Open Records Request to the Texas Medical Board (TMB)

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July 31, 2007

All questions below, which relate to the complaints are other information, cover the time period between January 1, 2003 and July 31, 2007, totaling 55 months.

1.       How many complaints have been filed in the past 55 months, by month?

Regarding Anonymous Complaints

2.       Of those complaints, how many were anonymous? How many were not anonymous?

3.       Of those anonymous complaints, how many complaints were made by a third party citing specific patients in the complaint?

4.       How many anonymous complaints were made on behalf of a patient or patients without their consent or knowledge?

5.       How many were filed by patients?

6.       How many were filed by insurance companies?

7.       How many filed by pharmaceutical companies?

8.       How many were filed by other doctors?

9.       How many were filed by hospital administration?

10.    How many were filed by a business or organization other than those already mentioned?  List them.

11.    How many of each of these classes of anonymous complaints were dismissed with no Informal Settlement Conference (ISC)?

12.    How many of each of the above classes were referred to ISC?

13.    How many of those cases which were referred to ISC were dismissed there? Please list by class.

14.    What criteria are followed when accepting third party anonymous complaints? These would be complaints that are filed citing patients without their consent or participation in the complaint.

15.    What policies or criteria are used to determine that anonymous complaints are not being filed simply to harass a physician whom the third party complainant has some disagreement with?

16.    What is the TMB policy regarding third party anonymous complaints when the third party complainant is alleging wrong doing, but the patient(s) being cited in the complaint are denying the allegations in the complaint?

17.    Cite the TMB rules, policies, and state and federal laws that extend anonymity to third party complainants.

Regarding Non Anonymous Complaints

18.    How many were filed by patients?

19.    How many were filed by insurance companies? List them.

20.    How many filed by pharmaceutical companies? List them.

21.    How many were filed by other doctors? List them.

22.    How many were filed by hospitals? List them

23.    How many were filed by a business or organization other than those already

      mentioned?  List them.

24.    How many of each of these classes of non anonymous complaints were dismissed with no Informal Settlement Conference (ISC)?

   25.  How many of each of the above classes were referred to ISC?

   26. How many of those cases which were referred to ISC were dismissed there?

Panel Selection and Communication

26.    Is the selection of panel members selected to be on the ISC a purely random process?  Can a TMB member request to be on a particular ISC panel?

27.    Describe precisely how the panel members are selected to be on the ISC in each case.

28.    Can a TMB member pick who the lay member of the panel will be on a given ISC?

29.    Are ISC panel members allowed to discuss cases with other TMB members prior to the TMB’s consideration of a case?

30.    Describe the policy concerning contact and discussion between ISC panel members and prosecuting attorneys with respect to a case.

31.    Provide TMB guidelines or policy documents concerning the method of determining whether a TMB member serving on the ISC panel has a conflict of interest with the physician who is subject to possible discipline.

Additional Questions

32.    How many doctors had their complaints dismissed prior to the ISC?

33.    How many doctors had their complaints dismissed at the ISC?

34.    How many doctors did not have their complaints dismissed at the ISC?

35.    How many doctors, whose complaints were not dismissed at the ISC, chose to argue their case before the State Office of Administrative Hearings (SOAH)?

37. How many doctors had their complaints dismissed at the SOAH?

38.    How many doctors did not have their complaints dismissed at the SOAH?

39.    How many doctors sought remedy in the State Court System?

40.    How many doctors who sought remedy in the State Court System had their complaints dismissed?

41.    How many doctors who sought remedy in the State Court System did not have their complaints dismissed?

42.    What guidelines do you have in place to prevent sham peer reviews?

43.    Have you been given a “watch” or targeted list of "alternative medicine" doctors or other doctors whom you have decided to investigate? Please provide this list. Name the organization that gave you the list.

44.    Has anyone affiliated with the TMB been in contact with an organization known as Quack Watchers? If yes, then list the names of those individuals.

45.    Have you prepared a “watch” or targeted list of "complementary or alternative medicine" doctors or other doctors whom you have decided to investigate? Please provide this list.

46.    Provide the TMB's definition of "complementary or alternative medicine" and how the TMB determines if a physician is practicing it.

47.    How many attorneys have left the TMB in the past 55 months? What are their names? List their contact information and the date of their effective resignation.

48.    How many investigators have left the TMB in the last 55 months? Please list their contact information and the date of their effective resignation.

49.    How many TMB members have resigned in the last 55 months?  Please list their contact information and the date of their effective resignation.

50.    Which TMB members were not reappointed in the last 55 months, and did any serve past their appointment period?  If so, which ones?

51.    Provide a list of all reviewing medical experts.

52.    Describe the policy used to select medical experts.

53.    List the specialty and credentials of each of the expert doctors.

54.    What is the TMB’s written policy for conflicts of interest regarding medical experts?

55.    What is the TMB’s written policy for conflicts of interest with members of the TMB?

56.    What financial information are your expert doctors required to divulge to the TMB?

57.    What affiliation information are your expert doctors required to divulge to the TMB?

58.    What information about outside interests are TMB members required to submit to the TMB?

59.    Have any current members of the TMB or the expert doctors on the panel served on any TMB or committees of insurance companies, pharmaceutical companies, or hospitals? If so, then list them, the dates of service and stipulate whether they were paid for those services and how much they were paid.

