McDonald, Mackay and White, LLP

Jon Porter

Attorney at Law

Direct Line: 512-260-6843
Private Fax: 512-260-6851
Email: Porter@healthlicensedefense.com

Attorney Bio

Jon Porter is a partner of the law firm of McDonald, Mackay & Weitz, L.L.P., Austin, Texas. Licensed in Texas since 1999, Mr. Porter has worked as an attorney in both the public and private sectors. He worked as an appellate attorney for a large Houston-based law firm, writing briefs for various courts including the US Supreme Court and the Texas Supreme Court. In the public sector, Mr. Porter was a legislative aide for Texas Representative Senforia Thompson. He was a licensure investigator for the Texas Medical Board for several years before attending law school. Mr. Porter returned to the Texas Medical Board as a prosecuting attorney and later became the Director of Enforcement and Compliance.

Mr. Porter joined as a partner of the law firm of McDonald, Mackay & Weitz, L.L.P in 2003. His current practice focuses primarily on physician licensure defense, health law, general administrative law, and professional licensing for health care providers. He frequently works with health care professionals who are experiencing chemical or mental impairment, standard of care issues, licensure matters and boundary issues. Mr. Porter is frequently called on for speaking on topics of medical regulation and medical-ethical issues.

Areas of Practice

  • Administrative Law
  • Disciplinary Defense & Licensure Issues for Physicians, Nurses, and other Health Care Professionals
  • Chemical Dependence, Impairment & Recovery
  • Professional Licensure Issues for Health Care Providers
  • Peer Review
  • Legislative and Rule Making Representation

Education

  • 1998 J.D., University of Arkansas
  • 1993 B.A. International Studies with Emphasis on China and Political Science, Southwestern University, Georgetown, Texas

Certifications & Licenses

  • 1999 Texas Bar

Memberships

  • Austin Bar Association:
    • Administrative Law Section
    • Health Law Section
  • State Bar of Texas:
    • Administrative Law Section
    • Health Law Section
  • American Bar Association:
    • Administrative Law Section
    • Health Law Section

Personal Activities:

  • Democratic Candidate for United States House of Representatives, 31st District of Texas, 2004 Election
  • Vice-President 2005 to 2006, President 2006 to present, Live Oak UU Church
  • AdvocateWeb Board of Directors, 2005 to present
  • Career Opportunities On Location Sponsor for Leander Independent School District, 2006
  • University of Arkansas – School of Law Traveling National Moot Court Team, 1998
  • Southwestern University Board of Trustees, 1993-1995
  • Alpha Phi Omega Chapter Founder, President, Service Vice-President, 1989-1993

Representative Publications and Speaking

  • Publications:
    • “Treating Chronic Pain in Texas: Texas Medical Board’s New Rules and Enforcement.” Texas Pain Society. http://texaspain.org/physician/resources.html December 2007.
    • “Dissolute documentation? TMB rewrites the rules for medical records.” The Reporter  TMLT March/April 2007
    • TSBME Investigations: the Devils in the Details. TMA Press. 2004. Revised 2006.
    • "Taking Control of Your Doctor: Asking the Right Questions, Finding the Right Person." Parent Wise Austin. Vol. 1, Issue XII March 2005

 

  • CME Presentations:
    • Scheduled Presentations:
    • ●             “Legal and Professional Consequences of Boundary Violations” Professional Boundaries, Inc. Atlanta, Georgia. November 20, 2009.
    • ●             “Top Ten Concerns for Acupuncturist.” Texas College of Traditional Chinese Medicine. Austin, Texas. October 17, 2009.
    • ●             “Legal and Professional Consequences of Boundary Violations” Professional Boundaries, Inc. Sacramento, California. October 16, 2009.
    • ●             “Legal and Professional Consequences of Boundary Violations” Professional Boundaries, Inc. Atlanta, Georgia. August 21, 2009.
    • ●             “Legal and Professional Consequences of Boundary Violations” Professional Boundaries, Inc. Los Angles, California. July 17, 2009.
    • ●             “Legal and Ethical Concern When Treating Chronic Pain” University of North Texas Health Science Center.  Fort Worth, Texas. June 24, 2009.
    • ●             “Legal and Professional Consequences of Boundary Violations” Professional Boundaries, Inc. Atlanta, Georgia. May 15, 2009.
    • ●             “Legal and Professional Consequences of Boundary Violations” Professional Boundaries, Inc. Sacramento, California. April 17, 2009.
    • ●             “Business Concerns for Acupuncturist.” Texas College of Traditional Chinese Medicine. Dallas, Texas. April 4, 2009.
    • ●             “Business Concerns for Acupuncturist.” Texas College of Traditional Chinese Medicine. Austin, Texas. February 28, 2009.
    • ●             “Legal and Professional Consequences of Boundary Violations” Professional Boundaries, Inc. Atlanta, Georgia. February 20, 2009.
    • ●             “Compliance with Medical Records Keeping Rules: Methods to Stay Out of Trouble” University of North Texas Health Science Center.  Fort Worth, Texas. February 18, 2009.
    • ●             “Business Concerns for Acupuncturist.” Texas College of Traditional Chinese Medicine. Houston, Texas. February 14, 2009.

