Two Board members resigned.  Dr. Keith Miller and Dr. John Pate.  Below is the article on Miller’s resigning from the Austin-American Statesman. 

Medical board member resigns, cites expert witness law

Miller angered some doctors as head of enforcement committee.

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By Mary Ann Roser
AMERICAN-STATESMAN STAFF
Saturday, September 08, 2007

A member of the Texas Medical Board has resigned, telling Gov. Rick Perry that a new law forbidding board members from being expert witnesses in malpractice lawsuits was the cause.

Dr. Keith Miller of Center, whom Perry appointed in 2003, said he has served as an expert for both sides in malpractice cases and believes he should step down to avoid any conflicts of interest.

Miller, 50, wrote in his Aug. 30 resignation letter to Perry: “I feel that it is important for all physicians to participate in this process to ensure that courts will have available to them expert witnesses of such integrity and character that they will always give nothing but accurate and fair opinions.”

Unfortunately, he said Friday, being on the 19-member board and working as an expert witness “don’t mix well.”

Miller had told the American-Statesman earlier this year that he planned to abide by a board rule restricting expert witness work by board members.

It would have allowed board members to act as experts, provided at least a board committee approved it.

But a law passed by the Legislature later this year went further, banning the practice altogether. The board adopted the law as a rule last month.

With permission from at least a board committee, board members can still act as experts in cases that don’t involve malpractice, said Bob Simpson, the board’s general counsel.

As former chairman of the board’s enforcement committee, which hears disciplinary matters involving doctors, Miller has been a target of some doctors who said he was harsh, rude and “out to get” certain kinds of doctors.

Among the critics is Andy Schlafly, general counsel for the Association of American Physicians and Surgeons - which he said has 4,000 doctors as members - and the son of the famous conservative Phyllis Schlafly. He cheered Miller’s resignation.

Miller said the criticism was off-base and added that the complaints by several doctors, including a few who had been disciplined by the board, had no bearing on his leaving. Doctors involved in reviewing their peers can expect such accusations, he said.

Simpson, the board’s lawyer, said: “The vast majority of our investigations and disciplinary actions are based on complaints we received. We are not targeting anybody we conduct investigations against.”