Anyone may register a complaint against a practitioner
licensed by the Board. The most frequent complaints involve non-therapeutic
prescribing of a drug or treatment, professional incompetence, unprofessional
conduct which may endanger the public, and inability to practice medicine
by reason of mental or physical impairment.
Allegations of all complaints are reviewed
by our investigators, who are trained professionals. If sufficient information
and evidence are obtained through the investigation to suggest that
there has been a violation of the Texas
Occupations Code, the case is scheduled for an informal settlement
conference and perhaps a contested hearing before an administrative
law judge. After referral of the case to the Investigations Department,
the licensee receives written notice of the possible violation and is
invited to discuss the matter with Board members or a Board member and
a district review committee member. This meeting affords an opportunity
to discuss the case and determine, if there is a problem, whether it
can be resolved by agreement, or whether the matter must be heard by
an administrative law judge from the State Office of Administrative
Hearings. The complainant is also invited to this conference. If, as
a result of an agreement or hearing, the licensee is found to have violated
the Texas Occupations Code,
there are several options available to the Board, ranging from a written
reprimand to a license revocation. In some instances, the licensee may
be placed on probation, or other restrictions may be imposed. Then he
or she becomes the responsibility of one of the Board's compliance officers.
A compliance officer meets with the probationer on a regular basis,
and the probationer will be required to meet periodically with the Board.
The Board is also statutorily charged to
receive reports of claims and lawsuits against physicians that are based
on allegations of professional liability. These reports provide a detection
system which may identify recurring patterns of unacceptable health
care.
