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Violations the Texas Medical Board Prosecutes

Updated: Jun 12, 2023

The Texas Medical Board (TMB) is responsible for regulating the practice of medicine in the state of Texas, and they can pursue a variety of abuses related to such. Here are some examples of the types of violations that the TMB can prosecute.

1. Standard of Care Violations: This occurs when a physician or other medical professional deviates from the standard of care in treating a patient. This can include misdiagnosis, improper treatment, or failure to provide adequate follow-up care. One of the most frequent is the failure to adequately supervise a nurse or mid-level to whom a doctor has delegated some responsibility. And it is perhaps the most prevalent violation alleged in the med spa setting.

2. Unprofessional Conduct: This includes behaviors that are considered unprofessional, unethical, or illegal. Examples may include substance abuse, inappropriate relationships with patients, or practicing medicine while impaired. It also tends to be a Board catch-all for conduct that does not fit neatly into another category but still involves treatment of patients or quality of care.

3. Violations of Laws and Regulations: This consists of violations of state or federal laws related to the practice of medicine like prescription drug abuse or insurance fraud.

4. Criminal Offenses: This covers offenses that are not related to the practice of medicine, but could impact a physician's ability to practice medicine, such as a felony conviction.

5. Boundary Violations: This involves engaging in a sexual relationship with a patient or engaging in any behavior that crosses professional boundaries.

6. Advertising and Marketing Violations: This includes making false or misleading claims in advertisements or marketing materials.

7. Failure to Maintain Records: This comprises failing to maintain accurate and complete medical records.

8. Aiding and Abetting the Unlicensed Practice of Medicine. This allegation goes hand in hand with a failure to supervise or improper delegation.

It is important to note that this is not an exhaustive list, and the TMB can prosecute violations not mentioned above. Physicians and medical professionals should be aware of their obligations and responsibilities under the law and regulations and comply with them to avoid potential disciplinary actions.

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