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Texas Medical Board Enforcement Process-File a complaint!

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Texas Medical Board Enforcement Process-File a complaint! Empty Texas Medical Board Enforcement Process-File a complaint!

Post by Admin Fri Nov 01, 2013 7:42 pm

Texas Medical Board Enforcement Process-File a complaint!

Due to the pending suit CM brought against Texas Medical Board to get his license reinstated-I am posting this information for all to send a complaint about Murray.

We need to swarm in the complaints whether it be by emails-pdf form printed and mailed - or phone calls with facts (just quote facts do not lead with emotions and remember to keep it professional). Smile

Texas Medical Board Enforcement Process

The Texas Medical Board receives and reviews over 7,000 complaints a year from patients, patient family members, health care professionals and other sources. After a complaint is received, staff analysts first determine whether the complaint is “jurisdictional.” In other words, is the complaint against someone TMB licenses -- a physician, physician assistant, acupuncturist or surgical assistant? Does the alleged violation fall under the Medical Practice Act? Complaints that are non-jurisdictional may be referred to another agency.

>>>Place a Complaint

If the complaint is jurisdictional, the board begins the process of determining whether there is evidence to support an allegation that there has been a violation of the Medical Practice Act. Examples of violations include inappropriate prescribing, incorrect diagnosis, or a medical error that may or may not have resulted in an injury to a patient.

PRELIMINARY EVALUATION

During the initial review of the allegations in a complaint, conducted in the first 45 days after receiving the complaint, TMB staff may attempt to contact both the complainant and licensee.

Complaints involving administrative matters, such as requests for medical records, are reviewed by a TMB attorney-investigator. Complaints involving medical care issues are reviewed by a TMB physician-investigator.

If the information provided in the complaint does not state a specific allegation regarding the licensee that would constitute a violation of the Medical Practice Act, and/or the information provided by the licensee during this review shows that no violation occurred, no investigation is opened. For statistical purposes, the case is classified as “Jurisdictional, not Filed.”

INVESTIGATIONS

When an investigation is opened on a complaint, the case is classified as “Jurisdictional, Filed” and the licensee (called the “respondent”) is informed of the alleged violation(s) and asked to provide additional information. Information may also be subpoenaed from other sources, such as hospitals and pharmacies. TMB has investigative staff working throughout the state. TMB is authorized under HIPAA to obtain medical records without the patient’s consent.

If standard of care/treatment violations are at issue, all relevant information, including medical records, will be reviewed by at least two members of the TMB Expert Panel who are board-certified in the same or similar medical specialty as the respondent. If the resulting Expert Panel Report finds the respondent acted in a manner inconsistent with public health and welfare – including failure to meet the standard of care -- the case will be forwarded to the Litigation Section for further action. Otherwise, the matter will be recommended for dismissal. For administrative or other non-medical care violations, information is gathered from other sources besides the respondent if applicable.

At the end of an investigation, a case may be referred for dismissal to the board’s disciplinary process review committee (DPRC) or for further evaluation by a Quality Assurance (QA) Panel, consisting of up to five board representatives. Under certain conditions, a third option is to offer the licensee a remedial plan, which is a corrective action taken by the board that is considered non-disciplinary.

PHYSICIAN HEALTH PROGRAM

In addition to the above, some cases that deal solely with issues of physical or mental impairment may be referred to the Texas Physician Health Program for evaluation and resolution. This may occur at any point during the investigative process. (Click TXPHP for more information.)

QUALITY ASSURANCE PANEL

The QA Panel reviews cases forwarded by the Investigations Department and may request that an additional investigation be conducted on a case, refer the case to the Litigation Department for a possible informal settlement conference (hearing before a disciplinary panel), refer the case to the board’s disciplinary process review committee for dismissal or offer the licensee a remedial plan. The licensee can accept the remedial plan offer or request an ISC hearing.

