First Round of Fast Track Had “Issues”

First Round of Fast Track Had “Issues”

At the meeting in June, the first batch of so-called Fast Track Agreed Orders were considered by the Board. There were some problems. The doctors who chose to have their written material only considered actually did not get it considered. It got sent to a Board committee that was unable to give this material the appropriate review. As a result, those Orders will be resubmitted for appropriate consideration and any appellate timetable is on hold until the doctors hear further from the TMB.

When one submits writing material for consideration, you are waiving your rights for a hearing. What is critical when you waive your right to an ISC, it appears based on the rules, one also waiving the right to an appeal at the State Office of Administrative Hearing. Therefore, if the Board still wants to issue a punishment and the doctor does not wish to accept it, the next step in the appeal process for this is district court. If you elect to do the fast track and have your written material only considered, you are waiving your right to ISC and SOAH. That sure seems to be what rule 165.005 is saying. This is not explained in the material that I have seen thus far from the Board.

If you think you have a good defense, you should opt out of fast track and choose the ISC option. The middle option of staying in fast track and having the Board review written materials is not a good option at this stage until the Board works out this serious flaw in the system.