The Citizen Complaint Process

(Information provided by the Texas State Board of Medical Examiners)

Who May File a Complaint?

Anyone may file a complaint with the Board of Medical Examiners against a Physician, either an M. D. or a D. O., a Physician's Assistant, or an Acupuncturist.

How Do I File a Complaint?

A complaint should be submitted in writing. You may use this form for that purpose.

How Are Complaints Investigated?

Trained professionals investigate the complaints. An investigator may contact you for additional information, to secure your written statement, or for written permission to obtain copies of your medical records.

A complaint involving practitioner competency may require a lengthy investigation by experts.

All investigative material (including medical records, investigator's report, and reviews by Board consultants) become part of the Board's investigative files and are confidential and privileged by statute.

Will I Be Told the Status of My Complaint?

You will receive a letter acknowledging receipt of your complaint.

If your complaint is within the Board's jurisdiction, we will notify you of the status of your complaint approximately every 90 days, until final action is taken.

Should your complaint be outside the Board's jurisdiction, we will notify you.

What Complaints Are Within the Board's Jurisdiction?

The most frequent types of consumer complaints are:

• Professional incompetency.
• Unprofessional conduct which may endanger the public.
• Nontherapeutic prescribing/administering of a drug or treatment.
• Inability to practice medicine by reason of mental or physical impairment (alcohol or chemical abuse, mental or physical condition).

What Complaints Do NOT Fall Within the Board's Jurisdiction?

Rudeness complaints. These issues can be directed to your local Medical or Osteopathic Society.

Complaints against doctors who are not M.D.'s or D.O.'s and complaints regarding other health care providers or hospitals. Such complaints should be directed to the appropriate state licensing agency.

The unlicensed practice of medicine is a criminal violation. Complaints of unlicensed practice should be referred to the Attorney General, Consumer Protection Division or to your local police department.

Worker's Compensation complaints should be referred to the Texas Worker's Compensation Commission.

What Action Can the Board Take?

If we lack sufficient evidence of a violation of the Medical Practice Act or the Physician Assistant Licensing Act, then we will close the investigation and notify you.

If the investigation establishes that a practitioner violated the Medical Practice Act or the Physician Assistant Licensing Act, the Medical Board or Physician Assistant Board may order corrective procedures or disciplinary action ranging from a written reprimand to the most severe measure, revocation of license.

Information regarding how to obtain your medical records and many other subjects are available on the Texas State Board of Medical Examiner's internet homepage, http://www.tsbme.state.tx.us/ or you may contact them by telephone regarding questions of the complaint process at (512) 305-7100.