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“... of your application, and could result in punitive action by the Board.
The average time to complete an application once it reached the Licensure stage was 41 days in FY 17.
Application Complete
Congratulations! You are ready to be licensed!
A temporary license will be issued if you requested one.
R ... ”
“... cialty;
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.
Please note that ... ”
“... ble investigative information or additional board action reports should be avaliable for download within 5 working days of request. ”
“... as the respondent. If the resulting Expert Panel Report finds the respondent acted in a manner inconsistent with public health and welfare including failure to meet the standard of care -- the case will be forwarded to the Litigation Section for further action. Otherwise, the matter will be recomme ... ”
“... n ever been sued?
Does a physician have to have malpractice insurance?
Can I file a liability claim through the Medical Board against my physician?
How do I file a complaint?
Are complaints public information?
What information is available on a physician’s Profile?
I’m lookin ... ”
“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 ... ”
“... rts: http://orssp.tmb.state.tx.us
Review the report descriptions, including the data file layouts, to determine which report best suits your needs.
In order to purchase and download data reports you will need to create an account by clicking the "Register" link in the top left hand column ... ”
“... 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 to your requ ... ”
“... porting Requirements
Duties of Permit Holders to Report Form
Duties of Program Director to Report Form
FAQs ”
“... MEDICAL BOARD
Verified Information
Current Board Action
Medical Malpractice Investigations
THE INFORMATION IN THESE SECTIONS WAS REPORTED BY THE LICENSEE AND MAY HAVE NOT BEEN VERIFIED BY THE TEXAS MEDICAL BOARD
Self-Reported Information
Specialty Board Certification
Specialties
Educ ... ”
“... on status approximately every 90 days until final action is taken. State law prohibits anonymous complaints. Your email and phone will be verified.
To make a complaint:
Submit your complaint electronically via the Online Complaint Form, or
Print a PDF version COMPLAINT ... ”
“... , the link below will allow a search of any Board action issued (Board order, remedial plan, cease and desist, etc.), including those issued to physicians, physician assistants, acupuncturists, medical radiologic technologists, non-certified radiologic technicians, respiratory care practitioners, me ... ”
“... l verifications also include a description of any action taken by the Board against a licensee.
Data is updated daily and may be considered the most current information available. Access to this computer system is authorized for the automated verification system only. All other access to this comput ... ”
“... 416.
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 Type" dropdow ... ”
“... te agencies subject to audit by the State Auditor report to the State Auditor if there is cause to believe that money received from the state may have been lost, misappropriated, or misused, or that other fraudulent or unlawful conduct has occurred. In addition, Article IX, Section 17.05 of the ... ”
Description: TMB suspends Laredo physician (Vela)
Document: ... on remains in place until the Board takes further action.
Description: Rule Changes December 30, 2007
Document: ... ing 196.2, Surrender Associated with Disciplinary Action, updating language; and 196.3, Surrender Associated with Impairment, updating language. Chapter 198, Unlicensed Practice, amending 198.2, Complaints, to make appropriate updates; and 198.3, Investigation of Complaints, to clarify provisions an ...
Description: Rule Changes December 23, 1997
Document: ... unds for denial of licensure and for disciplinary action, reporting requirements, prehearing procedures and administrative penalties for physician assistants. Chapter 193.1-193.7, Standing Delegation Orders reorganization of the entire chapter, incorporates several legislative changes, deletes old s ...
Description: Rule Changes December 18, 2011
Document: ... §171.6, concerning Duties of Program Directors to Report, with minor changes to the proposed text as published in the September 16, 2011, issue of the Texas Register (36 TexReg 6112). The text of the rule will be republished. The amendment to §171.6 provides that a postgraduate training program dire ...
Description: Rule Changes November 30, 2009
Document: ... and §171.5, relating to Duties of PIT Holders to Report, requires PIT holders to report criminal fines of $250 rather than $100. http://www.sos.state.tx.us/texreg/archive/November272009/adopted/22.EXAMINING%20BOA RDS.html#282 Chapter 172. Temporary and Limited Licenses, with proposed amendments to ...
Description: Rule Changes November 30, 2003
Document: ... 73.1(b)(18)-(21) and add paragraph (25) regarding malpractice information, and outline the timeline for updating the profile following the filing of formal complaints. Chapter 175, Fees, Penalties, and Applications. Amendments to §§175.1, 175.2, and 175.4 regarding biennial registration fees for phy ...
