorneys of the Leichter Law Firm have handled hundreds of medical license matters against the Texas Medical Board with cases ranging from minor advertising or documentation violations to complex litigation involving claimed departures from the accepted standard of care. All of our TMB lawyers have extensive Texas Medical Board experience, and some have worked as attorneys for the Board at various stages in their careers. Our representative cases illustrate the success our Texas Medical Board attorneys have had in defending physicians and protecting their medical licenses from this zealous and very active State agency. For more information on what our Texas Medical Board attorneys could do for you, contact us today at (512) 495-9995.
Disciplinary cases involving a physician’s license and the Texas Medical Board can be categorized into two distinct areas: substantive and procedural. The substantive involves the allegation or matter type and the procedural examines where in the disciplinary process the case is.
Procedural milestones or stages in the development of an investigation or TMB disciplinary case can be segmented as follows:
- Receipt of an Initial Complaint Letter
- Formal Investigation Phase
- Informal Settlement Conference
- Agreed Order Negotiations
- SOAH Contested Case Hearing Process
- Mediations of Contested Case Hearings at SOAH
- Appeals and Motions for Rehearing
- Temporary Suspension Hearings
- Probation or Agreed Order Violations
Texas Medical Board physician licensing cases handled by the lawyers of the Leichter Law Firm PC routinely involving the following substantive matters:
- Documentation or medical record keeping violations
- Breaches in the accepted standard of care
- Non-therapeutic prescribing
- Behavioral transgressions
- Intemperate use of drugs of alcohol
- Discipline by peers / Adverse actions
- Criminal conduct –arrests and convictions
- Discipline by another state licensing board
- Failure to timely complete CME
- Inability to practice due to a physical or mental condition
- Prescribing to a known drug abuser
- Probation Violations
As the TMB is responsible for regulating the practice of medicine in Texas, most complaints concerning a physician’s practice are initially directed to the State Board for investigation. Although some complaints may have their genesis with other agencies such as the DEA or DPS, most complaints are filed by dissatisfied patients, angry spouses, disgruntled co-workers, or subsequent treating physicians. Sometimes the Board files/generates its own complaints after it has received a preliminary response from a physician in answer to the initial letter of complaint. As the disciplinary process at the TMB is a complaint driven process, all cases must begin with a letter of complaint.
If you have received a letter of investigation or initial complaint from the Texas Medical Board or are at any stage of the legal process with the TMB you should consider retaining experienced legal counsel to protect your medical license immediately. Far too often simple mistakes or mis-steps caused by overly broad responses result in a continued investigation or the imposition of discipline including probation or suspension that could have been avoided. These mistakes can be avoided with the assistance of experienced legal representation. Contact the Texas Medical Board attorneys of the Leichter Law Firm PC for a free initial consultation today (512) 495-9995.