Quality, Recordkeeping & Unprofessional Conduct Lead Reasons For Medical Board Discipline of Physicians

December 2, 2010

Quality, unprofessional conduct and recordkeeping issues were the most common reason for discipline among the 77 physicians disciplined by the Texas Medical Board (TMB) since August.   The reported actions highlight the need for physicians and the hospitals, practices and other entities dealing with them to take appropriate steps to manage these and other related risks.

Data recently disclosed by the TMB reveals that among the 77 licensed physicians disciplined, the violations included:

  • 11 violations based on quality of care;
  • 10 based on inadequate medical records
  • 9 violations based on unprofessional conduct;
  • 4 based on other states’ action;
  • 1 based on inadequate supervision
  • 1 based on peer review actions;
  • 1 based on criminal convictions; and
  • 10 orders for minor statutory violations.

The disciplinary actions imposed varied based on the nature and circumstances of the offense.  It included 8 voluntary surrenders; 1 suspension; 3 revocations;  18 corrective orders and one cease and desist order.

A review of the TMB statistics and reports about these actions demonstrates the continuing need for physicians and the practices, hospitals, insurers, and others with liability or responsibility for monitoring, reporting or insuring their conduct to provide and administer effective training, quality and performance management and oversight to monitor and promote appropriate physician performance in these and other performance areas that may give rise to discipline or disciplinary reporting obligations.  Additionally, a review of the circumstances of the reported circumstances also highlights the advisability of strengthening stress and substance abuse monitoring, education and intervention processes and procedures to head off or minimize potential licensing board and other risks.

For More Information or Assistance

If you need help evaluating or responding to this development of other health care reimbursement, technology and process, compliance, risk management, transactional, operational, enforcement or public policy concerns, please contact the author of this update, Cynthia Marcotte Stamer, at (469) 767-8872,  or via e-mail to cstamer@solutionslawyer.net.

Vice President of the North Texas Health Care Compliance Professionals Association, Past Chair of the ABA Health Law Section Managed Care & Insurance Section and the former Board Compliance Chair of the National Kidney Foundation of North Texas, Ms. Stamer has more than 23 years experience advising physicians, hospitals and other health industry clients about quality assurance, peer review, licensing and discipline, and other medical staff performance matters.  She continuously advises health industry clients about the use of technology, process and other mechanisms to promote compliance and internal controls, workforce and medical staff performance, quality, governance, reimbursement, and other risk management and operational needs. As part of this experience, she has worked extensively with health care providers, payers, health care technology and consulting and other health industry clients to investigate, address and defend physician and other health care workforce conduct, quality, communication and other concerns. A popular lecturer and widely published author on health industry concerns, Ms. Stamer also publishes and speaks extensively on health care staffing and human resources, compensation and benefits, technology, medical staff, public policy, reimbursement, privacy, technology, and other health and managed care industry regulatory, and other operations and risk management concerns for medical societies and staffs, hospitals, the HCCA, American Bar Association, American Health Lawyers Association and many other health industry groups and symposia.  Her highly popular and information packed programs include specific training for physicians and other health industry leaders on “Sex, Drugs & Rock ‘N Role: Personal Misconduct In Health Care,” “Managing Physician Performance,” “Physician Gainsharing,” improving health care communication and collaboration and many other related matters.  Her insights on these and other related matters appear in the Health Care Compliance Association, Atlantic Information Service, Bureau of National Affairs, World At Work, The Wall Street Journal, Business Insurance, the Dallas Morning News, Modern Health Care, Managed Healthcare, Health Leaders, and a many other national and local publications. To review some of her many publications and presentations, or for more information about Ms. Stamer, her experience, involvements, programs or publications, see here.

For More Information

We hope that this information is useful to you.  You can review other recent health care and internal controls resources and additional information about the health industry and other experience of Ms. Stamer here. If you or someone else you know would like to receive future updates about developments on these and other concerns, please be sure that we have your current contact information – including your preferred e-mail – by creating or updating your profile at here or e-mailing this information here.

About Solutions Law Press

Solutions Law Press™ provides business risk management, legal compliance, management effectiveness and other resources, training and education on human resources, employee benefits, compensation, data security and privacy, health care, insurance, and other key compliance, risk management, internal controls and other key operational concerns. If you find this of interest, you also be interested reviewing some of our other Solutions Law Press resources available for review here.

©2010 Cynthia Marcotte Stamer.  License to republished granted to Solutions Law Press.  All other rights reserved.


Stamer Speaks On “Sex, Drugs & Rock ‘N Role: Personal Misconduct In Health Care” July 21, 2010 In Dallas

July 5, 2010

From substance abuse to stress, medical staff and other health care workforce personal misconduct creates major liability and management challenges for health care organizations and their licensed providers. Cynthia Marcotte Stamer will speak about “Sex Drugs & Rock ‘N Role: Personal Misconduct in Health Care” at the Wednesday, July 21, 2010 monthly meeting of the Dallas Bar Association Health Law Section. 

Former Chair of the ABA Health Law Section Managed Care & Insurance Interest Group, attorney and author Cynthia Marcotte Stamer is nationally and internationally recognized for her legal work, publications and programs, and advocacy on health industry performance management and other health industry matters.  Ms. Stamer works extensively with health care organizations, managed care and health insurance organizations, governments and others to manage performance and legal risks.  Board Certified in Labor & Employment Law by the Texas Board of Legal Specialization, Ms. Stamer combines her more than 23 years of health industry regulatory and risk management experience with an in-depth knowledge of workforce management and regulation to help clients manage performance and legal and operational risks.  Her experience includes advising public and private health industry clients domestically and internationally on a wide range of matters.  A widely published author and popular speaker, Ms. Stamer’s insights on health industry matters also are quoted in HealthLeaders, Managed Care Executive, the Wall Street Journal and many other national popular, business and industry publications.  She also conducts continuing medical education and other health industry compliance and risk management training for many organizations on a wide range of topics.

The program will be held from Noon to 1:00 p.m. Central Time at the Dallas Bar Association Belo Mansion located at 2101 Ross Avenue, Dallas Texas.  For additional information, visit www.dallasbar.org.

For additional information, call the Dallas Bar Association at 214-220-7400 or see http://www.dallasbar.org.

Other Recent Developments

If you are interested in this health industry development, you also may be interested in reviewing some of our other recent updates available at https://slphealthcareupdate.wordpress.com including:

For More Information

We hope that this information is useful to you. If you need assistance with medical staff credentialing or discipline, employment, benefits and compensation, reimbursement, health care fraud or other health care compliance, risk management, transaction or operations concerns, please contact Cynthia Marcotte Stamer at (469) 767-8872 or via e-mail to here.

You can review other recent health care and internal controls resources and get additional information about the health industry and other experience of Cynthia Marcotte Stamer, P.C. here. If you or someone else you know would like to receive future updates about developments on these and other concerns, register or update your profile – including your preferred e-mail – by creating or updating your profile at here or e-mailing this information to here.


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