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“... owing Board meetings and contain rule changes and disciplinary actions. The TMB Bulletins contain this information as well as timely articles, information about board members, new licenses issued and other helpful information.
Available archives date back to 1997. ... ”
“... owing Board meetings and contain rule changes and disciplinary actions. The TMB Bulletins contain this information from the other boards supported by the agency as well as timely articles, information about board members, new licenses issued and other helpful information.
If you wish to subscribe to ... ”
“... a medical specialty;
not have been the subject of disciplinary action;
not have been convicted of, or placed on deferred adjudication, community supervision, or deferred disposition for a felony, a misdemeanor connected with the practice of medicine, or a misdemeanor involving moral turpitude.
Plea ... ”
“... nadian province that is subject to a restriction, disciplinary order, or probationary order; and,
Must practice in a HPSA or an MUA.
*To determine if this requirement is met, review the Exam Attempts information using the link to the left.
Apply
To apply use the link to the left to down ... ”
“... owing Board meetings and contain rule changes and disciplinary actions.
Archived releases date back to 1997. ”
“... ay be referred for dismissal to the board’s disciplinary process review committee (DPRC) or for further evaluation by a Quality Assurance (QA) Panel, consisting of up to five board representatives. Under certain conditions, a third option is to offer the licensee a remedial plan, which is a co ... ”
“... ul information about the Texas Medical Board, its disciplinary process, how to research a licensee, and how to file a complaint.
TMB Consumer Brochure
”
“... e for final approval of the issuance of licenses, disciplinary actions, and the promulgation of rules.
The Texas State Board of Acupuncture Examiners consists of nine members appointed by the Governor for six-year staggered terms not requiring Senate confirmation. The presiding officer of the ... ”
“The link below will allow a search of any Board action issued (Board order, remedial plan, cease and desist, etc.), including those issued to pain management clinics.
After clicking the link below and accepting the usage terms, click on the "License Type" dropdown, select "Pain Management Clinic (Bo ... ”
“... bers:
• Customer Service: 512-305-7030• Disciplinary Action Hotline: 800-248-4062• Request Form to File a Complaint Against a Licensee: 800-201-9353
Mailing Address:
P.O. Box 2029Austin, TX 78768
Website: www.tmb.state.tx.us
Complaint Handling Process
Our agency is committed to listen ... ”
“...
Malpractice Information
Criminal History
Non-TMB Disciplinary Actions
Physician Assistant Supervision
Advanced Practice Nurse Delegation
”
“... s include license status, educational background, disciplinary actions, as well as information self-reported by the licensee but not verified by the TMB (e.g. primary practice address, hospital privileges, delegation information, etc.) All verifications also include a description of any action taken ... ”
“... t (512) 463-9416.
Surgical Assistants with Disciplinary Action
The link below will allow a search of any Board action issued (Board order, remedial plan, cease and desist, etc.), inlcuding surgical assistants.
After clicking the link below and accepting the usage terms, click on the "License ... ”
“... ul information about the Texas Medical Board, its disciplinary process, how to research a licensee, and how to file a complaint.
TMB Consumer Brochure
Consumer Guide to Health Care
This guide for consumers on the quality of healthcare and healthcare billing and pricing practices was ... ”
“... :
complaint information and investigative files,
disciplinary hearing materials, and
licensure application files.
These materials are the subject of two Texas Attorney General decisions that establish that these materials are specifically exempt from disclosure under the Texas Public Informa ... ”
Description: TMB Bulletin Fall 2000
Document: ... Complaints Continuing Medical Education Reminder Disciplinary Actions
Dr. Anderson Named President of Board Governor George W. Bush has appointed Lee S. Anderson, M.D., as the new President of the Board. William H. Fleming III, M.D., who has served as president since 1995, will remain on the Board ...
Description: TMB Bulletin Fall 2006
Document: ... capacities: chairman of the Licensure Committee, Disciplinary Process Review Committee and Standing Orders Committee and as a member of the Executive Committee, Credentials Verification Study
Committee, Search Committee, Finance Committee, Ad Hoc Committee to Study Integrative and Complementary M ...
