Wednesday | November 28, 2007

Another Sunset Review for the Board

The Texas Medical Board (which also includes the Physician Assistant, Acupuncture, and Surgical Assistant Board) will undergo a “special purpose” review for the 81st Legislatative Session in 2009.  The past legislature passed this request at the last day of the session due to concerns expressed by some regarding the Board. 

 

The two general purposes of the review are:

 

1.                  An evaluation of the Board’s management efforts to comply with the legislature’s directives, and;
2.                  Any recommendations the commission considers appropriate based on a review of the Board. 

 

In 2008, the Sunset Commission will review the Board and take public comment regarding the Board.  Its report should be completed just prior to the start of the session.  The report should have findings and recommendations. 

 

Those interested in this process should contact the Sunset Commission.
Posted by Jon at 12:17:22 | Permanent Link | Comments (2) |

Monday | November 12, 2007

Applying for a License? Hurry Up and Wait


 

 

Are you thinking about applying for a license in Texas or getting a training license?  Do you have a job offer and they want you to start soon?  Well, bad news….be prepared to wait. 

 

The reality is it is taking several months for people to get through the licensure process.  Officially, the Board is saying it is taking four months to get a license; what is not said is that is the timeline once all the documents are received.  Add a month or more to the process and that assumes you are organized. 

 

If you have to answer “yes” to anything on the application, such as malpractice history, past criminal record, etc., it will take even longer. 

 

If you are thinking about applying, I would suggest a couple of things:
1.      Be organized.  Get your material together before you apply.
2.      Read the directions carefully.  A minor mistake will derail your application for months.
3.      Follow-up.  The application requires documents be sent by third parties.  Follow-up on those to ensure that documents have been submitted.  It is also critical to follow-up with the Board.
 4.      If you have a problem, get help.  If you have significant issues, you need to get professional assistance from someone with experience before the Board.  Some of the rules, the process, and just getting prepared require the time and attention of someone who has expertise with the system. 

 

Please do not think of attempting to mislead the Board.  Answering “no” when you should answer “yes” will lead to very serious issues should the Board discover the lie.  Generally speaking, the Board will refuse to license a person when they believe they have been misled.  Answering “yes” will take more time and will require additional explanation and documentation; however, explaining a “yes” response is much easier than explaining a “No” response that the Board believes should have been a “yes” response. 

 

Denial of a license is a reportable event to the various data banks, including the National Practitioners Data Bank and the Federation of State Medical Boards.  If you have a license in another state, a denial in Texas could affect your license in the other state. 


Jon Porter can be contacted at www.healthlicensedefense.com

Posted by Jon at 10:12:05 | Permanent Link | Comments (0) |

Thursday | November 08, 2007

Time to Get Finger Printed

Time to Get Finger Printed

 

It will not be long before all Texas physicians will be required to be finger printed in order to renew their license.  If you have renewed your license you know that one of the questions is whether you have been arrested, convicted, or someone involved in criminal activity.  Shocking as it is, some people lie on this question.  Soon, the question will be verified with a finger print check. 

 

As of October 1st, all applicants for a license have been checked.  The method for people within the state has been to go to a private contractor that has contracted with the Board.  The applicant pays $48 dollars and has their finger prints scanned.  Those prints are run through both the Texas Department of Public Safety and the FBI data bases.  The information then gets reported back to the Board in a few weeks. 

 

Don’t be surprised once this is a requirement for renewing your license. 


- Jon Porter can be contacted at www.healthlicensedefense.com

Posted by Jon at 09:36:37 | Permanent Link | Comments (0) |

Monday | November 05, 2007

Need More Common Sense Decisions

 

“Common sense in not a common virtue” is a phrase my father frequency states.  This comment is true when it comes to the regulation of the practice of medicine.  Things that many practitioners believe are common sense are not based on some rules of the Texas Medical Board. 

 

An example is a recent case.  Generally speaking, it was a question of using a prescription amount beyond the recommendations found in the PDR.  The Board alleged that going beyond the PDR amount was not within the standard of care.  However, their own expert said that the use of medication based on the presentation and condition of the patient was within the standard care.  We also had an expert who agreed.  Yet, Board staff continued with its allegations of a violation of the standard of care.

 

We successfully argued before the Board that such an allegation be immediately dropped.  

 

The Board staff also argued the medical records failed to provide a rationale for the treatment.  However, the objective and the subjective information clearly demonstrated the need for the medications.  Again, the Board’s own experts stated they could “infer” the rationale for the use of the medications. Our expert also stated that anyone practicing in this specialty could easily understand the medical records.  Yet, still the Board staff argued otherwise.

 

We were also successful on this argument. 

 

Despite this, we had long discussion on the need for clear documentation of rationale for all treatment.  It is no longer 1+1=2; it is how does 1+1= 2.  In order to protect yourself, it is critical in your medical records to advance a rationale for not only medications, but treatments and even diagnosis. 


- Jon Porter
  www.healthlicensedefense.com

Posted by Jon at 10:35:36 | Permanent Link | Comments (0) |