Do I Have to Report My Arrest to the Texas Medical Board?

Texas physicians often find themselves unsure about their legal obligations after an arrest, particularly regarding whether they must notify the Texas Medical Board (TMB). A criminal arrest, plea deal, or conviction can have implications beyond the criminal realm by affecting your professional career and reputation as well. However, not all criminal events need to be reported to the TMB. Our legal team at Lype, Dest & Smith works directly with healthcare professionals, making sure you fulfill state reporting requirements while shielding the careers you’ve dedicated years to building.

Under Texas law, the TMB requires physicians to self-report certain criminal events, including convictions, felonies, and deferred adjudications. These rules maintain public trust, but adding compliance duties on top of legal challenges can be daunting. Knowing precisely what and when to report goes a long way in preventing needless sanctions.

When Do I Have to Report My Arrest to the Texas Medical Board? 

It depends. Physicians and other TMB licensees must report certain criminal incidents on their license renewal forms. However, according to TexMed, licensees must self-report and explain certain plea deals and convictions for a felony or misdemeanor “involving moral turpitude” within 30 days. While moral turpitude is not specifically defined, it generally means unprofessional or dishonorable conduct likely to injure or deceive the public, and can include:

• Assaultive or sexually inappropriate behavior
• Bribery
• Theft or burglary
• Kidnapping
• Obstruction of justice
• Offenses involving substance use/abuse

Not all criminal issues need to be reported, and self-reporting when you do not need to can lead to unnecessary investigation and/or discipline by the TMB. 

Can the Texas Medical Board Make Your Arrest Record Public?

In most cases, the Texas Medical Board does not automatically release an arrest record to the public. While the TMB does have the authority to investigate criminal matters that may impact a physician’s ability to practice, it generally does not publish the arrest itself. Instead, the board reviews the incident, determines whether it violates the Texas Occupations Code, and, if necessary, issues disciplinary action. However, arrest records may be public through other outlets, such as police departments or district attorneys.

What is often made public are the results of those disciplinary proceedings. Reprimands, suspensions, probations, or revocations are typically posted on the physician’s public profile, which can reveal the underlying matter to employers, colleagues, and patients. Under Texas Occupations Code §164, the TMB may discipline license holders for certain criminal convictions and conduct that raises questions about a physician’s competence, ethics, or patient safety.

How Arrests Can Affect Your Medical License

Not every arrest automatically leads to board discipline. Still, any criminal allegation that involves patient safety, controlled substances, or crimes of moral turpitude is far more likely to prompt TMB scrutiny. 

Possible outcomes vary. The board may launch a detailed investigation, order a temporary suspension if it believes there is an immediate threat to patients, or publicly post sanctions that remain part of your record. Sometimes, you may be required to report the incident before any conviction occurs, adding to the pressure when your legal status remains uncertain. The impact on your practice and reputation can be immediate and lingering.

Factors That Influence Disciplinary Action

Several factors can shape how the Texas Medical Board evaluates and responds to an arrest. 

• Type of offense: Felonies, crimes involving moral turpitude, and drug-related charges tend to receive the most scrutiny, as they raise concerns about public safety and professional integrity.
• Timing of the incident:  Misconduct during active licensure often results in harsher consequences than offenses committed before licensure.
• Repeat offenses: Multiple incidents may point to a pattern and heighten the board’s response.
• Cooperation with the board: Providing timely, accurate, and complete information can help mitigate consequences.
• Legal outcome: Dismissals or acquittals may limit damage, while convictions usually result in stronger sanctions.

Each element can influence whether the board takes no action, issues a warning, or imposes serious penalties.

Each element can influence whether the board takes no action, issues a warning, or imposes serious penalties. In severe cases, such as allegations involving billing misconduct or ethical breaches, physicians may also face penalties for medical fraud, which can further endanger their license and professional standing.

What to Do If You’re Under Review by the Board

You must act quickly if you receive notice that the TMB is investigating your arrest. Waiting too long can lead to missed deadlines, incomplete responses, or assumptions by the board that work against you.

Contact a medical license defense attorney before speaking to the board or sharing documents. Legal counsel can help you collect key records, such as police reports, court filings, and dismissal or expungement orders, and prepare a precise, compliant response. 

Avoid making statements to investigators without representation, as Texas law often requires self-reporting certain convictions or deferred adjudications within 30 days. Missing this deadline can create a separate violation, even if charges are later dropped. Addressing the matter early provides the strongest opportunity to protect your license and limit potential disciplinary action.

Contact Lype Dest Smith to Protect Your Medical License

In the cases when you may have to disclose an arrest or criminal incident to the Medical Board, your career, reputation, and future in medicine can be put at risk. Prompt legal action can help safeguard your license and limit lasting damage. At Lype, Dest & Smith, we represent physicians, nurses, and other healthcare professionals across Texas, providing strong defense in board investigations. Call 512-881-3556 today to protect your medical license.

Dan Lype

Not afraid to go to court when necessary, Dan has successfully litigated cases all the way to the Supreme Court of Texas. Dan also prides himself on being readily available to clients throughout their cases. He strongly believes effective representation should be a collaborative effort between a client and their attorney.

Years of experience: 15 years
Justia Profile: Dan Lype
Bar number: 24065658
Location: Austin, TX