Board that disciplines doctors may be reigned in

[hilly]

TEXAS LEGISLATURE
Board that disciplines doctors may be reined in
Bill would create new oversight panel, force disclosure of some accusers.
By Mary Ann Roser
AMERICAN-STATESMAN STAFF
Wednesday, April 15, 2009
A bill that was the subject of a 5½-hour hearing Tuesday would sharply curtail the powers of the Texas Medical Board if it becomes law.

Backers argued that it would bring much-needed transparency and provide greater fairness to doctors whom, some say, the board is persecuting. They especially raised concerns about practitioners of alternative medicine and those who treat conditions such as autism.


Deborah Cannon /AMERICAN-STATESMAN
(enlarge photo)
House Public Health Committee clerk Doug Brown and Rep. Jim McReynolds, D-Lufkin, listen to testimony Tuesday by Elizabeth Naugle on the medical board legislation.

Deborah Cannon/AMERICAN-STATESMAN
(enlarge photo)
House Public Health Committee chairwoman Lois Kolkhorst takes in testimony on the medical board bill Tuesday by Dr. Steven Hotze of Houston.
MORE ON THIS STORY
Sign up for our e-mail newsletter on Legislative coverage
Legislative news inside the Virtual Capitol

Opponents, however, said the legislation would leave patients more vulnerable to bad doctors and make it difficult for patients to complain about physicians in a state where the Legislature has made it harder to sue for malpractice.

In the end, the House Public Health Committee said it would amend House Bill 3816, which also would disclose the names of some complainants to doctors and create an advisory committee to oversee the board. The committee didn't specify what it might change.

"I don't want to make a mistake," said chairwoman Lois Kolkhorst, R-Brenham.

The mission of the board, which licenses and disciplines doctors in Texas, is to protect the public.

"This bill does not keep faith with the people of Texas," said Melinda Fredricks of Conroe, who served on the medical board from 2003 to 2008. She said the state passed a tort reform law in 2003, and "as a trade-off, we toughened the medical board," which had been criticized as being too lax. Fredricks was the last to testify among two dozen people.

But supporters of the bill, authored by Rep. Fred Brown, R-Bryan, said the board has abused its authority and gone after minor infractions, costing doctors thousands of dollars, time away from their practices and sleepless nights.

The bill was co-authored by various individuals and groups, including the Association of American Physicians and Surgeons, which is suing the board in federal court, alleging misuse of its authority. Andy Schlafly, son of famous conservative activist Phyllis Schlafly, is general counsel for the group, which claims several thousand members.

"The board should not be telling people how to practice medicine," Schlafly said.

A provision in the bill that would prohibit the board from requiring a doctor to practice medicine in a particular manner is a big concern of the Texas Medical Association, said Dr. William Fleming, a Houston neurologist and president-elect of the association, who spoke against the bill.

The provision "severely weakens" the board's ability to sanction doctors who prescribe illegally or perform unproven therapies, he said.

But parents and some doctors at the hearing said the board is targeting doctors willing to treat children with autism, people with Lyme disease and others who suffer from ailments that many mainstream doctors won't touch.

In emotional testimony that had some in the audience in tears, Lamarque Polvado, a Dallas-area parent of a daughter with autism, said, "The medical board doesn't understand how few providers are willing to risk their license (to help). ... That's the type of provider I need."

Parents and others said they believe insurance companies are behind some anonymous complaints the board receives because they don't want to pay doctors for care.

Mari Robinson, the medical board's executive director, said just 1 percent of complaints come from insurance companies; 1 to 3 percent come from unknown sources; 8 to 12 percent come from other medical providers such as doctors and nurses; and 65 percent come from patients, family members or friends. All complaints are confidential by law.

Is it more important, she asked, to allow a physician to see a complaint or to protect a vulnerable patient?

maroser@statesman.com; 445-3619

[jonsi]

Thank you hilly for this post!

I got married to a orthopaedic surgeon (a Texan!) in 1984 and he said he wanted to get out before insurance companies/pharmaceutical medicine and malpractice lawyers tried to take over his practice of medicine! How can a doctor make a living with insurance/pharmaceutical companies making decisions? Who went to Medical School?

Let the Pharmaceutical Companies, Medical Doctors and Medical Insurance Companies stay in their field.

KEEP THEIR "LAWS" AND LOBBYIST AWAY from homeopathic/natural medicine and Naturopathic Doctors!

Health Freedom Threats: Codex, FDA, Vaccinations, GMOs :: HealthFreedomUSA.org

Thanks for letting me vent...
~jonsi

[faithinacure]

Hi Hilly:
It's confusing for me to know what's really going on behind the scenes; especially in a place like Texas, where morgs is out-of-control, I feel due to oil production contaminations. I remember reading old posts about a man who worked near a refinery was so desperate to rid himself of the morgy, oily, tarlike substance, he was going to drastic measures that could kill him, (which I don't even want to mention, in fear someone will try it).

I also worry about pundits and special interest groups who like to spin things a dishonest way to win votes for their own purposes. Maybe the media could spell it out in totally honest ways with people who are behind the pros and the cons.

I wonder what exactly would help and protect those noble and unusually brave docs who do help those with Lyme, Morgs and Autismin in a contaminated place like Texas. They have had their fair share of tragedy. We have to protect the good docs and their patients. The good docs are needed now more than ever.

How interesting that some felt the insurance companies were the complainers. The insurance companies have allowed people to die to save a buck; hence those bills they support, I would be inclined to not support. This will be interesting to follow. Thanks, Hilly for the article.

Faithxoxoxo

[faithinacure]

Jonsi:
We must have typing at the same time.
The synchronicity of our thoughts here on this site never cease to amaze me.

Faithxoxoxo

[faithinacure]

Hi Jonsi:
Just wondering what your husband did to switch careers, if he did take that step. I know that's a trend these days. Also wondering if you think you or your husband got sick in Texas.. These are all personal questions, so only answer if you wish. Just curious. I'm surprised more docs don't get sick with this, but they are around so many germ killing agents, even though it's toxic, it probably kills the bugs they come in contact with.

Faithxoxoxo

[Kritters]

Hey Faithster!

You know, you raise an interesting point. I've been intending to start a poll on how many people are in the health care industry and in which field. I realize it would have to be a more general poll, like "MD", "Nurse", "lab tech" etc. which is why I haven't done it yet. Too much to tax this foggy brain.

I've noticed MANY nurses have Morgellons.....and don't recall ANY doctors joining this forum or others with Morgellons.



xoxoKritts

[tcmgpt13]

Amelia Withington MD Amelia Withington MD is offline
Amelia Withington MD has no status.
Junior Member
Last Activity: April 14th, 2009 10:10 PM
Join Date: March 27th, 2009

beverlybdmd beverlybdmd is offline (beverly drottar is retired)
beverlybdmd is owning her illness; so IT cannot posess HER
Senior Member
Last Activity: April 18th, 2009 04:26 PM
Join Date: January 4th, 2007

Both have morgellons symptoms. Also James Smith, MD has these symptoms.

[carla]

You couldn't make this up.Drug Company Had Hit List for Doctors Who Criticized Them