Bills pertaining to TMA

Jon Porter of Health License Defense has a helpful post on legislation affecting the Texas Medical Board. 

Key Legislation to Follow

Physician Discipline

Board Disciplines 129 Physicians
After its February meeting, the Texas Medical Board announced rule changes and disciplinary action for 129 physicians.

AAPS v. Texas Medical Board

The 5th Circuit reinstated claims brought by the Association of American Physicians and Surgeons (AAPS) against the Texas Medical Board (TMB). 

AAPS filed suit against TMB in 2007 alleging (1) manipulation of patient complaints; (2) conflict of interest by the former chairman of the DRC; (3) arbitrary rejection of a decision from an administrative law judge; and (4) retaliation.  TMB asserted numerous defenses and filed a motion to dismiss which was granted by the district court.

On appeal, the Fifth Circuit considered whether AAPS had standing to sue for its members' grievances.  The Court looked to Hunt v. Wash. St. Apple Adver. Comm'n's rule on associational standing which holds that "An association has standing to bring suit on behalf of its members when: (a) its members would otherwise have standing to sue in their own right; (b) the interests it seeks to protect are germane to the organization's purpose; and (c) neither the claim asserted nor the relief requested requires the participation of individual members in the lawsuit."  432 U.S. 333, 343 (1977). 

The Court focuses on the third prong--whether this suit would require participation of the individual members in the lawsuit.  It examined cases from the Third, Seventh, and Tenth Circuits in which Hunt has been applied.  Finally, the Court held that AAPS's claims supported the grant of associational standing.  It noted:

AAPS's complaint alleged, among other things, abuses perpetrated on physician by means of anonymous complaints, harassment of doctors who complained about the Board, and conflicts of interest by decision-makers.  If practiced systematically, such abuses may have violated or chilled AAPS members' constitutional rights.  Proof of these misdeeds could establish a pattern with evidence from the Board's witnesses and files and from a small but significant sample of physicians.  Because AAPS seeks only equitable relief from these alleged violations, both the claims and relief appear to support judicially efficient management if associational standing is granted.

Click here for the Court's opinion. 

Click here to see AAPS' take on the opinion. 

Post on October 2010 TMB Meeting

Notes and Thoughts on October 28, 2010 TMB meeting

Click here to be taken to Health License Defense's summary of the meeting.