Do things like Driving While Intoxicated, assault, theft, endangering a child, tax evasion rise to the level of the Board taking action against a licensee even if these activities are far from the actual practice of medicine or even in patient care settings? The simple is answer is yes. Can things follow you from time before you even went to medical school? Yes.

A brief review of the Board’s disciplinary actions will show that physician’s licenses have been restricted, even suspended or revoked for above actions. DWIs while on vacation. Assault charge due to an alteration at a restaurant. Theft of clothing while a resident. Child endangerment charges for speeding in a new car with his kids in the back of the car at night. Action based on tax evasion for failing to file his personal income tax return. Failure to pay child support. All of these resulted in disciplinary action by the Board.

How can they do this? Simple, it’s the law. There are various provisions in the Medical Practice Act that have nothing that directly relates to medicine. However, to be a licensed physician in Texas, one must possess “good professional character”. According to Board rules, good professional character is defined as a person who “must not be in violation of or committed any act described in the Medical Practice Act, Texas Occupations Code Ann. §§164.051-.053 and Board rules 22 TEX. ADMIN. CODE §163.1(9). The Board ultimately decides whether one has “good professional character.”

According to TEX. OCC. CODE Section 164.051, “[t]he board may refuse to admit a person to its examination or refuse to issue a license to practice medicine and may take disciplinary action against a person if the person:”
(2) is convicted of:

(A) a felony; or

(B) a misdemeanor involving moral turpitude;
(4) is unable to practice medicine with reasonable skill and safety to patients because of:

(A) illness;

(B) drunkenness;

(C) excessive use of drugs, narcotics, chemicals, or another substance; or

(D) a mental or physical condition;

(5) is found by a court judgment to be of unsound mind.

Section 164.052(a) states that “[a] physician or an applicant for a license to practice medicine commits a prohibited practice if that person:”
(4) uses alcohol or drugs in an intemperate manner that, in the board’s opinion, could endanger a patient’s life;

(5) commits unprofessional or dishonorable conduct that is likely to deceive or defraud the public, as provided by Section 164.053, or injure the public;

Board Rule 190.1(2), helps to define what unprofessional or dishonorable conduct means. The lists provided are not all inclusive, merely instructional. These “example” fall into medical related areas, but can be expanded to fit various scenarios that on its surface does not appear to be in the area of the Board’s concern, but is.

If a physician is convicted of a most drug related crimes, the Board is directed to suspend that individual’s license upon an initial finding of guilt. Once the conviction is final, the Board shall revoke the license. (TEX. OCC. CODE §164.057). For any crime the physician serves any prison time, the Board shall suspend that individual’s license. (TEX. OCC. CODE §164.058).

How does the Board find out about this information? For non-medical related incidents there are four general ways the Board learns of these actions. First is the annual registration. One of the questions ask, other than a minor traffic ticket (under $100.00) have you been arrested? If you answer “yes” and it is anything beyond excessive speeding, the likelihood is the Board will open up an investigation on what occurred.

The second method of gathering this information is also the reason why one should not mislead the Board on the annual registration. The Board is required by law to supply the Department of Public Safety a list of all its licensees for each quarter. If DPS has any information on a licensee, it will forward that information to the Board. Board staff will examine to see if they were aware of the information. If the individual was arrested and answered “no” to that question, they will be in additional hot water.

The third is someone files a complaint with the Board. It is not uncommon for law enforcement to submit its arrest information to the Board if they do not have enough evidence to prosecute. They do so because they think the individual is guilty of a crime, but cannot prove it. The Board has lower standards of evidence than the criminal courts.

The fourth is the media. The Board subscribes to a clip service. It has employees across the state and they may see a story about a doctor. If the Board sees that a doctor has been arrests and it made the local media, an investigation is likely begun.

Starting soon, in order to renew your license, each physician will have to undergo a finger print criminal background check. The Board of Nurse Examiners started this two years and it has resulted in hundreds of disciplinary actions regarding people who had criminal backgrounds and failed to tell the Board about it.

What can be done? Obey the law.

Simple things can get people into trouble. One drink can send some people over the legal limit in Texas of 0.08. So, if you choose to drink at all and need to leave that location, have a designated driver.

Relationships with people at work often lead to trouble. Other people will fine out about. Rumors will start. If the relationship ends, feelings may be hurt. Sexual harassment allegations may arise.

If you know someone who drinks to excess or uses drugs “only on the weekends” get them help immediately.

Obeying the law is ease enough, but what about other issues that is out side the scope of medicine, but can by adversely consequences one’s license. One’s personal behavior often comes into question by the Board. This is especially true for people with short temper or strong libidos. One must recognize that any one who witnesses you in an imperfect moment, and knows you are a physician can report your action to the Board. The likelihood is great that you will be investigated for your actions. Being aware of your self and your surroundings can eliminate most conflict.