TEXAS MEDICAL ASSOCIATION HOUSE OF DELEGATES
Resolution 104 (A-05)
Subject: Texas Medical Board
Introduced by: Harris County Medical Society
Referred to: Reference Committee on Financial and Organizational Affairs
Whereas, The Texas Medical Board (TMB) is charged with enforcing the state's Medical Practice Act and investigating complaints against physicians; and
Whereas, The number of complaints filed with TMB are increasing; and
Whereas, For the benefit and protection of the public, physicians support a strong TMB that is vigilant in investigating licensees who breach ethical, professional, and quality-of-care standards; and
Whereas, Physicians named in allegations of minor and sometimes administrative infractions find the process of complying with the board's demands both adversarial and expensive; and
Whereas, The penalties include significant fines and publication of the physician's name in TMB's monthly newsletter, regardless of the nature of the violation; and
Whereas, The penalties for minor infractions are perceived to be overly harsh in terms of disciplinary actions, fines, and publicity; therefore be it
RESOLVED, That the Texas Medical Association study and monitor the Texas Medical Board's disciplinary actions, documenting the application of overly harsh punishments - by fine and publicity - for minor infractions, and suggest alternatives that could be advanced to the board in terms of possible changes in actions that would be more appropriate for minor and administrative violations.
Relevant TMA Policy
175.012 Principles for Sunset of TSBME : General guidelines adopted for advocacy during sunset review of the Texas State Board of Medical Examiners are:
…10. TSBME should focus on violations of the Medical Practice Act and reach out to its licensees and the organizations representing them not only to help determine and evaluate violations but also to establish a fair and consistent manner and method for administering the enforcement process…
TMA House of Delegates: TexMed 2006