HOUSTON
Volume 13 | Issue 12
Inside This Issue
UTMB Life Science Incubator Celebrates Grand Opening See pg. 8
INDEX Oncology Research......... pg.3 Mental Health...................... pg.5 Financial Forecast.............pg.11 Age Well, Live Well.......... pg.12
December Edition 2023
New Texas Law and Its Connection to Dr. Death
Sherri T. Alexander, J.D. Shelby D. Zumwalt, J.D. Polsinelli, PC
I
n June 2023, Texas Governor Abbott signed House Bill 1998 (“HB 1998”) into law, which became effective September 1, 2023. HB 1998 equips the Texas Medical Board (“TMB”) with additional tools to protect patients from potentially dangerous physicians while maintaining transparency about physician disciplinary records. HB 1998 clarifies statutory language and closes loopholes in current statutes that govern the TMB and its disciplinary authority, license and renewal requirements, and the complaint investigation/ resolution process. Although the TMB has more tools in its toolbox, the success of HB 1998 appears to depend on the TMB’s ability to implement these new requirements. HB 1998’s Direct Lineage to Dr. Christopher Duntsch Dr. Christopher Duntsch — nicknamed “Dr. Death” — killed or injured more than 30 patients in botched spinal surgeries in Dallas, Texas before finally losing his Texas medical license in 2013. He was sentenced to life in prison 6 years ago in a case that made national headlines and spawned a hugely successful podcast. In response to Dr. Death, an Austin, Texas new station, KXAN, spent 3 months retrieving thousands of physician disciplinary records from
medical boards across the country and then cross-referenced those records with the TMB’s pubic physician profiles one name at a time. At least 49 doctors who had disciplinary actions in other states — including having their medical licenses suspended, revoked, or surrendered — were still able to
with KXAN, Johnson stated “[m]y immediate reaction was, well, if the Texas Medical Board isn’t going to do it on its own, as a member of the legislature, I’m going to file a bill. I’m going to do something about it.” And she did. In February 2023, Johnson introduced HB 1998 and, on May 29, 2023, HB 1998 was signed by the Texas House and Senate. On June 13, 2023, Governor Abbott signed HB 1998 into law. HB 1998’s Changes to Texas Law A summary of the law includes: 1. The TMB must continuously query the National Practitioner Data Bank, and within 10 working days updating physicians’ public profiles to include new information regarding disciplinary action against the physician. 2. The TMB must submit a complete set of fingerprints to the Department of Public Safety (“Department”) for each license
49 doctors who had ... their medical licenses suspended, revoked, or surrendered — were still able to practice in Texas.
Carrum Health and Texas Oncology Collaborate on New Breast Cancer Treatment Model See pg. 10
practice in Texas. KXAN found some physicians were disciplined following criminal charges including domestic violence, possession of a controlled substance, and operating a firearm while intoxicated. In total, KXAN discovered disciplinary actions taken against physicians licensed in over 30 different states with no record on the TMB website even though the physicians were licensed in Texas. State Rep. Julie Johnson reacted to KXAN’s findings with plans to change Texas law. In an interview
see Texas Law ...page 14
PRSRT STD US POSTAGE PAID PERMIT NO 1 HOUSTON TX