Ruben Aleman, M.D. v. Texas Medical Board

Summary

This document is Justice Jeffrey S. Boyd’s dissenting opinion in a Texas Supreme Court case concerning the Texas Medical Board’s disciplinary authority over a physician who certified a death certificate on paper rather than through the required electronic system. The dissent argues that the governing statutes plainly authorized discipline for an illegal act connected with the practice of medicine and would have affirmed the lower court’s judgment. It also rejects the physician’s impossibility defense and challenge to the penalties.

Holdings

1. In the dissent's view, the statute expressly authorizes the Medical Board to discipline a physician who commits an act violating any state or federal law if that act is connected with the physician's practice of medicine; the statute does not require a separate showing that the particular act was likely to deceive or defraud the public.
2. In the dissent's view, Dr. Aleman could not rely on impossibility because his inability to electronically certify the death certificate resulted from his own failure to register for the electronic system.
3. In the dissent's view, the Board did not abuse its discretion by imposing arbitrary or capricious penalties because the penalties were below the maximum authorized by the Board's rules.

Questions Presented

1. Whether Texas Occupations Code sections 164.051(a)(1), 164.052(a)(5), and 164.053(a)(1) authorize the Medical Board to discipline a physician for committing any state-law violation connected with the practice of medicine, or only a violation independently likely to deceive or defraud the public.
2. Whether Dr. Aleman could assert impossibility because he had not registered to use the electronic death-certification system.
3. Whether the Medical Board abused its discretion by imposing arbitrary or capricious penalties.
4. Whether the Board's complaint satisfied statutory requirements and whether Dr. Aleman was entitled to attorney's fees in the administrative proceedings.

Disposition

other