Description: TMB Bulletin Fall 2002
Document: ... On-line Renewals for Physicians Formal Complaints Disciplinary Actions
Board Shows Regulatory Improvements Organizational changes, aided by a governor's grant, have brought about significant improvements in the regulatory record of the Texas State Board of Medical Examiners in the past year. In May ...
Description: TMB Bulletin Fall 2001
Document: ... Complaints Continuing Medical Education Reminder Disciplinary Actions (Physician) Correction Disciplinary Actions (PA)
Governor Appoints New Board Member Governor George W. Bush appointed Elvira Pascua-Lim, M.D., of Lubbock to the board, replacing Paul G. Meyer, M.D., who resigned. Dr. Pascua -Lim ...
Description: TMB Bulletin Fall 2004
Document: ... uires immediate investigation of a violation of a disciplinary order or of a complaint against a license holder under a disciplinary order. TMB has developed a system to provide expedited response to any indications that a licensee is not in compliance with an existing board order and 32 such violat ...
Description: TMB Bulletin Fall 2009
Document: ... PA Board Appointments
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3
Disciplinary Actions
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3
Tanning Advisory Statement
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5
Rule Changes
11
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13
Formal Complaints
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Description: TMB Bulletin Fall 2007
Document: ... urists who wish to practice in Texas; and to take disciplinary action against licensees found to be in violation of the Medical Practice Act (which is part of the Texas Occupations Code) or the appropriate practice act for PAs or acupuncturists. The Texas Legislature sets the standard by which TMB c ...
Description: TMB Bulletin Fall 2010
Document: ... pen
New physician
licenses
Formal complaints
Disciplinary actions
(Continued next page)
2
or the colleague would be punished too severely if they
reported their concerns.
The structure of TXPHP is meant to allay those concerns.
Launched in February 2010, TXPHP was created by Senate
...
Description: TMB Bulletin Fall 2008
Document: ... 2 and as a member of the Executive Committee, the Disciplinary Process Review Committee and the Ad Hoc Committee for Scope of Practice. At the October board meeting, board members thanked Dr. Anderson for his service and presented him with a proclamation and a plaque.
TMB Conducts Town Hall Meeting ...
Description: TMB Bulletin Fall 1997
Document: ... xas State Board of Physician Assistant Examine rs Disciplinary Actions
Board Offers Condolences The Board offers condolences to the families of Ann Forehand, who passed away July 3, Richard Eppright, M.D., who died June 12, and Jerome L. Armbruster, D.O., who passed away May 23. Mrs. Forehand, a pu ...
Description: TMB Bulletin Fall 1998
Document: ... Physicians Declared Illegal by Inspector General Disciplinary Actions
Governor Appoints Five to Board Governor George W. Bush has appointed five people to the Texas State Board of Medical Examiners. Their terms run until April 14, 2005. Jose Benavides, M.D. Dr. Benavides earned his medical degree ...
Description: TMB Bulletin Fall 1999
Document: ... Physicians Declared Illegal by Inspector General Disciplinary Actions
Governor Appoints Five to Board Governor George W. Bush has appointed five people to the Texas State Board of Medical Examiners. Their terms run until April 14, 2005. Jose Benavides, M.D. Dr. Benavides earned his medical degree ...
Description: TMB Bulletin Fall 2005
Document: ... the authority to use administrative orders in its disciplinary process. Administrative orders are presently being used in a limited fashion in cases involving CME and medical records violations to allow physicians to pay a fine in lieu of participating in a settlement conference with a disciplinary ...
Description: TMB Bulletin June-July 2003
Document: ... 1969. He serves on the board as the chair of the Disciplinary Process Review Committee. He has served as the Medical Director at Brackenridge Hospital in Austin and is a former President of the Travis County Medical Society, the Central Texas Medical Foundation and is on the Board of Directors for ...
Description: TMB Bulletin March 2013
Document: ... t ways to preThe number of physicians with a vent disciplinary ac on is to ensure Texas medical license physicians are well-informed about the laws of Texas as they relate to the prac ce of medicine. To provide licensees the most current and relevant informa on, the TMB in 2010 launched a CME-eligib ...
“... t public information, by state law. Any resulting disciplinary orders are public and can be viewed on the physician’s profile. Formal complaints filed by the Board at the State Office of Administrative Hearings are public documents. ”
Are complaints public information?
