by Delbert Chumley, MD
BCMS President 2007
One complaint I hear a lot of
these days is that the Texas
Medical Board (TMB) is coming
down too hard on our colleagues for
what appear to be minor infractions.
I have to admit, there appears to
be some truth to that statement, particularly
when one reads the TMB
report on disciplinary actions against
physicians. It does cause anger to
hear about some hard working, honest
doctor getting hammered for an
offense such as not getting records to
an attorney within the accepted time
limit, or for writing a non-narcotic
prescription for a family member. It
sort of makes you feel a little paranoid,
like there’s a bullet with your
name on it loaded in the TMB
revolver ready to take aim at you
or me.
I’m not implying that the TMB isn’t
important and that physicians who
cross the line shouldn’t be appropriately
punished. What I am saying is that
maybe the TMB has gone a little too
far to the right and is reacting to public
and legislative pressure without considering
the downstream effects on the
physician community.
Some may remember the negative
press the TMB received several years
ago about not dealing with all the bad
doctors in Texas and being a “good
ol’boy club.” Recently, the TMB has
moved up on the legislative funding
list. It seems with all this pressure on
them, they have to perform or else.
When the 2003 tort reform legislation
capped lawsuit awards and made
them no longer a chance for plaintiffs
to win the physician jackpot lotto, I
suspect that disgruntled patients are
more likely to get even with doctors
by filing complaints with the board.
The TMB is a state agency whose
primary mission is to safeguard the
public through professional accountability.
If you don’t know by now,
you need to realize that this is not a
doctor friendly organization. All too
often, I see physicians think that the
TMB will understand the uniqueness
of medicine, the difficulties in dealing
with patients, and that sometimes
one’s best just isn’t good enough.
They are not there to help doctors;
they are there to protect the citizens
of Texas against doctors. Make no
mistake about it: doctors are guilty
until proven innocent.
The TMB receives its authority
directly from our state government and
therefore we as individual physicians
are powerless to make changes in its
structure and composition. If we are
ever going to transform the TMB, it’ll
only be through collaborative efforts
with the TMA and our legislature.
In the meantime, I’d like to make a
few suggestions on how to protect
yourself just in case that “bullet”
finds its mark.
The most important recommendation
is to take any investigation very
seriously. Respond within the time
limits with all the information
requested via certified mail. It may
also be helpful to include a letter
describing the facts of the case in an
objective, evidence based manner. Be
humble in your correspondence,
refrain from subjective commentaries
and be available if a telephone conference
is requested for further clarification
or information.
Often, this is all that will be
required for the board to make a
decision on the case which is usually
resolved in favor of the physician.
However, if a settlement conference is
requested, you may want to obtain
legal counsel.
Remember that today’s practice of
medicine is much different than
when doctors made house calls carrying
their black bags. You must be
attentive to issues that are meant to
be beneficial to the public but may
have terrible consequences on practicing
physicians.
Visit the TMB website (www.texasmedicalboard.
org) to learn more
about this organization. You also may
want to query your name just to see
what information about you is available
to the public.