Past Presentations:

  •  
    •              “Legal and Professional Consequences of Boundary Violations” Professional Boundaries, Inc. Los Angles, California. January 16, 200
    •              “Peer Review Basics” Dallas Psychoanalytic Center.  January 10, 2009.
    •              “The Texas Medical Board: Basics in the Investigative and Legal Process” St. Joseph Medical Center.    Houston, Texas. December 10, 2008
      • “Texas Medical Board: What is it Doing Now and Tomorrow.” Dallas Bar Association: Health Law Section. Dallas, Texas November 19, 2008.
      • “Legal and Professional Consequences of Boundary Violations” Professional Boundaries, Inc. Atlanta, Georgia. November 14, 2008.
      • “Legal and Professional Consequences of Boundary Violations” Professional Boundaries, Inc. San Francisco, California. October 17, 2008.
      • “Practice Concerns in 2008 for Acupuncturist.”  Texas College of Traditional Chinese Medicine. Austin, Texas. October 4, 2008.
      • “Documentation for Complementary Medicine” Natural Bio Health. Austin, Texas. August 22, 2008.
      • “Legal and Professional Consequences of Boundary Violations” Professional Boundaries, Inc. Atlanta, Georgia. August 15, 2008.
      • “Q&A on Pain Management: A Panel Discussion” Parkland Hospital System. Dallas, Texas. August 7, 2008.
      • “Treating Chronic Pain: TMB Rules” Parkland Hospital System. Dallas, Texas. August 7, 2008.
      • “Legal and Professional Consequences of Boundary Violations” Professional Boundaries, Inc. Los Angles, California. July 18, 2008.
      • “The Texas Medical Board: Basics in the Investigative and Legal Process” University of North Texas Health Science Center.  Fort Worth, Texas. June 25, 2008
      • “Legal and Professional Consequences of Boundary Violations” Professional Boundaries, Inc. Atlanta, Georgia. May 16, 2008.
      • “HIPPA and OSHA Concerns for Acupuncturist.”  Texas College of Traditional Chinese Medicine. Dallas, Texas. April 19, 2008.
      • “Legal and Professional Consequences of Boundary Violations” Professional Boundaries, Inc. Sacramento, California. April 18, 2008.
      • “The Ethics of Patient Confidentiality and Safety Issues for You and Your Patient.”  Texas College of Traditional Chinese Medicine. Austin, Texas. March 1, 2008.
      • “The Ethics of Patient Confidentiality.”  Texas College of Traditional Chinese Medicine. Houston, Texas. February 16, 2008.
      • “Legal and Professional Consequences of Boundary Violations” Professional Boundaries, Inc. Atlanta, Georgia. February 15, 2008.
      • “Legal and Professional Consequences of Boundary Violations” Professional Boundaries, Inc. Los Angles, California. January 18, 2008.
      • “Legal and Professional Consequences of Boundary Violations” Professional Boundaries, Inc. Atlanta, Georgia. November 14, 2007.
      • “Texas Scope of Practice for Acupuncturist: Statutes and Regulations.”  Texas Acupuncture Association.  Austin, Texas. October 6, 2007.
      • Practice for Acupuncturist: Risk Management and Federal Regulations.”  Texas College of Traditional Chinese Medicine. Austin, Texas. September 14, 2007.
      • “Texas Scope of Practice for Acupuncturist: Statutes and Regulations.”  Texas College of Traditional Chinese Medicine. Austin, Texas. September 7, 2007.
      • “Treating Chronic Pain in Texas: Texas Medical Board’s New Rules and Enforcement” Parkland Hospital COPC Forums & Joint Lead Meeting. Dallas, Texas. July 10, 2007.
      • “Legal and Professional Consequences of Boundary Violations” Professional Boundaries, Inc. Atlanta, Georgia. May 19, 2007.
      • “Managing Disruptive Behavior” Federation of State Medical Boards 98th Annual Conference.  San Francisco, California.  May 3, 2007.  Presenter and Panelist. 
      • “Risk Management and Federal Issues for Acupuncturists.”  Texas Acupuncture Association. Dallas, Texas. April 21, 2007.
      • "Legal and Professional Consequences of Boundary Violations" Professional Boundaries, Inc. Atlanta, Georgia. February 16, 2007.
      • "Treating Physicians with Disruptive Behavior" An Epidemic of Disruptive Behavior Among Physicians: A Web Conference Clinic, Legal and Disciplinary Perspectives. Presented by the Federation of State Medical Boards. February 1, 2007. Host and Panelist.
      • "Texas Scope of Practice for Acupuncturist: Statutes and Regulations." Texas Acupuncture Association. Houston, Texas. January 27, 2006.
      • "What are We Dealing With? Evaluation of Disruptive Behavior" An Epidemic of Disruptive Behavior Among Physicians: A Web Conference Clinic, Legal and Disciplinary Perspectives. Presented by the Federation of State Medical Boards. January 17, 2007. Panelist