Description: Rule Changes November 07, 2004
Document: ... itutional Permits, Duties of Program Directors to Report Certain Types of Conduct, and Inactive Status. Chapter 172, Temporary Licenses. Creation of new chapter that authorizes the Board to adopt rules relating to granting certain temporary licenses. Chapter 182, Use of Experts. Rule review and amen ...
Description: Rule Changes September 27, 2007
Document: ... timony relates to the standard of care or medical malpractice. Chapter 176, Health Care Liability Lawsuits and Settlements, amending 176.1 Definitions; 176.2 Reporting Responsibilities; 176.4 Timeframes and Attachments; 176.6 Penalty; 176.8 Board Review of Health Ca re Liability Lawsuits and Settlem ...
Description: Rule Changes September 21, 2000
Document: ... -- amendment to §166.2, regarding penalty fee for action taken relating to failure to obtain CME. Chapter 183, Acupuncture - re-write of chapter. Chapter 185, Physician Assistants - re-write of chapter, including substantial changes regarding the number of PAs supervised by a physician. Chapter 187, ...
Description: Rule Changes September 19, 2010
Document: ... Health Program. New §185.27, relating to Duty to Report Certain Conduct to the Board, sets out requirements for physician assistants to report certain events to the PA Board within 30 days of their occurrence. http://www.sos.state.tx.us/texreg/archive/September102010/adopted/22.EXAMINING%20BOA RDS. ...
Description: Rule Changes August 20, 2009
Document: ... le citations in the Professional Liability Claims Report; and §185.26, Voluntary Surrender of Physician Assistant License, updates the language to correctly reflect the title of Chapter 196 of Title 22 of the Texas Administrative Code. http://www.sos.state.tx.us/texreg/archive/July312009/adopted/22. ...
Description: Rule Changes August 10, 2008
Document: ... new rule regarding the "Duties of PIT Holders to Report"; §171.6, Duties of Program Directors to Report, extends from 7 days to 30 days for program directors to report certain matters to the Board, requires reporting of all participants in the training programs, and deletes requirement for annual r ...
Description: Rule Changes July 04, 2012
Document: ... ndment adds that the Board will take disciplinary action if the physician is in violation of §170.002 or Chapter 171, Texas Health and Safety Code. Effective July 8, 2012: CHAPTER 198 STANDARDS FOR USE OF INVESTIGATIONAL AGENTS 22 TAC §198.1 - 198.3 The amendments to §198.1, relating to Purpose, est ...
Description: Rule Changes July 03, 2007
Document: ... ry surrender that is not involved in disciplinary action or impairment to Relinquishment.
Chapter 198, Unlicensed Practice, proposed amendments to 198.1 - 198.7, to establish a procedure for cease and desist orders.
Description: Rule Changes June 28, 2011
Document: ... due to a force majeure, the Committee must defer action until the Committee's next scheduled meeting, yet the provisional license is set to expire before that next Committee meeting will occur. http://www.sos.state.tx.us/texreg/archive/June242011/adopted/22.EXAMINING%20BOA RDS.html#353 Chapter 173, ...
“... required to provide a description of any medical malpractice claim to the TMB for publication on the physician profile. ”
To learn if your physician has been sued, contact the court clerk in the county where your physician practices. Physicians are required to provide a description of any medical malpractice claim to the TMB for publication on the physician profile.
“Texas statutes do not require physicians to carry malpractice insurance. However, malpractice insurance is a requirement for privileges at many hospitals. ”
Texas statutes do not require physicians to carry malpractice insurance. However, malpractice insurance is a requirement for privileges at many hospitals.
“... 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 i ... ”
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.
“... r our agency to receive your DPS/FBI consolidated report. If you used any other service code other than the one assigned to the TMB, those results cannot be disclosed to our agency. Refer to the instructions provided to you by either the Licensure or Registrations Department. ... ”
I was just fingerprinted for another agency. Can you use those fingerprint results?
If you have been previously fingerprinted for another license or by another agency, we apologize for the inconvenience; however you will still be required to submit the fingerprint criminal history background to the TMB. Per Title 28, Code of Federal Regulations (CFR), Section 50.12, FBI fingerprinting reports are only allowed to be used for the purposes requested. Therefore, we are not able to access fingerprint results that were submitted to another agency (other states licenses, CHL permits, other background checks, etc.). Applicants or Texas licensees looking to renew their licensure must use the TMB Service Code and their Board issued 6-digit ID# on the IdentoGo website in order for our agency to receive your DPS/FBI consolidated report. If you used any other service code other than the one assigned to the TMB, those results cannot be disclosed to our agency. Refer to the instructions provided to you by either the Licensure or Registrations Department.
