Blog

Tag Archives: Texas physician assistant license defense lawyer

Texas physician assistant license defense lawyerThe Texas Physician Assistant Board is responsible for issuing and monitoring issues the licensing status of physician assistants within the state of Texas. They are also the entity that investigates and disciplines physician assistants who violate the Medical Practice Act. Compliance with this process is crucial to the licensing status of every investigated PA.

Consequences for Failure to Cooperate

Typically, physician assistants are notified by mail of an impending investigation. That notification requires a timely response. Failure to submit this response can escalate an investigation, possibly to the point that the PA’s license is automatically suspended until the Board can meet to determine the violating physician assistant’s fate. This bars the PA from practicing medicine and could have long-term implications, even if the suspension is ultimately lifted. Failure to comply could also result in a permanent revocation of the PA’s license. This risk is precisely why physician assistants need to take immediate and preventative action.

Taking Immediate and Preventative Action

While legal representation is not required, it is highly recommended that every PA seeks experienced counsel upon notice of an investigation from the Texas Physician Assistant Board. Not only can this ensure the PA’s rights are protected, but it can also increase the chances of a favorable outcome in their case. The attorney carefully examines the situation, ensures all deadlines are met, protects the rights of the PA, crafts meticulously crafted responses that reduce the risk of further probing, and heads off communications with the Board.

Having an attorney can also reduce the physician assistant’s stress during their investigation. Rather than having to worry about taking time away from their practice to answer questions and respond to impromptu phone calls and visits, the PA can refer the investigator to their attorney. This fielding from the attorney can also reduce the risk of the PA inadvertently saying something that could escalate the investigation against them. In the event of a hearing, the PA can also feel confident that they are effectively represented.

Contact Our Texas Physician Assistant License Defense Lawyer

If you have recently been notified of an investigation against you, do not take chances. Instead, contact Oscar San Miguel, Attorney at Law, and obtain the legal assistance you deserve. Dedicated to your best interest, our seasoned Texas physician assistant license defense lawyer will fight to protect your rights. We will represent you, every step of the way. Schedule your free, no-obligation consultation by calling 512-228-7946 today.

Sources:

http://www.statutes.legis.state.tx.us/Docs/OC/pdf/OC.154.pdf

http://www.statutes.legis.state.tx.us/Docs/OC/pdf/OC.164.pdf

http://www.kmoo.com/news/26-local-news/6062-texas-physician-assistant-board-suspends-forney-physician-assistant.html

Texas PA license defense attorneyMatters that place your PA license at risk generally relate to your practice, but some matters of the heart could also jeopardize your ability to practice medicine. For example, if you become romantically involved with a current or past patient, you may  be accused of sexual misconduct. Of course, this could happen to you, even if you have not engaged in a romantic relationship with a patient, co-worker, or colleague. Learn more about this risks and their consequences, as well as how you can protect your PA license in the face of a sexual misconduct investigation.

Relationships with Patients, Past and Present

While most PAs likely recognize that it is never okay to have a romantic relationship with a current patient, there are those who do not consider it an issue. Some believe that the circumstances determine the ethics. Others feel that a romantic relationship is acceptable after a waiting period after the patient's release from their care. Others may have long discharged a patient but then end up bumping into the again somewhere and then realize, perhaps for the first time, that there is a spark. That spark may turn into a loving relationship with seemingly no reason to believe it might be unethical.

Unfortunately none of these beliefs or circumstances are able to change the mind or ethical standpoint of the Texas Medical Board. If they consider a physician assistant’s actions or relationship with a patient or former patient sexual misconduct, it can result in disciplinary action for the accused party. Consequences of such a determination may include license suspension, revocation, public reprimand, or other forms of disciplinary action that could result in limitations on your right to practice medicine.

Relationships with Colleagues and Subordinates

While some offices, practices, and hospitals restrict romantic relationships with colleagues and subordinates, not all do. Yet, even when there are no restrictions in place, your license could be placed at risk. If the relationship goes sour, you could be accused of sexual assault or misconduct. Alternatively, if another colleague or patient finds your relationship inappropriate, they may make a complaint with the Board. Either way, you could face the same sort of disciplinary action as those engaged in a relationship with their patients. An experienced PA license defense attorney may be able to help.

