Texans for Patients & Pysicians Rights

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Lawsuit - TX Medical Board

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Contact your representatives and help protect your rights. Important Information for Texas Residents regarding the Texas Medical Board

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Law and Legislation

This 2011 reform of the Texas Medical Practice Act is motivated by the need for (1) more transparency and accountability and (2) reducing time spent by the Board on frivolous, malicious and/or anti-competitive complaints. In short, this reform strengthens the Board with respect to serving and protecting public health.

Proposed Texas Medical Practice Act Revisions
Texans for Patients’ and Physicians’ Rights

  1. Elimination of confidential and/or anonymous complaints, and the accused physician shall receive a copy of the complaint.
  2. No more anonymous and/or confidential complaints from pharmaceutical, insurance companies, competitors, disgruntled employees or angry spouses.
  3. Prohibition of conflict of interests by TMB members.
  4. The TMB’s authority to discipline based on non-therapeutic care shall be limited to instances where there is a likelihood of harm to a patient.
  5. The TMB can use as experts only actively practicing physicians, who review the record with the name of the accused physician withheld.
  6. Physicians may practice medicine in any manner taught by a course accredited by the Accreditation Council for Continuing Medical Education, the AMA or the AOA.
  7. The TMB may not direct any physician on how to practice of medicine.
  8. If requested, the TMB shall record the ISC and maintain the recording as part of the record, and assignment of ISC panel members shall be done randomly.
  9. A reasonable 45-day period for physicians to respond to complaints.
  10. A statute of limitations of 7 years with respect to filing complaints.
  11. Like attorneys, physicians shall be entitled to a right to a jury trial if their license is revoked.
  12. The Texas Medical Board shall annually disclose a list of who participated, and how often, on its ISC panels.
  13. The board shall dispose of a contested case by issuing a final order based on an administrative judge’s findings of fact and conclusions of law.

Download and Read:
Bill: H.B. 1013

You may visit the website of the Texans for Patients’ and Physicians’ Rights (TXPPR), www.txppr.com, to read the entire bill, which contains the underlined changes, and to review the more complete analysis of the changes which are being proposed.