60.    Do any members of the TMB or the expert doctors on the panel serve on any boards or committees of insurance companies, pharmaceutical companies, or hospitals? If so, then list them, the dates of service and stipulate whether they are paid for those services and how much they are paid.

61.    Do any members of the TMB or the expert doctors on the panel participate in research studies for pharmaceutical companies? If so, then list them and stipulate whether they are paid for those services and how much they are paid.

62.    Have any members of the TMB served as expert witnesses in legal proceedings while on the TMB, in the past 55 months?  If so, then list them and stipulate how much they were paid, and against whom they testified.

63.    Provide a list of all other open records requests the TMB has received since January 1, 2003.

64.    Of the open records requests that were received by the TMB since January 1, 2003, please provide a list of the requests which were denied or to which there was no response made.

65.    Provide the list of doctors targeted by the TMB for investigation who currently do not have complaints filed against them.

66.    Provide all correspondence between TMB, including members, executive director or employees, and insurance companies, pharmaceutical companies, drug store companies and hospitals, or hospital holding companies or corporations since January 1, 2003.

67.    Provide all correspondence, including e-mails, between and/or among members of the TMB since January 1, 2003.

68.    Provide all correspondence, including e-mails, between Don Patrick and insurance companies, insurance company trade groups, insurance company attorneys, or insurance company investigators since January 1, 2003.

69.    Provide all correspondence, including e-mails, between Don Patrick and the Federation of State Medical, any of its employees, TMB members, or directors since January 1, 2003.

70.    Provide all correspondence, including e-mails between Don Patrick and the directors, members or staff of Quack Watch.

71.    Provide all correspondence, including e-mails between Don Patrick and the Stephen Barrett.

72.    Provide all correspondence, including e-mails, between members and staff of the TMB and the directors, members or staff of Quack Watch.

73.    Provide all correspondence, including e-mails, between members and staff of the TMB and Stephen Barrett.

74.    Provide a list of all meetings which Don Patrick has attended since 2003.

75.    Provide all information on the annual budget and expenditures of the TMB.

76.    Provide a list of all physicians, with contact information, who have been investigated by the TMB since January 1, 2003.

77.    Provide a list of TMB cases against physicians where an insurance company or insurance industry affiliated attorneys provided advice, counsel, or any other type of assistance to TMB attorneys or the TMB at any stage of the case.

78.    Cite the TMB rules and regulations that allow the TMB to accept and utilize participation of insurance company or insurance company affiliated attorneys in the investigation and preparation of cases against physicians.

79.    Provide a list of TMB cases against physicians where a pharmaceutical company or pharmaceutical industry affiliated group of attorneys provided advice, counsel, or any other type of assistance to TMB attorneys or to the TMB at any stage of the case.

80.    Cite the TMB rules and regulations that allow the TMB to accept and utilize participation of pharmaceutical company or pharmaceutical company affiliated attorneys in the investigation and preparation of cases against physicians.

81.    Provide a list of all physicians who were disciplined by the TMB since January 1, 2003, including the basis for discipline, the details of the discipline, including the amount of fines, and their contact information.

82.    Provide a list of all physicians who prevailed in whole or in part before the State Office of Administrative Hearings (SOAH) proceeding, but who were then disciplined by the TMB anyway, including the basis for discipline, the details of the discipline, including the amount of fines, and their contact information.

83.    Does the TMB member on an ISC panel have the authority to add additional restrictions on a physician beyond what he and the other ISC member agreed to propose at the ISC?

84.    Do panel members of the ISC discuss a case with each other before they hear from the physician and his attorney?

85.    Provide the TMB’s guidelines or policy documents concerning a TMB-initiated complaint and investigation against a physician filed under TMB Rule 178.4(b).

86.    Provide the complaint notice letters submitted to physicians since January 1, 2003 resulting from the TMB filing a complaint on its own initiative under TMB Rule 178.4(b).

87.    Provide the TMB’s guidelines or policy documents concerning a TMB member’s ability to initiate a complaint against a physician.

88.    Provide the TMB’s guidelines or policy documents that are submitted to an expert panel member for purposes of investigating a complaint against a physician.

89.    Provide the TMB’s guidelines or policy documents that are submitted to an expert panel member discussing who or what organizations, business entities, etc., if any, the expert panel member may correspond with during the investigation of a complaint against a physician.

90.    Provide the TMB’s guidelines or policy documents concerning the determination of whether a complaint filed against a physician is jurisdictional and therefore should be subject to formal investigation by the TMB.

91.    Provide the TMB’s guidelines or policy documents relied upon by the Disciplinary Process Review Committee in determining whether a complaint should be pursued or dismissed, and whether a TMB member serving on the Disciplinary Process Review Committee has a conflict of interest with the physician subject to possible discipline.

92.    Provide a copy of all Texas Public Information Act requests filed with the TMB by the Austin American-S