Goals for Revised Texas Medical Practice Act with Citings

 

The American Association of Physicians and Surgeons recommends for consideration by members of the Texas Legislature the following goals for adopting legislation which would reform the Texas Medical Board.

 

The elimination of the following:  1) anonymous complaints, especially from insurance companies, hospitals, pharmaceutical companies, attorneys, competitors, and fired or disgruntled employees (Secs. 154.051, 154.053, 154.055, pp. 15-16), require sworn affidavits and disclose identity to physician) 2) anonymous "expert" witnesses (Secs. 154.056 & 154.0561 & 154.058, pp. 16-17), requiring disclosure of experts, require that they be practicing physicians, and require sworn affidavits for reports), 3) Star Chamber proceedings held in secret (Sec 164.003, p.53), allow recording and transcribing), 4) prohibition of notes and recordings in hearings (same), 5) denial of due process to physicians (Sec. 164.001, pp. 51-51), require “clear and convincing evidence” and prohibit practice of medicine of board; (Sec. 164.004, p.55), require right to jury trial for revocations; (Sec. 164.009, p. 56), require de novo review of facts and law), 6) discipline for menial and trivial records' findings (Sec. 164.051, p.57), no discipline for economic or record-keeping violations), 7) intimidation tactics (same), 8) manipulation of assignments to the Informal Settlement Conference (ISC) panels rather than a fair system of random assignments (Sec. 164.0031, p.53), requiring random assignment; (Sec. 154.002, p.12), name and number of times each person served on an ISC panel must be disclosed to the public), 9) forced settlements (Sec. 164.0031, p.54), cannot increase discipline beyond ISC recommendation; (Sec.164.007, p.55), cannot increase discipline beyond ALJ recommendation), and 10) conflicts of interest of the TMB members (Sec. 152.003, p.5), prohibit all types of financial conflicts).

 

We are advocating:  1) the sacredness of the patient/doctor relationship (Sec. 160.005 p.40), confidentiality of records), 2) transparency of charges and proceedings (addressed above), 3) accountability of TMB members for their actions and the removal of blanket immunity for members of the TMB (Sec. 154.055, pp. 15-16)), no immunity for complaints), 4) integrity of the board members in carrying out their responsibilities (addressed above), 5) the acceptance of and giving equal weight to evaluations of a physician's care by physicians other than those chosen as so called expert witnesses by the TMB (Sec. 154.056, p. 17), board may not attach greater significance to board’s expert compared with physician’s expert; (Sec. 154.057, p.17) and 6) the right of physicians and patients to participate in fee for service medical services (Sec. 164.051 p.57), no discipline for fee-for-service).

 

Additional provisions: (Sec. 154.002, p. 12): disclose how many alternative or complementary medicine practitioners were disciplined, (Secs. 154.051, 154.053, 154.055, pp. 15-16), 4 years statute of limitations, require mediation; (Sec. 166.003, p.68, protecting Alternative or Complementary Medicine practitioners)

 

We are also recommending that the Texas Legislature establish an independent, public Texas Medical Board Oversight Committee, the members of which would be appointed by the Texas Legislature, to ensure that that the above legislative changes are enacted by the TMB. (Sec. 152.0021, pp. 4-5) This committee would report its findings to the Texas Legislature. This committee would also receive and evaluate complaints from patients and physicians who feel that the TMB has acted unjustly.