INFORMAL RESOLUTION

Once a case is moved into the Litigation Section, it is assigned to a staff attorney and scheduled for an Informal Settlement Conference/Show Compliance proceeding before a panel composed of two representatives of the appropriate board, i.e., Medical, Physician Assistant, or Acupuncture Boards. Medical Board panels always include one physician and one public member, unless the respondent waives that requirement.

The purpose of the ISC hearing is to provide an informal forum for the panel to review the information and for the licensee to show that he or she is in compliance with the Medical Practice Act. The complainant may also attend the ISC.

If the panel finds there was no violation of the Medical Practice Act, it refers the case to the board’s disciplinary process review committee for consideration of dismissal. If the panel finds a violation, it may offer an agreed order setting out the sanctions and terms to be imposed on the respondent. For certain types of minor violations, the panel may offer a remedial plan which is a corrective action that is considered to be non-disciplinary.

Disciplinary orders may include, but are not limited to, the following:
•Restricting the licensee from performing certain procedures or practices
•Requiring additional training or medical education
•Requiring a chart monitor or other practice monitor
•Requiring compliance appearances before members of the board
•Referring the respondent to the Texas Physician Heath Program
•Requiring participation in rehabilitation or behavioral health programs
•Requiring abstention from drugs and alcohol
•Requiring drug testing
•Requiring participation in AA or similar programs
•Prohibiting a licensee from treating certain types of patients
•Assessing an administrative penalty (a fine)
•Issuing a public reprimand

Approximately 90 percent of all disciplinary actions that TMB takes are resolved through the informal processes described above.

FORMAL RESOLUTION AT THE STATE OFFICE OF ADMINISTRATIVE HEARINGS

If a solution cannot be reached through an agreed order or a remedial plan, the case is assigned to a TMB staff attorney who will handle the case at the State Office of Administrative Hearings (SOAH). A TMB case that is filed with SOAH is called a formal complaint, since it is a complaint against a licensee that is formally filed at SOAH.

The case is heard by an Administrative Law Judge at SOAH, who subsequently will present a Proposal for Decision to the board. The board then issues an order that may include sanctions, or it may dismiss the case. Once the board enters a final order, the respondent may appeal the decision to a Travis County District Court. The board may also appeal the decision in certain circumstances.

In addition to the ISC and SOAH processes that may result in disciplinary orders, TMB may issue a temporary suspension order to remove a physician from practice immediately, if the board determines the physician’s practice is a continuing threat to patients or to the public. Temporary suspension hearings may be held without notice to the physician, followed afterwards by another hearing with notice.

In order to permanently remove a licensee from practice, through revocation of the license, TMB must either file the case with SOAH or the licensee must sign an agreed order of surrender of the license.

COMPLIANCE

Once a licensee is placed under a board order, a Compliance Officer monitors the licensee to ensure the terms of the order are being met. If the violations include substance abuse and the order requires drug testing, TMB has a rigorous drug testing program to hold respondents accountable for complying with the board’s order. Any violation of an order may lead to further disciplinary action, up to and including suspension or revocation of the license.

REPORTING DISCIPLINARY INFORMATION

As mandated, TMB reports to the National Practitioner Data Bank all required disciplinary actions, including but not limited to any suspension, revocation, or public reprimand.

TMB disciplinary actions are also made public. Names and summaries of any type of order approved by the board (agreed order, temporary suspension order, etc) are distributed in news releases, published in the TMB Bulletin, and are included in the licensee’s profile, which is available through the TMB web site. Since remedial plans are not disciplinary actions, they are made publicly available on a physician’s profile, but are not reported in the newsletter or in press releases.

[You must be registered and logged in to see this link.]

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Place a Complaint

The Board investigates complaints against physicians, physician assistants, acupuncturists and surgical assistants.

If you wish to complain to the Board, please do so in writing. Provide full name and practice address of practitioner. Also, provide dates and details of any incident, being as specific as possible. The Board will acknowledge receipt of your complaint. If your complaint is within the Board's jurisdiction, it will be assigned for proper study. Complainants are advised of an investigation status approximately every 90 days until final action is taken.

