As part of Senate Bill 104, the 78th Texas Legislature authorized and funded the Texas State Board of Medical Examiners (TSBME) to create a panel of experts to assist in reviewing Board investigations.  The initial rules for this process were passed on October 10th, 2003, at the regular meeting of the TSBME and are codified under  Section 182. Use of Experts.

    These rules specify that selection criteria for appointment to the panel include:
1.    Licensed to practice medicine in Texas;
2.    Certified by the American Board of Medical Specialties or the Bureau of Osteopathic Specialists;
3.    No history of licensure restriction;
4.    No history of peer discipline;
5.    Acceptable malpractice complaint history.

    The rules further state, "Cases concerning possible violation of the standard of care will be referred to the expert panel.  Panel members who practice in the same specialty or similar area of practice as the licensee will be assigned to participate in the review of cases as deemed appropriate."

    There have been concerns expressed that since there is a requirement for ABMS or BOS certification, would those specialties that lack such accreditation be subject to review by someone not qualified.   While on track to attain ABMS certification, the American Board of Hospice and Palliative Medicine, is still not so accredited.  So for example, the question is whether a board-certified internist, who is also certified by the American Board of Internal Medicine, would be reviewed by palliatists or by general internists for complaints involving palliative care?.

    The TSBME has assured us that palliatists, who meet the other aforementioned criteria, would be the ones doing such reviews.  The TSBME invited TAPM to submit a list of qualified potential panelists.  TAPM is in the process now of compiling such a list.

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Last modified: 03/16/08