Agreed Order Negotiations
If the Informal Settlement Conference (ISC) Panel finds that a licensee has violated Board rules or the Medical Practice Act, they will recommend an Agreed Order, with certain terms and conditions. If the licensee were to agree to the recommended Agreed Order, the case would be resolved.
An Agreed Order is a disciplinary action, and there are many things to be considered when contemplating one. Complying with the terms and conditions of the Agreed Order should be one consideration, but an equal consideration should be the effect of having a public disciplinary action on one’s record. Every Agreed Order is public, showing up on the licensee’s public profile on the Board’s website. However, if an Agreed Order imposes a restriction or a reprimand on the licensee, the Board is obligated to report it to the National Practitioner’s Data Bank (NPDB). An NPDB report of an Agreed Order with restrictions can affect a licensee’s employment, credentialing, licenses in other jurisdictions, and professional certifications.
Ultimately, if the Agreed Order recommended by the ISC Panel is not acceptable to the licensee, it is possible to continue settlement negotiations with the Board staff attorney in an effort to reach an Agreed Order with terms that the licensee is comfortable agreeing to. At this juncture it is imperative that a licensee has hired an administrative attorney with experience dealing with the Texas Medical Board’s staff and its lawyers.
If Board staff is unwilling to modify the terms and conditions of the proposed Agreed Order, and agreement cannot be reached, Board staff can then file a formal complaint at the State Office of Administrative Hearings and proceed to a formal evidentiary / contested casehearing. (see Board rule sec. 187.19)
Having experienced legal representation can be crucial to the success of your Agreed Order negotiation. Contact the Texas medical licensing lawyers of the Leichter Law Firm PC today at (512) 495-9995 to speak with a qualified member of our legal team about the details of your situation.