“... amination history, ECFMG certification, and board action history. This information is verified by the FCVS and maintained as a primary source record of a physician's credentials. FCVS will send a standard portfolio to state boards, hospitals, managed care plans, or professional societies at the appl ... ”
What is FCVS? What information do they collect? Would this service benefit my physician licensure application?
The Federation Credentials Verification Service (FCVS) is a service created by the Federation of State Medical Boards to streamline the credentialing and licensing process. FCVS is not a requirement for Texas licensure and is in no way a guarantee of licensure or of an expedited application process in Texas. FCVS will be of the greatest benefit to an applicant who is applying from a school that will not issue multiple sets of documents or will be applying to several other states in addition to Texas. The Federation of State Medical Boards collects information regarding an applicant's identity, medical education, postgraduate training, licensure examination history, ECFMG certification, and board action history. This information is verified by the FCVS and maintained as a primary source record of a physician's credentials. FCVS will send a standard portfolio to state boards, hospitals, managed care plans, or professional societies at the applicant's request. Please note that the Texas Medical Board may require additional documentation in place of or in addition to the documentation provided within the FCVS packet. Please contact the Federation of State Medical Boards directly concerning service fees and processing times.
“All entities in which a physician assistant has an ownership interest, in which the physician assistant performs a professional service that falls within the scope of physician assistant practice, must register annually, regardless of percent of ownership or when they were formed. ... ”
Who has to report a joint ownership, or physician assistant ownership interest?
All entities in which a physician assistant has an ownership interest, in which the physician assistant performs a professional service that falls within the scope of physician assistant practice, must register annually, regardless of percent of ownership or when they were formed.
“Yes. All entities in which a physician assistant has an ownership interest, in which the physician assistant performs a professional service that falls within the scope of physician assistant practice, must register annually, regardless of percent of ownership or when they were formed. ... ”
Do I have to report a joint ownership or physician assistant ownership interest even if my business was formed prior to the implementation of this statute?
Yes. All entities in which a physician assistant has an ownership interest, in which the physician assistant performs a professional service that falls within the scope of physician assistant practice, must register annually, regardless of percent of ownership or when they were formed.
“... garding whether or not your entity is required to report. However, the owners of entities that have not been properly reported can be investigated. ”
How does HB 2098 affect my pain management clinic ownership?
HB 2098 has no effect on the requirement that pain management clinics be owned by physicians. HB 2098, enacted by the 82nd Legislature, allows entities to be jointly owned by physicians and physician assistants subject to certain limitations, including percent of ownership by physician assistants. Tex. Occ. Code, Sec. 167.102(a), requires that a pain management clinic be owned and operated by physicians practicing in Texas under an unrestricted license. An ownership interest by anyone other than a physician is not allowed. Note: The TMB cannot give legal advice. Please consult an attorney if you have questions regarding whether or not your entity is required to report. However, the owners of entities that have not been properly reported can be investigated.
“... /or professional responsibility. A physician must report on the registration form if she or he has completed the required CME. However, newly licensed physicians are exempt from the CME requirements the first time they register. ”
Is a physician required to complete CME to register a license?
Yes. Physicians need to complete at least 24 hours of continuing medical education each year, at least half of which must be in formal courses. One hour of formal CME must be in medical ethics and/or professional responsibility. A physician must report on the registration form if she or he has completed the required CME. However, newly licensed physicians are exempt from the CME requirements the first time they register.
“... tion 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 i ... ”
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.
“... cted; 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 ... ”
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.
“... equested 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.
“... ned 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 i ... ”
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.
“... e provider may maintain a copy of the PMP history report in the patient’s medical record. There is no specific method required for documenting that the PMP has been checked prior to issuing a prescription. Certain electronic medical record systems, for example, may provide other wa ... ”
May I maintain a copy of the PMP history report in the patient’s medical record?
Yes. The provider may maintain a copy of the PMP history report in the patient’s medical record. There is no specific method required for documenting that the PMP has been checked prior to issuing a prescription. Certain electronic medical record systems, for example, may provide other ways to document that the review has been completed.
“The TMB cannot tell providers how to use the information they obtain through the PMP check. Providers should follow the standard of care and utilize the information they gain to make educated and informed prescribing decisions. ”
If I discover a patient is receiving scheduled medication from other physicians, what action must I take? For example, must I immediately terminate the patient or cease prescribing the scheduled medication?
The TMB cannot tell providers how to use the information they obtain through the PMP check. Providers should follow the standard of care and utilize the information they gain to make educated and informed prescribing decisions.