TMB Adopts New Requirements on Reporting Conviction Details, Negligence Suits
By Joey Berlin


Physicians who are convicted of a felony and certain misdemeanors must now submit a “description” of their infraction to the Texas Medical Board (TMB) within 30 days after the courts wrap up their case. The same requirement now applies to physicians who must pay damages in a medical negligence claim.

Changes to those physician obligations came after TMB adopted amendments to its rules on “physician-initiated updates.” TMB’s amendments, which took effect July 7, also include requirements that physicians self-report actions against their license taken outside of Texas. The changes stemmed from several investigative news reports about TMB granting licenses to some physicians later discovered to have out-of-state criminal convictions and disciplinary actions.

This new language addresses the reporting of information that must appear in a physician’s board profile under Texas law. Following the amendments, physicians must now report within 30 days:

  • A description of any conviction for a felony, a Class A or B misdemeanor, or a Class C misdemeanor “involving moral turpitude”;
  • A description of any charges reported to the board to which the physician has pleaded no contest, has been given deferred adjudication or pretrial diversion, or “in which sufficient facts of guilt were found and the matter was continued by a court”;
  • Any disciplinary action issued against the physician’s medical license by another state, territory, or nation; or
  • Any medical negligence claim in which the physician was found liable and a jury assessed a monetary award that’s final and not subject to further appeal. Physicians aren’t required to report offers they made to settle the claim.

Prior to the changes, TMB rules had required the reporting of felonies and certain misdemeanors within 30 days but did not require a “description” of the felony or misdemeanor. Previously, the rules did not explicitly require a report of a medical negligence finding or an out-of-state action against a physician’s license, though that information was requested in TMB’s licensure and renewal applications.

TMB proposed the rule changes in the March 18 edition of the Texas Register. The Texas Medical Association submitted the only comment on the proposal and requested that TMB provide physicians with educational FAQs or bulletins on the changes. TMA also suggested the inclusion of potential disciplinary actions physicians could face for failing to report the information in time. TMB declined those suggestions.

Last Updated On

July 08, 2022

Originally Published On

July 08, 2022

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