Jonah Patel
The Texas Medical Board (TMB) is responsible for overseeing the actions of medical professionals, receiving thousands of malpractice complaints annually. The TMB has a team of analysts who determine whether a complaint is jurisdictional and whether it relates to a violation of the Medical Practice Act. Disciplinary actions are corrective measures imposed in response to medical misconduct, rule violations, or poor performance. Disciplinary action may include restrictions on treating certain patients or performing certain procedures, additional training, participation in drug rehabilitation programs, suspension or revocation of a medical license, and administrative fines. While the state has treated violations of the Medical Practice Act as a felony offense, this interpretation has been challenged, with some arguing that violations should be classified as misdemeanors.
| Characteristics | Values |
|---|---|
| Practicing medicine without a license | Third-degree felony |
| Practicing in a field of medicine where the doctor is underqualified | N/A |
| Disclosing sensitive patient information without authorization | N/A |
| Failure to properly retain medical records | N/A |
| Unethical patient recommendations and solicitation | N/A |
| Performing surgery while intoxicated | State jail felony |
| Poor treatment or violations of care standards | N/A |
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What You'll Learn
Practising medicine without a license
In Texas, practising medicine without a license is a serious felony offence. The Texas Medical Board (TMB) is responsible for overseeing the actions of medical professionals and receives thousands of malpractice complaints each year.
Texas law defines the practice of medicine as extending beyond diagnosing illnesses and prescribing medication. It includes any act that implies that an individual is licensed and qualified to practise medicine or surgery. This includes offering to treat diseases, physical conditions, or disorders through any medium, such as in-person consultations or digital communications. Advertising one's services as a physician or presenting oneself to the public as a physician, doctor, or surgeon without a license is also prohibited.
However, there are exempted acts that do not constitute the practice of medicine. These include applying home remedies, offering general opinions, and writing about medical options. Providing educational information, general wellness advice, or non-specific health recommendations are also not considered the practice of medicine.
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Disclosing sensitive patient information
In Texas, disclosing sensitive patient information without authorization is a violation of the Medical Practice Act. The Texas Medical Board (TMB) is responsible for overseeing the actions of medical professionals and receives thousands of malpractice complaints annually.
The Health Insurance Portability and Accountability Act (HIPAA) and the Texas Medical Records Privacy Act (TMRPA) protect an individual's identifiable health information from being disclosed without their consent. Under these laws, patients have the right to know how their personal health information (PHI) will be used and shared. Providers must give written notice of how PHI will be used and shared, and patients have the right to request that their information not be shared with certain entities.
If a patient's PHI is used or disclosed without their authorization, it may constitute a violation of HIPAA or TMRPA. Patients can file a complaint with the Texas Attorney General's Office, which is required by law to prepare a report of all medical privacy complaints received. The Texas Medical Records Privacy Act also requires the Attorney General to adopt a standard Authorization to Disclose Information form.
The consequences of disclosing sensitive patient information without authorization can be severe. Disciplinary actions for medical misconduct or rule violations may include restrictions on treating certain patients or performing specific procedures, additional education or training requirements, participation in behavioural health programs, and even suspension or revocation of a medical license in extreme cases.
It is important to note that there are some exceptions to these laws. For example, employers, insurance companies, and certain other entities are partially exempt from the Texas Medical Records Privacy Act. Additionally, a patient's PHI can be shared without their authorization if it is related to their treatment, payment, healthcare operations, or performing specific insurance or healthcare maintenance organization functions.
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Poor treatment or care standards
Upon receiving a complaint, the TMB's team of staff analysts determines whether the accusation is jurisdictional. If the complaint is against a TMB-licensed medical professional and relates to the alleged violation of the Medical Practice Act, it is considered jurisdictional. If the Board concludes it has jurisdiction over the complaint, it will then determine whether there is evidence to support the allegation. If the TMB determines that the Medical Practice Act may have been violated, the matter is classified as "Jurisdictional, Filed," and an investigation is formally launched.
Complaints involving medical care issues, such as poor treatment or care standards, are investigated by a physician-investigator. Disciplinary actions are corrective measures imposed in response to medical misconduct, rule violations, or poor performance. Depending on the nature of the offense, disciplinary action can include restrictions on treating particular patients or performing certain operations, additional education or training, participation in drug rehabilitation or behavioral health programs, or suspension or revocation of a medical license in severe cases.
