A pain management physician lost consciousness while on duty. Medical staff were able to promptly intervene and successfully treat the doctor. Shortly after the incident, the Texas Medical Board suspended his medical license. The Board’s action triggers two important questions:
Question #1: Is this legal?
The Texas Medical Board has the authority to determine whether or not a physician can practice medicine in the state. In order to keep their medical license, physicians in the state of Texas must follow the Board’s rules. Those who violate these rules can have their license to practice medicine suspended.
In this case, the Board claims to have evidence the physician was under the influence of a controlled substance at the time of the incident. The Board states the physician suffered a loss of consciousness as a result of misusing a controlled substance. As a result, they claim that it is within their power to suspend his medical license. They state a failure to do so could put his patients and the public’s safety at risk.
Question #2: How does anyone facing similar accusations defend against the claims?
There are various methods to build a defense to claims such as these. In this case, the physician admits he was using medications, but states that he has a valid prescription from a nurse practitioner. Unfortunately, at the time of his license suspension, he was unable to provide this evidence. Such evidence is likely a first step in regaining his medical license. As a result, it would be wise to seek out the nurse practitioner and have her provide support.
Additional defense strategies are available against medical license suspension and will depend on the details of the allegations. It is wise to seek legal counsel with experience in this niche area of healthcare law to discuss the benefits of each option and better ensure your rights are protected throughout the process.