Allegations That Can Harm Your Medical License

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( — July 27, 2022) — It’s natural for doctors to be proud of their hard work and accomplishments. Still, with growing concerns about medical errors and the healthcare system in general, they should also be aware that their license can be at risk if they make the wrong choices.

A medical license protects the public by regulating who can practice and ensuring that only qualified individuals can provide medical services. State medical license boards are in charge of licensing and investigating physicians.

Sexual Misconduct

Allegations of sexual misconduct can trigger temporary license suspensions. If a physician is found in violation of the state’s laws, their license may be revoked entirely.

If a doctor is accused of sexual misconduct and the board believes there is sufficient evidence to warrant a hearing, several things may happen before an official hearing occurs. Consult a lawyer to find out more about the legal process.

Unfair or Discriminatory Employment Practices

The state board may pursue charges against a physician if they believe the doctor has engaged in unfair or discriminatory employment practices which injure or threaten the public welfare, health, and safety. Such actions include:

  • Bribing
  • Intimidating
  • Harassing
  • Discriminating for race, religion, gender, or disability reasons

Accumulating Excessive Amounts of Controlled Dangerous Substances (CDS)

The state may investigate physicians if they’re suspected of selling or prescribing excessive amounts of controlled, dangerous substances in one year. If a physician is found guilty of manufacturing, distributing, dispensing, or possessing CDS, their license may be revoked by the state medical board.

If you face charges as a physician, consider medical license defense in Texas. Legal experts can help protect your career and future.

Prescribing or Administering Narcotics

The state may investigate physicians suspected of prescribing dangerous narcotics and controlled substances without a legitimate medical purpose. In some cases, doctors have been charged with intent to evade the CDS restrictions and regulations of the Controlled Substances Act.

Preventative efforts to reduce prescription drug abuse include educating physicians and the public about dangerous medications and monitoring which medications are prescribed by out-of-state physicians not licensed in their own state or local area.

Concealing Information

According to the state board, concealing information is a serious matter and may result in a temporary suspension of the doctor’s license. Examples of charges that imply concealment include:

  • Failure to advise the state medical board of any change in medical practice
  • Failure to maintain medical records following established guidelines
  • Failure to report any drug or alcohol use

The physician will be sent an informal letter warning them of possible sanctions to inform them that their actions are being investigated.

Prescribing Controlled Substances Without an Appropriate Medical Purpose

It’s a crime for a physician to prescribe a controlled substance without having a legitimate medical purpose or to refer patients to other doctors who are not licensed. The state board may file charges against the physician if they believe they have committed such illegal activities.

Other offenses include: prescribing CDS at excessive doses and failing to properly manage the risks associated with drug abuse, diversion, dependence, and addiction.

Selling or Illegally Dispensing CDS

The state board may be able to charge a physician for illegally selling or dispensing CDS. The physician will be placed on probation and required to submit quarterly reports of their drug orders to the board. If they experience difficulty meeting these requirements, they may be required to appear before a board hearing.

Conducting Clinical Trials Without the Appropriate Approvals

The state board can charge a physician with unprofessional conduct if they fail to follow the federal guidelines in conducting clinical trials. Physicians may also be charged if they fail to obtain the proper informed consent of a patient or adequately monitor their patients.

Failing to Maintain Adequate Medical Records

The state board may prosecute physicians who fail to maintain adequate medical records, particularly for treating patients with chronic, non-terminal illnesses.

Some of the points of emphasis the state board has been on how the physician communicates with their patients, whether or not they have provided sufficient information to patients, and whether or not they adequately followed up with a patient’s progress as directed by a prior evaluation.

Protect Your Medical License

A physician’s license is essential in providing access to quality healthcare for all patients. They must be responsible for all aspects of their practice and conduct, especially illegal activities such as bribing and coercing patients to resign.

The state board takes these matters very seriously and will pursue disciplinary charges against any physician found guilty of unethical or unprofessional acts

About the author:

As a journalist, Leland D. Bengtson dedicated most of his career to law reporting. His greatest satisfaction is to convey legal matters to the public in a language that they can understand. He is active on various platforms and media outlets, writing about common legal issues that people confront every day. While medical malpractice is his strong suit, Leland covers plenty of other topics, including personal injury cases, family law, and other civil and even criminal legal matters.