The Supreme Court of Texas ruled that the Texas Medical Board had acted beyond its authority when it refused to remove a report that Dr. Robert Van Boven had been accused of vaguely sexual 'boundary violations' at his Lakeway practice.
of experienced ALJs from the agency; observers say SOAH has yet to recover, making the appeals process even more difficult for accused licensees before state boards., a former TMB general counsel who has since represented doctors before the board, told theThe Texas Medical Board “didn’t like Van Boven, so they used the judicial process to do something they shouldn’t have done.
"The TMB didn't like Van Boven," Tuckfield said,"so they used the judicial process to do something they shouldn't have done." Of the SCOTX decision, he said,"Justice was finally done, but it was a long road. The TMB had turned the administrative process on its head, and the Supreme Court fixed it to the way the judicial process should work. … The TMB made this personal, as opposed to just upholding the law.
The SCOTX decision remands the case back to district court, which will presumably order the TMB to issue a Void Report to the NPDB and assess fees and court costs due to Van Boven. The doctor hopes his case will encourage other providers to speak out when they see wrongdoing – in health care settings, state agencies, or the courts."I hope my experience can be a way to help improve transparency, and disclosures in health care," Van Boven said,"for patients and their families.
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