A Texas law that went into effect last month prohibits the Texas Medical Board from investigating anonymous complaints about physicians, according to an American-Statesman report.
House Bill 680 has drawn both support and criticism from the medical community and patient safety advocates, respectively. The law was passed after two nurses — Anne Mitchell and Vickilyn Galle of at Winkler County Memorial Hospital in Kermit — filed a complaint about a physician to the medical board anonymously in 2009.
The Texas Medical Board informed Rolando Arafiles, MD, of the anonymous complaint filed by the two nurses. In the complaint, the nurses accused Dr. Arafiles of using herbal remedies and utilizing hospital supplies to perform procedures at his home. Dr. Arafiles consequently asked his friend, Winkler County sheriff, Robert Roberts, Jr., to investigate who filed the complaint.
Mr. Roberts obtained a copy of the confidential complaint, which allowed him to identify the nurses. Prosecutors added Mr. Roberts obtained a search warrant to gain access to the nurses' personal computers to confirm they had penned the complaint, according to the news report. The nurses were charged with felony misuse of official information and were fired. Eventually, the charges against Ms. Galle were dropped while Ms. Mitchell was found not guilty.
Meanwhile, Dr. Arafiles was reprimanded and placed on probation for his retaliation against the nurses and improper treatment of patients. Mr. Roberts was also sentenced to jail and four years of probation.
While the medical community finds the new law as a victory, Alex Winslow, executive director of advocacy group Texas Watch, calls the legislation "a step in the wrong direction." Others still doubt the effectiveness of the new law, given that only 4 percent of total complaints submitted to the Texas Medical Board are done so anonymously.
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House Bill 680 has drawn both support and criticism from the medical community and patient safety advocates, respectively. The law was passed after two nurses — Anne Mitchell and Vickilyn Galle of at Winkler County Memorial Hospital in Kermit — filed a complaint about a physician to the medical board anonymously in 2009.
The Texas Medical Board informed Rolando Arafiles, MD, of the anonymous complaint filed by the two nurses. In the complaint, the nurses accused Dr. Arafiles of using herbal remedies and utilizing hospital supplies to perform procedures at his home. Dr. Arafiles consequently asked his friend, Winkler County sheriff, Robert Roberts, Jr., to investigate who filed the complaint.
Mr. Roberts obtained a copy of the confidential complaint, which allowed him to identify the nurses. Prosecutors added Mr. Roberts obtained a search warrant to gain access to the nurses' personal computers to confirm they had penned the complaint, according to the news report. The nurses were charged with felony misuse of official information and were fired. Eventually, the charges against Ms. Galle were dropped while Ms. Mitchell was found not guilty.
Meanwhile, Dr. Arafiles was reprimanded and placed on probation for his retaliation against the nurses and improper treatment of patients. Mr. Roberts was also sentenced to jail and four years of probation.
While the medical community finds the new law as a victory, Alex Winslow, executive director of advocacy group Texas Watch, calls the legislation "a step in the wrong direction." Others still doubt the effectiveness of the new law, given that only 4 percent of total complaints submitted to the Texas Medical Board are done so anonymously.
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