      • "Legal and Administrative Issues Regarding Disruptive Behavior" An Epidemic of Disruptive Behavior Among Physicians: A Web Conference Clinic, Legal and Disciplinary Perspectives. Presented by the Federation of State Medical Boards. January 11, 2007.
      • "Legal and Professional Consequences of Boundary Violations" 2006 AMA-CMA International Conference on Physician Health. Ottawa, Canada. December 2, 2006.
      • "Legal and Professional Consequences of Boundary Violations" Professional Boundaries, Inc. Atlanta, Georgia. November 17, 2006.
      • "Legal and Professional Consequences of Boundary Violations" Professional Boundaries, Inc. Atlanta, Georgia. August 20, 2006.
      • "Practice for Acupuncturist: Risk Management and Federal Regulations." Texas College of Traditional Chinese Medicine. Austin, Texas. June 20, 2006.
      • "Texas Medical Board Disciplinary Process: Weathering the Storm" TOMA’s 107th Annual Convention and Scientific Seminar. Dallas, Texas June 17, 2006.
      • "Texas Scope of Practice for Acupuncturist: Statutes and Regulations." Texas College of Traditional Chinese Medicine. Austin, Texas. June 13, 2006.
      • "Legal and Professional Consequences of Boundary Violations" Professional Boundaries, Inc. Atlanta, Georgia. May 13, 2006.
      • "Legal and Professional Consequences of Boundary Violations" Professional Boundaries, Inc. Atlanta, Georgia. February 5, 2006.
      • "Drugs, Texas Medical Board and You" Texas Tech Health Science Center. Lubbock, Texas. January 13, 2006.
      • "Legalities of Prescribing Narcotics" North Texas Nurse Practitioners Presents for NP’s and PA’s: Bones, Muscles, & Joints. Dallas, Texas. November 5, 2005.
      • "Legal Aspects of Pain Management" Parkland Health Hospital System Community Oriented Primary Care: August 2005 Quarterly Training. Dallas, Texas. August 4, 2005.
      • "What to Do If You’re Under Investigation" Bexar County Medical Society. San Antonio, Texas. April 6, 2005.
      • "Hallway Consultations and Professional Courtesy: The Stakes are High." TMA and TMLT Seminars. San Antonio, Texas. November 18, 2004.
      • "Hallway Consultations and Professional Courtesy: The Stakes are High." TMA and TMLT Seminars. Lubbock, Texas. November 17, 2004.
      • "Hallway Consultations and Professional Courtesy: The Stakes are High." TMA and TMLT Seminars. Houston, Texas. November 16, 2004.
      • "Hallway Consultations and Professional Courtesy: The Stakes are High." TMA and TMLT Seminars. Dallas, Texas. November 10, 2004.
      • "Hallway Consultations and Professional Courtesy: The Stakes are High." TMA and TMLT Seminars. Austin, Texas. November 9, 2004.
      • "Hallway Consultations and Professional Courtesy: The Stakes are High." TMA and TMLT Seminars. Fort Worth, Texas. November 4, 2004.
      • "Panel Discussion: Over Prescribing vs. Under Prescribing: What’s A Physician to Do?" TMA Pain Management and Controlled Substances. El Paso, Texas. October 23, 2004.
      • "Texas State Board of Medical Examiners Rules Regarding Prescribing of Controlled Substances" TMA Pain Management and Controlled Substances. El Paso, Texas. October 23, 2004.
      • "Honesty is the Only Policy: Applying for a License" Texas Physical Therapy Association Annual Conference. Austin, Texas March 15, 2004.
      • "Legal and Professional Consequences of Boundary Violations" Vanderbilt’s Maintaining Proper Boundaries. Denton, Texas. February 16, 2004.
      • "Legal and Professional Consequences of Boundary Violations" Vanderbilt’s Maintaining Proper Boundaries. Denton, Texas. August 19, 2003.
      • "Legal and Professional Consequences of Boundary Violations" Vanderbilt’s Maintaining Proper Boundaries. Denton, Texas. May 18, 2003.
      • "Basics on the Texas State Board of Medical Examiners Investigation Process" Harris County Medical Society. Houston, Texas. April 21, 2003.
      • "Basics on the Texas State Board of Medical Examiners Investigation Process" Denton County Medical Society. Denton, Texas. April 9, 2003.
      • "Basics on the Texas State Board of Medical Examiners Investigation Process" Wichita Falls Medical Society. Wichita Falls, Texas. March 11, 2003.
      • "Drug Diversion and the Texas State Board of Medical Examiners" National Association of Drug Diversion Investigators Dallas, Texas. August 21, 2002.
      • "The Informal Settlement Conference – Not So Informal" Southwestern Medical Center – Risk Management Week. Dallas, Texas. September 4, 2001.

Faculty Appointment:

  • Adjunct Faculty with Texas College of Traditional Chinese Medicine, 2006 to Present