To place a complaint:


Submit your complaint electronically via e-mail, or

Print the PDF version of the complaint form and mail it in, or

Call the Complaint Hotline 1-800-201-9353 and follow the automated prompts to request a complaint form.

Some patients' complaints do not fall within the Board's jurisdiction and should be directed to the local medical or osteopathic society. Complaints against other health care providers (nurses, dentists, pharmacists) or hospitals should be forwarded to the appropriate state licensing authorities. It is important to understand that the legislature has defined only certain events as violations. While the Board cannot investigate any complaint that is not within its jurisdiction, all complaints received are read and evaluated.

For more information on the Texas Medical Board Enforcement Process, go to [You must be registered and logged in to see this link.]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
There are 3 ways to file a complaint against Conrad Murray:

>>>Here is what the complaint by EMAIL looks like-the link included:

TMB Complaint Form

Fields marked with an * are required to submit the form.


COMPLAINT REGISTERED AGAINST:

Name of Practitioner *

Address *

City, State, Zip code *

Business phone number *

PERSON REGISTERING COMPLAINT:

Name *

Address *

City, State, Zip code *

E-Mail Address *

Verify E-Mail address *

Home phone number *

Business phone number

Patient/Person Harmed by Practitioner *

Date of Birth (mm/dd/yyyy) *

DETAILS OF COMPLAINT:

1. Describe your complaint in detail and the events that led to your complaint.

Include dates and location of treatment, medications prescribed. (* required)

2. Have you received a second opinion from another physician? Yes No

If so, please give: Name of Physician:

Physician's Address:

I have read the preceding, and it is true to the best of my information and belief. I understand that if I do not provide a name or a source this complaint will not be processed.
If my complaint would be more appropriately addressed by a different agency or society, I authorize TMB to forward my complaint to that agency or society.

[You must be registered and logged in to see this link.]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Here is the pdf file to (print out and mail) of the complaint form link: [You must be registered and logged in to see this link.]

Print, complete and mail to:
Texas Medical Board
Investigations Department, MC263
P.O. Box 2018
Austin, TX 787682018
For additional information, please visit
[You must be registered and logged in to see this link.] or call
(512) 3057100

Note: read this whether you use this format or not-has lots of info.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

>>>Call the Complaint Hotline 1-800-201-9353 and follow the automated prompts to request a complaint form. (If you need one mailed to you).

This will be posted in another thread as well.

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Post by Admin Fri Nov 01, 2013 8:25 pm

TMB PDF FILE OF MURRAY REVOKED MD LICENSE:

[You must be registered and logged in to see this link.]

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Post by Capricious Anomaly Fri Nov 01, 2013 8:42 pm

GREAT JOB ADMIN! I will be printing the pdf and mailing it this weekend!!

#NoMD4Murray

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Post by midangerous Fri Nov 01, 2013 9:48 pm

I'm thinking about filing an email complaint but I just got one question, I would have to put down personal info like my phone number and address?
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Post by MJ Mod Tue Nov 05, 2013 1:55 pm

I printed out and filled out a complaint. I'm going to mail it tomorrow.
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Post by midangerous Tue Nov 05, 2013 7:05 pm

Well, I filled out my complaint form and sent it.
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Post by Admin Tue Nov 05, 2013 7:26 pm

Good job guys! I am still putting mine together-will take time with all I am sending the TMB.

So proud of my MJ Fan~mily!!

Texas Medical Board Enforcement Process-File a complaint! 1965541534 

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Post by Admin Mon Nov 18, 2013 6:59 pm

Anybody else done with this yet?
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Post by WeAreTheWorld. Mon Nov 18, 2013 11:04 pm

I mailed in a complaint form about a week ago.
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Post by MJ Mod Mon Nov 18, 2013 11:07 pm

I have also sent a complaint by mail.
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