Contact Our Texas Physician Assistant License Defense Attorney

If you are being investigated for a romantic relationship with a patient, colleague, or subordinate, or are being accused of sexual misconduct but have not engaged in such a relationship, it is critical that you seek experienced assistance. This is true, even if you are innocent since the Board’s interest is the public - not you.

Oscar San Miguel, Attorney at Law, has your best interests in mind. Dedicated and backed by more than 20 years of experience in the medical-legal arena, we will fight to protect your PA license and your reputation. Schedule a consultation with our Texas PA  license defense attorney and get the legal representation you deserve. Call 512-228-7946 today.

Sources:

http://www.medscape.com/features/slideshow/ethics2016-part1#page=6

http://www2.paeaonline.org/index.php?ht=a/GetDocumentAction/i/114741

 

Texas PA license defense lawyerWhen a family member, friend, or neighbor is in need - perhaps for something as simple as an antibiotic - it can be tempting to simply write them a prescription or offer a sample. Alternatively, you may find yourself ill but unable to find the time to visit a doctor. This, too, could tempt you into writing a prescription. Yet both circumstances can place your PA license at risk. Learn more about this potentially dangerous decision, and how you can protect your license if you are under investigation.  

Prescriptive Authority Has Limitations

Although you may have been granted prescriptive authority by your overseeing physician, there are limitations. You cannot write prescriptions or offer samples to anyone who is not your patient. This includes family, friends, and even yourself. It does not matter how dire the situation, or how noble your intentions. Such actions place your license at risk. Furthermore, the recent crackdowns on pill mills has brought undeserved scrutiny to those with delegated prescriptive authority. This extends to physician assistants, particularly those that write prescriptions for pain medications.

Understanding the Risks to Your License

If you are under investigation for abuse of your prescriptive authority, it is critical that you speak to an experienced attorney immediately. This is true, even if you have done nothing wrong. Investigations can snowball, and you may say share information that leads to a different form of investigation. Perhaps you have fallen behind in charting, or have troublesome wording in a brochure that your patients may view. Either way, an investigator can take one matter and turn it into something else entirely.

Sadly, any form of infraction - be it related to your prescriptive authority or not - could ultimately result a suspension of your license, public reprimand, or other forms of disciplinary action from the Texas Medical Board. Some could even be at risk for a complete revocation of their medical license, which could permanently remove your ability to practice medicine. Do not let this happen to you! Fight back and protect your medical license with help from an experienced PA license defense attorney.

Protecting Your Physician Assistant License

If you are currently under investigation for abuse of your prescriptive authority, or any other matter that might place your medical license at risk, contact Oscar San Miguel, Attorney at Law. Dedicated and experienced, our Texas physician assistant license defense lawyer can effectively represent you in your case. We will fight to protect your rights and best interests, every step of the way. Schedule a confidential consultation by calling 512-228-7946 today.

Source:

http://www2.paeaonline.org/index.php?ht=a/GetDocumentAction/i/114741





Texas physician assistant license defense attorneyWhen it comes to the Texas Health Code and physician assistants (PA), there is no room for mistake. This is especially true when it comes to your notification and identification obligations. Violations can result in negative consequences, including the suspension, revocation, or denial of your physician assistant license. As such, it is critical that you understand your notification and identification obligations under the Texas Medical Board. You should also know how to handle an investigation against you, should you be accused of a violation.

Understanding Your Notification and Identification Obligations

All physician assistants – including those that practice out of their own office – must be overseen by a regulating physician. This means regular meetings, prescriptive authority and agreements, standing orders, and various protocols must be established and followed. Furthermore, you must provide the Texas Medical Board with the name, address, license number, and telephone number of the physician who is overseeing you. If you change physicians, you have to submit notification within 30 days. In addition, if your preferred or regular physician is unable to perform their duties or suffers a restricted or suspended license themselves, you must seek oversight from another physician to avoid a violation on your part.

While working, you must also clearly identify that you are a physician assistant through the use of a name tag. Your license must also be available for inspection at your place of business. Failure to comply with either of these regulations, or those relating to your notification obligation, can result in the filing of a complaint, an investigation, and even disciplinary action from the Texas Medical Board.

