Rivas Goldstein, LLP Call : 512-481-8000

Doctor fights TMB's revocation of license, and wins

A doctor in Texas took issue with the Texas Medical Board’s (TMB) decision to revoke his license to practice medicine. He sued the board and could potential see reinstatement in the near future.

What were the allegations? The TMB accused the medical professional of failing to properly register his business and the inappropriate prescription of medications. The TMB used evidence from an investigation to support their decision to revoke the physician’s medical license.

The doctor contested the TMB’s revocation was based on evidence gathered through an illegal search and seizure. If so, the search would be a violation of the physician’s basic constitutional rights.

Which constitutional right? The Fourth Amendment of the Constitution provides protection against illegal search and seizures. In this case, the court stated that it was concerned the TMB may have joined forces with local police department to circumvent the physician’s constitutional rights. Instead of using a warrant to conduct the search, as was legally necessary, the investors relied upon an administrative subpoena.

What’s the difference? Essentially, the police must be able to establish a high likelihood of criminal wrongdoing to get a warrant. Much less is needed to get an administrative subpoena.

What did the court decide? The judge made two specific findings:

  1. Illegal search. The judge stated the subpoena was not sufficient to support the investigator’s search. The judge also explained that the TMB acted improperly when it used these methods to conduct the investigation. Instead, the investigators should have obtained a warrant.
  2. Excessive force. The judge also found the use of multiple enforcement agencies, confiscation of cellphones, refusal of video and separation of employees was an unusual show of force for the circumstances.

Will this have a larger impact? Potentially. The court also stated the case under review may be part of a larger pattern. As a result, other physicians throughout the state that have had their license to practice medicine revoked under similar circumstances may have a case.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Rivas Goldstein LLP: On Your Side, Protecting Your Future

Our experienced Texas-based health care lawyers are here to help you and your business succeed. Please call 512-481-8000 or contact our law firm online.

Schedule A Consultation With An Attorney

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Austin Office
7035 Bee Cave Road, Suite 200
Austin, TX 78746

Toll Free: 800-761-5190
Phone: 512-481-8000
Fax: 512-481-0022
Austin Law Office Map

New York Office By Appointment Only
405 Lexington Ave 26th Floor
New York, NY 10174

Phone: 212-541-2451
Fax: 917-368-8005
Map & Directions

McAllen Office By Appointment Only
1100 East Jasmine Ave
Suite 105
McAllen, TX 78501

Phone: 512-481-8000
Map & Directions

Review Us