Handling investigations of the Texas State Board of Medical Examiners

Russell G. Thornton, JD

The Texas State Board of Medical Examiners has the authority to investigate its licensees, including physicians, to determine whether the Medical Practice Act ("the Act") has been violated. Violations of the Act include practice inconsistent with public health and welfare (generally a failure to act in accordance with the standard of care), unprofessional and dishonorable conduct, disciplinary actions against a licensee by another state board or peer group, repeated and recurring meritorious health care liability claims against a licensee (3 or more claims in any 5-year period), and crimes by a licensee that involve moral turpitude. If a violation is determined to exist, the board can impose penalties that include reprimands, administrative fines, and license restriction, suspension, and revocation.