|
Texas Medical Practice Act
Texas Sunset Advisory Commission
The Health Care Quality Improvement Act of 1986 was to protect those who in good faith take action against incompetent or
unethical physicians. Since 1986, HCQIA has been used increasingly to silence physicians who are on the wrong side of the
fence of those in power.
Physicians involved in bad faith peer review HAVE NO IMMUNITY under HCQIA or Vernon's Civil Statutes.
The Texas legislature and the Medical Practice Act define "Good faith peer review". It is:
a. Determined on a reasonable basis
b. Based on reasonable standards
c. Applied without irrelevant considerations
d. Supported by sufficient evidence,
e. Not arbitrary or capricious
Findings of Fact can be reasonably proved under rules of evidence (witnessed, verified from primary sources, confirmed by
oath, or are so obvious that they require no proof).
Only conclusions of law based on true findings of fact have legal merit.
No entity, including the Texas Medical Board, may require you to waive rights guaranteed under the Texas or United States
constitutions.
The Texas House Committee on Public Health has jurisdiction over all matters relating to the Texas Medical Board. The
Texas House Regulatory sub-committee (Appropriations) oversees board spending.
Conflict of interest is defined in Vernon's Civil Statutes.
|
