Medical professionals must navigate a complex landscape of professional obligations and legal responsibilities. One key aspect of maintaining a medical license involves adhering to the standards and recommendations set forth by esteemed bodies such as the American Academy of Pediatrics (AAP). Failure to do so could result in serious ramifications, such as a threat to one’s medical license.
Although recommendations provided by organizations such as these are often helpful, even straightforward medical questions, like treatment for emergency situations or serious diseases, can lead to debate over the right course of treatment. Navigating the debate to provide the right course of care can get even more difficult for more nuanced questions such as those involving children and gender.
What is the role of the American Academy of Pediatrics in this issue?
The AAP is a highly regarded entity that helps set guidelines for pediatric care. These guidelines aim to ensure the highest standard of healthcare for children and are often adopted by states and individual medical boards as benchmarks for appropriate medical practice. A pediatrician who fails to follow AAP recommendations can be at an increased risk of malpractice lawsuits and face potential disciplinary actions by the Texas Medical Board.
As such, it is generally wise for pediatricians to follow AAP recommendations not only to enhance patient care but also to protect their legal standing and professional reputation.
What is the role of state law?
Texas law expects pediatricians to provide care that meets or exceeds the standard set by their professional community. The Texas Medical Board, which oversees the licensure and discipline of medical practitioners, often takes into account whether a pediatrician follows current professional guidelines, such as those issued by the AAP, when assessing the quality of care provided.
If the state medical board believes that the pediatrician is not meeting the accepted standard of care, they can move forward with action against that professional’s medical license. This could include:
- License revocation or suspension
- Imposition of fines or corrective actions
Pediatricians should consider these risks when making decisions regarding the correct course of care for their patients.
How does this apply to questions regarding gender care in minors in Texas?
As noted above, the state licensing board may take the professional organization’s recommendations into account when reviewing a pediatrician’s professional standing. This is just one of many factors the board will consider when making its determination. Though not a conclusive factor, it is important for a pediatrician who is facing review by the state board to keep this in mind when working to defend their medical license.
It is also important to note that this issue is highly contested. The state’s Attorney General recently joined twenty other states accusing the AAP of failing to provide proper protection to patients with respect to these policies.
Although straying too far from established guidelines can jeopardize a pediatrician’s career, it is important to remember that professional judgment and individual case considerations will always play a role in medical care. Pediatricians or other medical professionals who find themselves under the scrutiny of the state licensing board can use this fact as part of their strategy when taking action to protect their professional license. A defense tailored to the allegations can help to defend the status of a medical license while also protecting the physician’s professional reputation.
Attorney John Rivas is responsible for this communication.