Complaints and investigational information received and maintained are not public information, by state law. Any resulting disciplinary orders are public and can be viewed on the physician’s profile. Formal complaints filed by the Board at the State Office of Administrative Hearings are public documents.
“... 052(a)(13) of the Medical Practice Act authorizes disciplinary action against any licensee for impersonation of a licensed practitioner or permitting another to use his license to practice medicine. Section 164.052(a)(17) authorizes disciplinary action against a practitioner for aiding or abetting, ... ”
What is the "corporate practice of medicine"?
The corporate practice of medicine is a legal doctrine, which generally prohibits corporations, entities or individuals (i.e. non-physicians) from practicing medicine.
A general summary of the corporate practice of medicine doctrine is that it prohibits physicians from entering into partnerships, employee relationships, fee splitting, or other situations with non-physicians where the physician's practice of medicine is in any way controlled or directed by, or fees shared with a non-physician. Generally, physicians may enter into independent contractor arrangements with non-physicians. However, whether an independent contractor situation exists is a question of law and attendant facts.
Section 165.156 of the Medical Practice Act makes it unlawful for any individual, partnership, trust, association or corporation by use of any letters, words, or terms, as an affix on stationery or advertisements or in any other manner, to indicate the individual, partnership, trust, association or corporation is entitled to practice medicine if the individual or entity is not licensed to do so.
Section 164.052(a)(13) of the Medical Practice Act authorizes disciplinary action against any licensee for impersonation of a licensed practitioner or permitting another to use his license to practice medicine. Section 164.052(a)(17) authorizes disciplinary action against a practitioner for aiding or abetting, directly or indirectly, the practice of medicine by non-licensed individuals or entities.
Beginning in 2011, the Texas Legislature enacted laws authorizing certain types of hospitals and specific hospital districts to directly hire physicians.
Because of the highly technical aspects of this doctrine, a physician should consult with private counsel regarding any actual or contemplated arrangement. Please be advised that the Board staff is not authorized to provide private legal advice.
The following case law/legal authority may be helpful in the analysis and are available from any local law library or private counsel:
a. Garcia v. Texas State Board of Medical Examiners, 384 F.Supp. 434 (W.D. Texas 1974);
b. F.W.B. Rockett v. Texas State Board of Medical Examiners, 287 S.W.2d 190 (Tex. Civ.App.- San Antonio 1956, writ ref'd n.r.e.);
c. Watt v. Texas State Board of Medical Examiners, 303 S.W.2d 884 (Tex. Civ. App.- Dallas 1957, writ ref'd n.r.e.);
d. Flynn Brothers, Inc. v. First Medical Associates, 715 S.W.2d 782 (Tex. Civ. App.- Dallas 1986, writ ref'd n.r.e.)
e. Woodson v. Scott & White Hospital, 186 S.W.2d 720 (Tex. App. 1945, writ ref'd w.o.m.)
f. Tex. Atty. Gen. Op. JM-1042 (1989)
g. Tex. Atty. Gen. Op. WW-278 (1957).
h. Tex. Atty. Gen. Op. JM 369 (1985)
i. Tex. Atty. Gen. Op. DM-138 (1992)
j. Tex. Atty. Gen. Op. M-551 (1970)
k. The Medical Practice Act, Texas Occupations Code Annotated, Title 3, Subtitle B as amended, section 162.001.
l. The Medical Practice Act, Texas Occupations Code Annotated, Title 3, Subtitle B as amended, section 162.001.
m. The Medical Practice Act, Texas Occupations Code Annotated, Title 3, Subtitle B as amended, 151.055.
n. Occupations Code, section 102.001.
“... ng in another state for at least 5 years, with no disciplinary history or open investigations; Physician applicants who are in active military service, whose spouse is in active military service, or who are military veterans. (These individuals may also qualify for an application fee waiver) ... ”
Can my physician licensure application be expedited?
Applicants who fall into one of the following categories may be eligible for expedited handling:
“... be granted. Alternatively, licensure under a non-disciplinary order limiting your practice to administrative medicine may be offered. ”
I haven't been practicing medicine for a while. Is that a problem?
