TMA weighed in strongly against proposed new Texas Medical Board rules that one Dallas physician called "totally bizarre and dangerous." The new rules state that physicians who enter into call coverage agreements "are contractually obligated and mutually responsible for meeting the standard of care" for established patients and for sharing documentation of any call coverage provided.
TMA asked the board to withdraw the proposed rules and start over. "Physicians are, and should be, responsible for their own acts, not for the acts of other physicians solely due to on-call arrangements," TMA President Tom Garcia, MD, wrote in TMA's formal letter to TMB. "Physicians are, and should be, responsible for exercising reasonable care in making on-call arrangements, but cannot and should not be held liable for the acts of another physician who accepts on-call responsibility, and vice-versa. On-call arrangements do not involve 'delegated' acts in which the physician is supervising another health care worker."
"As currently drafted, the proposed rules raise numerous valid questions, place into jeopardy current on-call arrangements that work well and add barriers to maintaining and obtaining on-call arrangements," the letter states.
Action, March 1, 2016