What to Do When Faced with an Investigation

No matter how well you follow the Texas Health Code, you are bound to face a complaint at some point in your career. When you do, an investigation will ensue. You must take these investigations seriously, even if you believe the complaint is unfounded. This is the first step in the disciplinary process and your license is at risk. Furthermore, you should never assume that innocence or an explanation will make the matter go away. Instead, you need the skilled help of a professional license defense attorney.

Oscar San Miguel, Attorney at Law, can aggressively protect your rights and will always pursue the most favorable outcome possible. Backed by more than 20 years of medical-legal experience, he can effectively represent you in your investigation or disciplinary matter with the Texas Medical Board. Get the representation you deserve. Call 512-228-7946 and schedule your free initial consultation with a skilled Texas professional license defense attorney today. 

Sources:

https://texreg.sos.state.tx.us/public/readtac%24ext.TacPage?sl=T&app=9&p_dir=N&p_rloc=167505&p_tloc=&p_ploc=1&pg=3&p_tac=&ti=22&pt=9&ch=185&rl=10 

https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=T&app=9&p_dir=N&p_rloc=97130&p_tloc=&p_ploc=1&pg=4&p_tac=&ti=22&pt=9&ch=185&rl=10

 

Texas physician assistant license defense attorneysPhysician assistants have helped relieve some of the stress in the healthcare industry, but as more and more PAs make their way in, regulations become stricter to ensure patient safety. This means more oversight from the Texas Medical Board and the Texas Physician Assistant Board. Understanding these regulations, the disciplinary process that may ensue when violations occur, and the role that the TMB plays in that process, is critical to keeping your license in good standing.

Complaints and Their Risk to Your License

A complaint can be made by anyone – an overseeing physician, a fellow co-worker, a patient, a disgruntled employee, competitors, an ex-spouse, law enforcement, etc. – and they are often made confidentially. In other words, you will never really know what prompted a complaint, and you do not have to be in the wrong to receive one. However, even unfounded complaints can take over your day-to-day life and put your license at risk. As such, you need to know how to handle a complaint effectively, swiftly, and proactively. You should also treat every complaint – founded or not – seriously.

Texas Medical Board Investigation Process for Physician Assistants

Typically, a physician assistant learns of a complaint through a letter, letting them know that there may be a violation to the Health Code or the Physician Assistant Health Act. This letter also notifies the PA that an investigation will be started. You have 14 days to respond to this letter. Make no mistake, failure to respond in a timely manner can have serious consequences, as could failing to do so in a professional, well-thought out manner. As soon as you receive notification, it is important that you contact a physician assistant license defense attorney.

Once you have contacted your attorney, swift action can be taken to ensure the deadline is met, and that your response is carefully crafted to ensure you do not say more than you have to. Furthermore, your attorney can work directly with the investigator, field phone calls, and ensure all aspects of your case are handled professionally, diligently, and with careful consideration.

With any luck, this will end the complaint process. However, if there is any information that can be seen as evidence against you, the Board can move forward with the disciplinary process and could potentially suspend, revoke, or deny your license. If this happens, it is critical to have an attorney by your side.

Oscar San Miguel, Attorney at Law, has more than 20 years of experience in the medical-legal arena. Skilled and diligent, he offers the high-quality, professional representation you deserve. So, if you are facing an investigation from the Texas Medical Board, contact our Texas physician assistant license defense attorneys today. Call 512-228-7946 and schedule a free initial consultation.

 

Sources:

https://texreg.sos.state.tx.us/public/readtac%24ext.TacPage?sl=T&app=9&p_dir=N&p_rloc=112002&p_tloc=&p_ploc=1&pg=12&p_tac=&ti=22&pt=9&ch=185&rl=10

https://texreg.sos.state.tx.us/public/readtac%24ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=22&pt=9&ch=185&rl=10

Archives

Austin, Texas Professional License Defense Attorney Oscar San Miguel represents clients who are located in Austin, Houston, Dallas, San Antonio, El Paso, Fort Worth, Arlington, Amarillo, Lubbock, Brownsville, Laredo, Harlingen, McAllen, Round Rock, Longview, Travis County, Harris County, Dallas County, Tarrant County, Bexar County, Fort Bend County, Montgomery County, Cameron County, Nueces County, El Paso County, Potter County, Lubbock County, Grayson County, Collin County and throughout Texas.
© 2019 Oscar San Miguel, Attorney at Law
505 West 12th Street, Austin, TX 78701 | 512-228-7946
OVC, INC.