Practicing medicine without a license is considered a felony in Texas, and violations of the Medical Practice Act can result in criminal penalties. Criminal penalties for violations of the Act are outlined in Subchapter D, with a general criminal penalty statute stating that any violation of the Act is a criminal offense. If no penalty is specified, the offense is classified as a Class A misdemeanor.
Physicians treating chronic pain patients or prescribing large volumes of narcotic pain medications should be aware of the increased scrutiny by the TMB and the Drug Enforcement Administration (DEA). Violations of pain clinic legislation and non-therapeutic prescribing practices can result in negative consequences for a physician's ability to practice, including the loss of DEA controlled substance certification and restrictions on their practice.
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Unethical patient recommendations
In Texas, the Texas Medical Board (TMB) is responsible for overseeing the actions of medical professionals and receives thousands of malpractice complaints annually. Unethical patient recommendations are one of the most common complaints, along with poor treatment and violations of care standards.
- Withholding pertinent medical information from patients without their knowledge or consent. While physicians need not communicate all information at once, they should provide enough information for patients to make informed choices about their treatment. Withholding information in the belief that disclosure is medically contraindicated is known as "therapeutic privilege" and creates a conflict between the physician's obligations.
- Failing to tailor the quantity and specificity of information to meet the preferences and needs of individual patients.
- Sexual abuse of patients.
- Criminal prescribing of controlled substances.
- Recommending unnecessary invasive procedures.
In Texas, if the TMB receives a complaint about a TMB-licensed medical professional, it will first determine whether the complaint is jurisdictional, i.e., whether it falls within the scope of the TMB's power. If so, the Board will then assess whether there is evidence to support the allegation. If the TMB determines that the Medical Practices Act may have been violated, it will formally launch an investigation. Disciplinary actions for unethical patient recommendations can include restrictions on treating certain patients or performing specific operations, additional education or training, participation in treatment programs, suspension or revocation of a medical license, and administrative fines.
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Performing surgery while intoxicated
In Texas, the practice of medicine is considered a privilege and not a natural right. The Texas Medical Board (TMB) is responsible for overseeing the actions of medical professionals and receives thousands of malpractice complaints annually.
The TMB has a team of staff analysts who, upon receiving a complaint, determine whether the accusation is "jurisdictional." If the Board concludes that it has jurisdiction over the complaint, it will determine whether there is evidence to support the allegation. If there is sufficient evidence, the matter is classified as ""Jurisdictional, Filed," and an investigation is launched.
One specific violation of the Medical Practice Act in Texas is performing surgery while intoxicated, as outlined in Texas Occupations Code Section 165.1535. In this context, "intoxicated" is defined by Section 49.01 (Definitions) of the Penal Code. Disciplinary actions for violations of the Medical Practice Act can vary depending on the nature of the offense and may include restrictions on performing certain procedures, additional education or training requirements, participation in rehabilitation programs, administrative fines, or even suspension or revocation of a medical license in severe cases.
It is important to note that the TMB takes violations of the Medical Practice Act seriously and works to protect the public interest by regulating the practice of medicine in Texas.
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Frequently asked questions
The Medical Practice Act in Texas is a set of laws and regulations that govern the practice of medicine in the state. The Texas Medical Board (TMB) is responsible for overseeing and enforcing these laws, which include licensing requirements, standards of care, and disciplinary actions for violations.
Violations of the Medical Practice Act in Texas can include a range of issues, such as practising medicine without a license, disclosing sensitive patient information without authorization, failing to properly retain medical records, unethical patient recommendations, and providing substandard care.
The consequences of violating the Medical Practice Act in Texas can vary depending on the severity of the offense. Disciplinary actions may include restrictions on treating certain patients or performing specific procedures, additional education or training requirements, participation in rehabilitation programs, suspension or revocation of medical licenses, and administrative fines. In some cases, criminal charges may also be filed, ranging from misdemeanours to felonies.
Anyone can file a complaint about a potential violation of the Medical Practice Act in Texas, including patients, family members, and other medical professionals. The TMB receives thousands of malpractice complaints annually and has a team of staff analysts who review and investigate these complaints to determine if a violation has occurred.
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