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“... al Board Licensure Committee Agenda
Medical Board Disciplinary Process Review Committee Agenda
Agenda for Friday, March 21, 2025:
Medical Board Full Board Agenda
Meeting Minutes
Meeting Videos
”
“... ng the discipline of acupuncturists; oversees the disciplinary process and gives guidance to the acupuncture board and staff; monitors the effectiveness, appropriateness, and timeliness of the disciplinary process; makes recommendations regarding resolution and disposition of specific cases and appr ... ”
“... . Also, audits and inspections are both non-disciplinary verification processes.
You may view the Board Rules on pain management clinic in detail on our website under Board Rules, Chapter 172. ”
“... tmb.state.tx.us/page/pain-management-clinics-with-disciplinary-action)
6) CONTINUING MEDICAL EDUCATION (CME)
If you have questions regarding Continuing Medical Education, click here: (http://www.tmb.state.tx.us/page/resources-continuing-ed-requireme ... ”
“... r received a remedial plan or been the subject of disciplinary action by the Texas Medical Board;
the physician has no criminal history, including pending charges, indictment, conviction and/or deferred adjudication in Texas;
the physician has never held a license, registration or certification that ... ”
“... r received a remedial plan or been the subject of disciplinary action by the Texas Physician Assistant Board;
the physician assistant has no criminal history, including pending charges, indictment, conviction and/or deferred adjudication in Texas;
the physician assistant has never held a license, re ... ”
“... rd (e.g., license status, educational background, disciplinary actions, etc.):
(1) Full name;(2) Place of birth if the physician requests that it be included in the physician's profile;(3) Gender;(4) Ethnic origin if the physician requests that it be included in the physician's profile;(5) Name of e ... ”
“... fter the event (criminal charges and convictions, disciplinary actions by other states, and medical malpractice Jury awards). For those 10 day updates, you may submit updates using your MyTMB account, or you may submit the Physician Profile Update Request Form. For m ... ”
“... ct of 1970 (21 U.S.C. §801 et seq.);
(7) Any disciplinary action issued by another state, territory, or nation against the physician’s medical license;
(8) Any medical malpractice claim against the physician for which the physician was found liable, a jury awarded monetary damages to the ... ”
“... , etc.) and the date the status was last updated.
Disciplinary Restrictions: Any disciplinary restrictions on the license.
Non-Disciplinary Restrictions: Any non-disciplinary restrictions on the license.
Specialties: This will be blank for physicians. physician licensure is not limite ... ”
“... ormation” refers to any previous or current disciplinary action, as well as limited investigation information as authorized by Sect. 154.054.
Once I have received limited investigation information on a licensee, will the Board notify me of any changes to the investigation status, or th ... ”
“...
In addition, you must:
Not have any history of disciplinary actions toward your medical license.
Not have any criminal history.
Not have any history of controlled substance actions toward your medical license.
Not currently be under investigation.
... ”
“... hat is valid for five years. Audits are non-disciplinary reviews and are conducted as an off-site document review.
Once approved as a “Gold Designated Practice”, no further audits or inspections will be conducted during the clinic’s five-year "Gold Designated Pr ... ”
Description: TMB disciplines 22 physicians at December meeting
Document: ... rd
disciplined
22
licensed physicians.
The disciplinary actions
included
:
four
orders related to unprofessional conduct,
two
orders related to quality of care,
four
voluntary
surrender
s
/revocation
s
,
five
revocation
s
,
one orde
r
related to
nontherapeutic prescribing,
...
Description: TMB suspends Tyler physician (Park)
Document: ... ler
physician
On
December 21
, 2022, a disciplinary panel of the Texas Medical Board temporarily
suspended, with notice, the Texas medical license of
Dana Michael Park
, M.D., (Lic. No.
E2776
)
after determining his continuation in the practice of medicine poses a continuing threat to ...
Description: TMB suspends Houston physician (Win)
Document: ... ton
physician
On
January 12,
2
023
, a disciplinary panel of the Texas Medical Board temporarily suspended,
without notice, the Texas medical license of
Htut Kyaw Win
, M.D. (Lic. No.
M0972
), after
determining his continuation in the practice of medicine poses a continuing threat to ...
