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Texas Medical Board disciplines 41 physicians at August meeting, adopts rule changes

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Click here to see the original Texas Medical Board Press Release.


At its August 29, 2014 meeting, the Texas Medical Board disciplined 41 licensed physicians and issued three cease and desist orders. The disciplinary actions included seven orders related to quality of care violations, three orders related to unprofessional conduct, three revocations, seven voluntary surrenders, four suspensions, one order related to peer review actions, two orders related to other states’ actions, two orders related to nontherapeutic prescribing, three orders related to inappropriate prescribing, four orders related to violation of prior board order, one order related to violation of Board rules, one order related to Texas Physician Health Program violations, and three orders related to inadequate medical records. The Board also took disciplinary action against two pain management clinics and a surgical assistant.

The Board issued 244 physician licenses at the August meeting, bringing the total number of physician licenses issued in FY14 to 3,994.



§163.6, Examinations Accepted for Licensure

The amendment to rule 163.6, related to Examinations Accepted for Licensure, eliminates an incorrect reference in (f) to another part of the rule.


§182.8, Expert Physician Reviewers

The amendments to rule 182.8, related to Expert Physician Reviewers, adds language to subsection (c), relating to Expert Reviewers’ Report, in the form of a new paragraph (3), requiring that an expert report must include notice to the respondent stating that the report is investigative information and is privileged and confidential under §164.007(c) of the Medical Practice Act, preventing its use or dissemination outside the informal settlement conference process and making the report inadmissible in civil, judicial, or administrative proceedings, and that release of the report to the respondent shall not constitute a waiver of the privileged and confidential status of the report, in accordance with §§164.003 and 164.007 of the Medical Practice Act and Board Rule 179. The amendments also add new subsection (d), providing that such reports are investigative information and privileged and confidential, in accordance with §164.007(c), Texas Occupations Code; and investigative reports by a consulting expert as defined by Texas Rules of Civil Procedure 192.7(d).


§185.7, Temporary License

The amendments to rule 185.7, related to Temporary License, adds language requiring that in order to be eligible for a temporary license, an applicant must be supervised by a physician who holds an active, unrestricted license as a physician in Texas; has not been the subject of a disciplinary order, unless the order was administrative in nature; and is not a relative or family member of the applicant. The amendment further requires that the applicant present written verification from the supervising physician that the physician will supervise the physician assistant according to rules adopted by the board; and retain professional and legal responsibility for the care rendered by the physician assistant.

§185.28, Retired License

The amendments to rule 185.28, related to Retired License, adds language providing an emeritus status for retired physician assistants who meet specific criteria.


§187.5, National Practitioner Databank

The amendment to rule 187.5, related to National Practitioner Databank, deletes language specifying the types of actions that are reportable and adds language that provides that the board will report according to NPDB guidelines and applicable federal law.


§195.2, Certification of Pain Management Clinics

The amendment to rule 195.2, related to Certification of Pain Management Clinics, corrects the citation to provisions under the Texas Occupations Code related to the regulation of pain management clinics.


Click here to see the original Texas Medical Board Press Release.