The Texas Medical Association recently tried to justify its opposition to HB 1013 – which passed the Texas House Public Health Committee by a 7-2 vote with the support of AAPS members, and which would end anonymous and confidential complaints to the Texas Medical Board against physicians – by writing that:
“We believe that weakening the TMB, as this bill’s supporters want, will drive physician complaints back to the courts and place our 2003 health care tort reforms at risk. If doctors are unable to police themselves through a strong and fair medical board, then today’s complaint is tomorrow’s lawsuit.”
This TMA claim is utter nonsense. Texans for Lawsuit Reform (TLR), the leading tort reform group, does not oppose HB 1013. If this bill jeopardized tort reform, then TLR would be saying so. The truth is that reforming the TMB will probably decrease lawsuits, because there will be less unjust discipline of physicians that can lead to frivolous lawsuits. It’s pathetic that the TMA resorts to such a baseless argument for its indefensible position.
The TMA then wrote, “Please understand also that TMA has its own agenda of legislation to reform the TMB.”
What a joke that statement is. The TMA’s “own agenda” is hurtful to many practicing physicians. The TMA is working to preventphysicians from learning the identity of all their accusers and seeing a copy of all the complaints filed against them. The TMA’s position helps the accusers, not the hardworking physicians. People who get parking tickets have stronger rights than physicians victimized by confidential complaints.
The TMA concludes, “I hope that I have adequately addressed your concerns about TMA’s position on this issue. Please let me know if you need more information.”
How about telling physicians how much of their dues or PAC donations are being spent by the TMA to work against HB 1013, and to keep secret the identity of people who complain about physicians? It’s time for an end to secret complaints, and for the TMA to get out of the way of this physician-initiated reform of the TMB.
Time is short – the Texas legislature adjourns for two years at the end of May.
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