Maybe. In order to be eligible for physician licensure in Texas you must prove that you have actively diagnosed or treated patients, or been on the active teaching faculty of a Texas medical school on a full time basis for either of the two years preceding the date of your application. The Board defines "full time" to be at least 20 hours per week for 40 weeks duration during a given year. If you don't meet that requirement the Executive Director may determine that certain conditions must be met before licensure can be granted. Alternatively, licensure under a non-disciplinary order limiting your practice to administrative medicine may be offered.
“... then entering in the name or TMB License/Permit #.Disciplinary actions for these licenses and permits available at: http://www.tmb.state.tx.us/page/DSHS-Transferred-Licenses ”
Will the “Look up a License” system verify a MRT, RCP, Medical Physicist or Perfusionist?
Yes. You can search all license types, or select the individual license/permit type of your choosing by using the “License Type” drop down menu, and then entering in the name or TMB License/Permit #.
Disciplinary actions for these licenses and permits available at: http://www.tmb.state.tx.us/page/DSHS-Transferred-Licenses
“Disciplinary actions for MRTs and LMRTs are available at: http://www.tmb.state.tx.us/page/DSHS-Transferred-Licenses under the Disciplinary/Enforcement Actions tab labeled “Medical Radiologic Technologist”. ”
How do I verify disciplinary action on a MRT or LMRT?
Disciplinary actions for MRTs and LMRTs are available at: http://www.tmb.state.tx.us/page/DSHS-Transferred-Licenses under the Disciplinary/Enforcement Actions tab labeled “Medical Radiologic Technologist”.
“... he provisions of this exemption may be subject to disciplinary action. Action may be based on unprofessional or dishonorable conduct likely to deceive, defraud, or injure the public if the physician engages in the compensated practice of medicine, provides medical services to members of the physicia ... ”
Is there an exemption for retired physicians providing voluntary charity care?
Yes. A retired physician whose only clinical practice is the provision of voluntary charity care to indigent populations shall be exempt from the registration fee but must register the license as well as report CME. The physician's practice of medicine must not include the provision of medical services for either direct or indirect compensation which has monetary value of any kind and the physician's practice is limited to voluntary charity care to indigent populations and receives no direct or indirect compensation of any kind for medical services rendered. Also, the physician's practice cannot include the provision of medical services to family members or the self-prescribing of controlled substances or dangerous drugs. A physician who violates the provisions of this exemption may be subject to disciplinary action. Action may be based on unprofessional or dishonorable conduct likely to deceive, defraud, or injure the public if the physician engages in the compensated practice of medicine, provides medical services to members of the physician's family, or self-prescribes controlled substances or dangerous drugs. Additionally, a physician who attempts to obtain this exemption by submitting false or misleading statements shall be subject to disciplinary action pursuant to the Medical Practice Act, in addition to any civil or criminal actions provided for by the state or federal law.
“... s been restricted; or • have been subject to disciplinary action by any licensing entity for conduct that was a result of inappropriately prescribing, dispensing, administering, supplying, or selling a controlled substance A pain management clinic may not be owned wholly or partly by a p ... ”
Who can own or operate a pain management clinic?
A pain management clinic may not operate in Texas unless the clinic is owned and operated by a medical director who: • is a physician who practices in Texas • has an unrestricted medical license • holds a certificate of registration for that pain management clinic In addition, the owner/operator of a pain management clinic, an employee of the clinic, or a person with whom a clinic contracts for services may not: • have been denied, by any jurisdiction, a license issued by the Drug Enforcement Agency or a state public safety agency under which the person may prescribe, dispense, administer, supply, or sell a controlled substance; • have held a license issued by the Drug Enforcement Agency or a state public safety agency in any jurisdiction, under which the person may prescribe, dispense, administer, supply, or sell a controlled substance, that has been restricted; or • have been subject to disciplinary action by any licensing entity for conduct that was a result of inappropriately prescribing, dispensing, administering, supplying, or selling a controlled substance A pain management clinic may not be owned wholly or partly by a person who has been convicted of, pled nolo contendere to, or received deferred adjudication for: • an offense that constitutes a felony; or • an offense that constitutes a misdemeanor, the facts of which relate to the distribution of illegal prescription drugs or a controlled substance as defined by Texas Occupations Code Annotated §551.003(11) The medical director of a pain management clinic must operate the clinic in compliance with Drug Prevention and Control Act, 21 U.S.C.A. 801 et.seq. and the Texas Controlled Substances Act, Chapter 481 of the Texas Health and Safety Code, relating to the prescribing and dispensing of controlled substances. The medical director of a pain management clinic must, on an annual basis, ensure that all personnel: • are properly licensed, if applicable, • are trained including 10 hours of continuing medical education related to pain management, and • are qualified for employment.
