Minor violations of Texas Medical Board (TMB) rules
will get the “traffic ticket” treatment, allowing physicians
to dispose of them in weeks, not months, under
new procedures the board adopted in February.
The change is in response to physicians’ complaints about
the length and cost of defending themselves before the board,
particularly when complaints stem from minor violations of
the Medical Practice Act rather than poor quality of care.
The board stopped publicizing the names of physicians
disciplined for minor violations in November. Violations are
still public record, but TMB does not list the physicians’
names in its newsletter or, under the new rules, report them
to the National Practitioner Data Bank. The newsletter and
press releases include only the number of administrative
penalties imposed. At a legislative hearing on TMB in October,
TMA Board of Trustees member A. Tomas Garcia, III, MD
recommended listing only the numbers of doctors disciplined
for minor infractions rather than the names. It was
one of several recommendations Dr. Garcia made on TMA’s
behalf to try to create a strong board that “does its job effectively
and fairly.”
The new rules require the board to notify an accused
physician what he or she is alleged to have done and the
amount of the proposed fine. The physician can either
pay the fine, send the board a written response and
request to appear at an informal meeting, or respond
without asking for a meeting.
If the physician submits a written response within 30
days after the board receives the original complaint, the
TMB staff may determine an investigation is unnecessary.
A physician wanting to appear before the board
must request it in writing within 30 days after the notice
is sent. If the physician submits a written response to
the allegations without asking for a meeting, the complaint,
along with the response, will be referred to
TMB’s Disciplinary Process Review Committee (DPRC)
at its next regular meeting for a decision. The DPRC
will submit its action on the case to the full board for
its approval.
The fines are considered disciplinary actions by the
board and will require disclosure on credentialing forms
that ask about TMB discipline.
TMA recommends consulting with an attorney before
responding to a TMB investigation.
TMB General Counsel Robert Simpson says the new
rules apply only to minor violations, such as failure to get
the required continuing medical education, not giving a
patient his or her medical records, not promptly signing a
death certificate, making false statements about board certification
in advertising, or not posting a sign telling
patients how to file complaints with TMB.
Mr. Simpson says the new procedures mean physicians
could dispose of a violation in a matter of weeks, not
months. He says the board plans to have the new procedures
in place this month.
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