Texas HB 1998: Expanded Texas Medical Board Physician Background Checks and Online License Reporting

HB 1998, which took effect on September 1, 2023, mandates that the Texas Medical Board run continuous National Practitioner Data Bank (NPDB) queries on its physician licensees. If a new NPDB entry is found - such as out-of-state discipline, a medical malpractice payout or loss of a clinical privilege - the Texas Medical Board must update the physician's online license profile with that information within 10 days. This amendment to existing legislation means that often hard-to-find adverse information about Texan physicians will be posted by the Texas Medical Board on the online license records of Texas physicians by their licensing board. The Texas Medical Board will receive funding for continuous monitoring of NPDB reports from a surcharge added to physician registration permit fees.

The changes to the law, found at Texas Occupations Code section 154.006, further mandate that if an action is subsequently dismissed or voided, it shall be promptly removed by the Medical Board. If a Texas physician finds that there is inaccurate information posted to their license record, it may be necessary for the physician or their attorney to contact the Texas Medical Board to fix the physician's license record. It is critical that Texas physicians regularly check their license records for errors that may cause professional and reputational damage.

Beyond updating the license record, the Medical Board's continuous monitoring of the NPDB can trigger investigation and discipline by the Texas Medical Board. Physicians defending against adverse actions, such as peer review or a medical malpractice claim against the doctor, should be aware of the NPDB reporting rules that may trigger a Texas disclosure and investigation.

Additionally, if information is posted from the National Practitioner Data Bank, a physician may want to file a NPDB dispute to challenge the information posted to try to have the information taken down. If a third party such as an out-of-state medical license board or a hospital makes a mistake and posts something that is actually non-reportable, the NPDB must take that information down.

Lastly, NPDB monitoring does not replace the physician reporting requirement. In other words, even if a Texas physician sees that the Texas Medical Board has updated their license record with new information, the Texas physician still has to comply with Title 22 Texas Administrative Code Rule 173.3 which requires a Texas medical doctor licensed by the Texas Medical Board to self-report convictions, medical malpractice settlements and discipline by other states' medical boards against the Texas medical doctor's medical license.

Ray & Weinstein, PC defends Texas physicians against Texas Medical Board discipline and erroneous National Practitioner Data Bank reports. Contact us today for a consultation.