“... provide the requested information could result in disciplinary action against the professional license. ”
Do I have to produce my prescriptive authority agreement or facility-based protocol if a licensing board asks to see it?
Yes. You are required to provide a copy of the prescriptive authority agreement to the board that requested it within three business days. Although SB 406 did not specifically note that facility-based protocols must also be submitted within this time frame, each licensing board has the authority to request this information. Failure to provide the requested information could result in disciplinary action against the professional license.
“... suspended, delinquent, or otherwise subject to a disciplinary order that specifically prohibits the licensee from entering into a prescriptive authority agreement. Note that if a licensee’s authority to supervise, delegate, or prescribe devices is limited under a board order ... ”
What constitutes a license that is in good standing for purposes of entering a prescriptive authority agreement?
A physician, advanced practice registered nurse, or physician assistant must have an active license to practice that is not suspended, delinquent, or otherwise subject to a disciplinary order that specifically prohibits the licensee from entering into a prescriptive authority agreement.
Note that if a licensee’s authority to supervise, delegate, or prescribe devices is limited under a board order, the licensee may enter into a prescriptive authority agreement and practice under the agreement only to the extent permitted by the board order.
“... been disciplined in the past. This includes disciplinary action taken by licensing boards in other states. Once you are a party to a prescriptive authority agreement, you are required to immediately notify the other party/parties to the agreement if you receive notice that you are the su ... ”
Do I have to disclose information regarding investigations and discipline? If so, to whom must this information be disclosed
Yes. Prior to signing a prescriptive authority agreement, you must disclose to the other party/parties to the prescriptive authority agreement if you have been disciplined in the past. This includes disciplinary action taken by licensing boards in other states. Once you are a party to a prescriptive authority agreement, you are required to immediately notify the other party/parties to the agreement if you receive notice that you are the subject of an investigation.
“... se or permit number, issue date, expiration date, disciplinary status, and our board seal will be affixed.There is no fee for state board verifications. Please allow 10 working days to process your verification. The verification will be mailed directly to the state board of your request.The fo ... ”
How do I get a verification of my Texas license sent to another state?
Upon written request TMB will provide a state board verification to another state board regarding licensees. The verification includes: licensee's name, license or permit number, issue date, expiration date, disciplinary status, and our board seal will be affixed.
There is no fee for state board verifications. Please allow 10 working days to process your verification. The verification will be mailed directly to the state board of your request.
The form is avaliable under Verification Request in the "Licensee Resources" section of our website.
“... “Licensure Status” will show any non-disciplinary limitation on a physician’s license, such as “LUA - Limited to Underserved Area only”. If this area shows “None”, then the physician has no such limitation. ”
My physician’s profile says “Licensure Status: None". Does my physician have a license in Texas?
The “Licensure Status” will show any non-disciplinary limitation on a physician’s license, such as “LUA - Limited to Underserved Area only”. If this area shows “None”, then the physician has no such limitation.
“Disciplinary actions for RCPs are available at: http://www.tmb.state.tx.us/page/DSHS-Transferred-Licenses under the Disciplinary/Enforcement Actions tab labeled “Respiratory Care Practitioner”. ”
How do I verify disciplinary action on a RCP?
Disciplinary actions for RCPs are available at: http://www.tmb.state.tx.us/page/DSHS-Transferred-Licenses under the Disciplinary/Enforcement Actions tab labeled “Respiratory Care Practitioner”.
“Disciplinary actions for Medical Physicists are available at: http://www.tmb.state.tx.us/page/DSHS-Transferred-Licenses under the Disciplinary/Enforcement Actions tab labeled “Medial Physicist”. ”
How do I verify disciplinary action on a Medical Physicist?
Disciplinary actions for Medical Physicists are available at: http://www.tmb.state.tx.us/page/DSHS-Transferred-Licenses under the Disciplinary/Enforcement Actions tab labeled “Medial Physicist”.