Description: TMB suspends San Antonio physician (Fiallo)
Document: ... onio
physician
On
March 14
,
2
023
, a disciplinary panel of the Texas Medical Board temporarily suspended,
without notice, the Texas medical license of
F
r
ancisco Julian Fiallo
, M.D. (Lic. No.
R0393
), after
determining his continuation in the practice of medicine poses a continuin ...
Description: Texas Board of Medical Radiologic Technology suspends Hamilton MRT (Marwitz)
Document: ... ends
Hamilton
MRT
On
March 23, 2023
, a disciplinary panel of the Texas Board of Medical Radiologic Technology
temporarily suspended, with notice, the
Texas medical radiologic technologist
certificate
of
Bonnie Jo Marwitz
, MRT (Lic. No. GMR0
2002938
), after determining
her continu ...
Description: Medical Board 2023 - March - DPRC Committee Minutes
Document: ... to Executive Session for deliberations concerning disciplinary action, investigative information, peer review information, and rehabilitation orders under the authority of the Medical Practice Act Sections 152.009, 160.006 through 160.008, 164.007(c), Texas Occupations Code. Open session resumed at ...
Description: TMB Bulletin March 2023
Document: ... wareness/physicians
-
training
-
program/
6
Disciplinary Actions
The following disciplinary ac�ons have been taken since the
previous bulle�n was issued. To read previous bulle�ns and
news releases, visit:
h�p://www.tmb.state.tx.us/page/news
.
...
Description: TMB suspends Houston PIT (Haden)
Document: ... ends
Houston
PIT
On
April 5
,
2
023
, a disciplinary panel of the Texas Medical Board temporarily suspended,
without notice, the Texas
physician
-
in
-
training permit of Marshall L. Haden, M.D. (Lic. No.
BP10078006)
, after determining his continuation in the practice of medicine poses ...
Description: TMB suspends San Antonio physician (Roth)
Document: ... onio
physician
On
April 10
,
2
023
, a disciplinary panel of the Texas Medical Board temporarily suspended,
without notice, the Texas medical license of
Gregory Scott Roth
, M.D. (Lic. No.
K1916
), after
determining his continuation in the practice of medicine poses a continuing threa ...
Description: Texas State Board of Acupuncture Examiners suspends Houston acupuncturist (Ho)
Document: ... ston
acupuncturist
O
n April 26, 2023,
a disciplinary panel of the
Texas State Board of Acupuncture Examiners
temporarily suspended, with
out
notice, the
Texas
acupuncturist license
of
Huy Xuan Ho
, L.Ac.
(Lic. No.
A
C00986
), after determining
h
is
continuation in the pract ...
Description: TMB suspends Plano physician (Stager)
Document: ... Plano
physician
On
June 1
,
2
023
, a disciplinary panel of the Texas Medical Board temporarily suspended,
without notice, the Texas medical license of
David Richard Stager, Jr.
, M.D. (Lic. No.
J1572
),
after determining his continuation in the practice of medicine poses a continuin ...
Description: TMB suspends Richardson physician (Jones)
Document: ... rdson
physician
On
June
8
,
2
023
, a disciplinary panel of the Texas Medical Board temporarily suspended,
without notice, the Texas medical license of
Wayne Charles Jones
, M.D. (Lic. No.
D6049
), after
determining his continuation in the practice of medicine poses a continuing thre ...
Description: Texas Physician Assistant Board suspends McKinney physician assistant (Langfus)
Document: ... sician
assistant
On
June
9
,
2
023
, a disciplinary panel of the Texas
Physician Assistant
Board temporarily
suspended, without notice, the Texas
physician assistant
license of
Michael Howard Langfus,
P.A.
(Lic. No.
PA01338
), after determining his continuation in the practice ...
Description: TMB suspends Seabrook physician (Husby)
Document: ...
physician
On
September 22
,
2
023
, a disciplinary panel of the Texas Medical Board temporarily
suspended, without notice, the Texas medical license of
Richard Todd Husby,
M.D. (Lic. No.
J4862
), after determining his continuation in the practice of medicine poses a continuing threa ...
Description: TMB disciplines 47 physicians at June meeting
Document: ... d
disciplined
47
licensed physicians.
The disciplinary actions
included
:
eleven
orders related to unprofessional conduct,
nine
orders related to quality of care,
six
voluntary
surrender
s
/revocation
s
,
thre
e
revocation
s
,
three
order
s
related to
nontherapeutic pr ...
“... 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.
“... 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.