- My TMB |
- Contact Us |
-
-
“Look up a License
Complaint Process
Board Action Search ”
“Join Our E-Mail List
Email: ”
“... elating to a physician against whom three or more malpractice claims have been reported within a five-year period for possible action. “None” or a blank, indicates that there are no actions to report. If action resulted See Current Board Action. ... ”
“... 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-requirements)
& ... ”
“... 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 has been res ... ”
“... ional stem cell treatments shall submit an annual report to the Texas Medical Board that:
(1) sets forth the study's current findings;
(2) specifies the number of patients participating in the stem cell clinical trial(s);
(3) documents the treatment results f ... ”
“... 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, registration or ... ”
“... of your application, and could result in punitive action by the Board.
Prior to applying please review the MRT Documentation Checklist & Eligibility Requirements checklist for an overview of the required documentation and potential eligibility issues.
Apply Online &ndash ... ”
“... of your application, and could result in punitive action by the Board.
Prior to applying please review the RCP Documentation Checklist & Eligibility Requirements for an overview of the required documentation and potential eligibility issues.
License Applicati ... ”
“... of your application, and could result in punitive action by the Board.
Prior to applying please review the LMRT Documentation Checklist & Eligibility Requirements for an overview of the required documentation and potential eligibility issues.
App ... ”
“... of your application, and could result in punitive action by the Board.
Prior to applying please review the NCT Registry Documentation Checklist & Eligibility Requirements for an overview of the required documentation and potential eligibility issues.
&nb ... ”
“... nt to ARRT, they will send you a Candidate Status Report that will include a 90 day examination window.
All examinations consist of a CORE MODULE of 100 questions and 20-25 questions on each category selected. All candidates will take the CORE exam of the examination and one or more of the subsectio ... ”
“... luntary charity care status must still obtain and report continuing medical education, as indicated in Title 22, Part 9, Chapter 186, Subchapter B, Rule 186.19.
To request voluntary charity care status, complete and return the voluntary charity care request form (link below) to Board fo ... ”
“... ough independent self-study. A permit holder must report during registration if she or he has completed the required CE during the previous two years (biennial registration period).
New Human Trafficking Prevention Requirement
House Bill 2059 (86th Legislature) requires ... ”
“... ough independent self-study. A permit holder must report during registration if she or he has completed the required CE during the previous two years (biennial registration period).
New Human Trafficking Prevention Requirement
House Bill 2059 (86th Legislature) requires physicians ... ”
Description: Press Release March 10, 2003 (PDF File)
Document: ... t remains in effect until the board takes further action.
For more information, call Jill Wiggins, Public Information Officer, at (512) 305-7018 or write to: Texas State Board of Medical Examiners MC 251 P.O. Box 2018 Austin, TX 78768-2018 To receive press releases by e-mail: jill.wiggins@t mb.stat ...
Description: Press Release March 10, 2005 (PDF File)
Document: ... d remains in effect until the board takes further action. The Texas State Board of Medical Examiners, the state agency that regulates physicians, physician assistants, surgical assistants and acupuncturists, provides consumer protection through licensure, investigation and disciplinary action. The B ...
Description: Press Release March 11, 2009 (PDF File)
Document: ... uspension remains in effect pending further Board action. This immediate temporary suspension without notice was initiated after the Board found evidence that Dr. Ramahi, who has a history of: prescribing controlled substances to himself and/or family members; being under psychiatric care for addict ...
Description: Press Release March 15, 2011 (PDF File)
Document: ... n remains in effect until the Board takes further action. -30-
Description: Press Release March 18, 2005 (PDF File)
Document: ... are. The suspension is effective immediately. The action was based on the following: On May 24, 2004, Dr. Gilliland was arrested for driving while intoxicated. On his online license renewal on October 6, 2004, Dr. Gilliland provided false information to the Board by responding no to the question, ...
Description: Press Release March 18, 2010 (PDF File)
Document: ... are. The suspension is effective immediately. The action was based on the following findings: On December 4, 2009, Dr. Shiller, while on-call for ophthalmological emergencies at Palestine Regional Medical Center, was observed driving his vehicle into a utility pole. He left the scene and drove off t ...
Description: Press Release March 19, 2008 A (PDF File)
Document: ... are. The suspension is effective immediately. The action was based on Dr. Roberts' abuse of anesthesia drugs. After Dr. Roberts withdrew from a residency program in May, 2007, the Texas Medical Board received a report that he had admitted a history of drug abuse. Dr. Robert's use of an anesthesia dr ...
Description: Press Release March 23, 2004 (PDF File)
Document: ... ts a continuing threat to the public welfare. The action was based upon allegations that Dr. Ruffier acted unprofessionally or dishonorably by performing unnecessary cardiac procedures and that Dr. Ruffier failed to meet the standard of care in the treatment of certain patients. The panel took actio ...
Description: Press Release March 25, 2009 (PDF File)
Document: ... ts a continuing threat to the public welfare. The action was based Dr. Pigott's failure to comply with a previous board order, unprofessional and dishonorable conduct, and impaired mental status. The temporary suspension hearing took place Tuesday, March 24, and the suspension was effective immediat ...
Description: Press Release March 26, 2009 (PDF File)
Document: ... ll remain in effect until the board takes further action. -30-
Description: Press Release March 28, 2006 (PDF File)
Document: ... ts a continuing threat to the public welfare. The action was based on the panels finding that Dr. Torres is a real danger to his patients and to the public because of his admitted physical and mental impaired status and his history of smoking crack cocaine. The temporary suspension hearing took plac ...
Description: Press Release April 01, 2005 (PDF File)
Document: ... re. The suspension was effective immediately. The action was based on the following: On February 18, Dr. Bryan's car was observed by Dallas police officers pulling away from a known crack house. When he failed to signal, an officer activated his red lights and attempted a traffic stop. Dr. Bryan dis ...
Description: Press Release April 02, 2003 (PDF File)
Document: ... tate Board of Medical Examiners took disciplinary action against 43 licensed physicians and one licensed non-certified radiologic technician, who received one or more of the following actions: nine surrender/revocations; four suspensions; 14 restrictions; and six public reprimands. At its February 2 ...
Description: Press Release April 03, 2008 A (PDF File)
Document: ... ined Dr. Basped had violated previous orders. The action was based on Dr. Basped's failure to comply with an agreed order dated April 20, 2007, requiring him to take and pass the Special Purpose Examination (SPEX), a test for basic medical knowledge that physicians should possess, and complete the C ...
Description: Press Release April 05, 2002 (PDF File)
Document: ... ire them. The full board endorsed the committee s action at its meeting Friday. In a major shift in procedure, applicants will be required to submit all documentation with their application when they apply for licensure. In the past, applicants were allowed to submit documentation piecemeal througho ...
“... 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.