Texas Physician Conviction and Discipline Self-Reporting Rules

Texas licensed physicians must self-report certain adverse events to the Texas Medical Board within 30 days of their occurrence, as set forth in Title 22 Texas Administrative Code Rule 173.3. These events include:

• incarceration in a state or federal penitentiary;

• a conviction for any felony, Class A or Class B misdemeanor, or a Class C misdemeanor involving moral turpitude;

• charges to which a physician has pleaded no contest for the purposes of deferred adjudication or pretrial diversion;

• charges for which "sufficient facts of guilt were found and the matter was continued by a court";

• an initial finding of guilt by a trier of fact for certain felony crimes related to illicit drugs;

• a disciplinary action by another state, territory, or country against the physician's medical license; or

• a final award of money damages for malpractice, awarded by a jury that find the physician liable.

Criminal Case Reporting

Under the rule, being simply arrested or initially charged doesn't require reporting. A physician must either have been convicted or pled no contest to the charges then entered deferred adjudication or pretrial diversion. Also included is a requirement to report if "sufficient facts of guilt were found and the matter was continued by a court". This last sentence commonly refers to a type of pretrial diversion where a court grants a continuance (delay), usually for 90 days, for a defendant to complete a program. For example, under Section 45.053 of the Texas Code of Criminal Procedure, a defendant who has a chemical dependency that caused the offense can be ordered into a program and thereafter the case can be dismissed.

A Class C misdemeanor involving moral turpitude is a crime that "involves dishonesty, fraud, deceit, misrepresentation, violence" or "reflect(s) adversely on a licensee's honesty, trustworthiness, or fitness to practice." [22 Texas Administrative Code Section 190.8(6)(B)(v)] Also, some crimes are crimes of moral turpitude because they have been found to be so by Texas courts.

New Reports Were Behind This Action

Austin TV station KXAN ran a series of stories beginning in February 2022 that revealed that physicians disciplined in other states were moving to Texas and getting licensed while keeping their out-of-state discipline and malpractice judgments secret. These reports even became an issue in the 2022 Texas governor's race.

How to Report a Conviction, Judgment or Other Adverse Event

The Texas Medical Board provides a Physician Profile Update Request form for physicians to comply with these reporting requirements. The Texas Medical Board in turn updates a physician's license profile and may initiate an enforcement investigation into the criminal case, discipline or malpractice case. Since this form requires a description and the information provided must be appropriate and accurate, an administrative law attorney's help may be needed to filling out this form. An administrative law attorney can also clear up whether an event must be reported or not. Providing incomplete, inaccurate or misleading information may be interpreted as dishonesty on the part of the physician, even if the mistake was inadvertent and the effort well-intentioned.

Getting a Texas Administrative Law Attorney Involved Early

Often a criminal conviction, judgment or other adverse event can affect a physician's license to practice medicine in Texas. Reporting a conviction, judgment or disciplinary action by another state may eventually lead to Texas disciplinary proceedings against the licensed doctor. The Texas administrative law attorneys at Ray & Weinstein, PC can help. Contact us for a consultation today.