AUSTIN (KXAN) — A patient protection law, sparked by a series of KXAN investigations, is “very close” to finally taking full effect — two years after it was passed, according to the Texas Medical Board.
“Your news station, in conjunction with working with us, really helped push that legislation to help protect our patients,” said TMB President Dr. Sherif Zaafran. “So, I really thank you for doing that.”
House Bill 1998, which passed with bipartisan support in 2023, requires stricter scrutiny of doctors and more transparency for patients when it comes to discipline records. The TMB can now keep real-time tabs on doctors licensed to practice in multiple states, said Zaafran. The board receives discipline, criminal and malpractice alerts from the National Practitioner Data Bank — a confidential clearinghouse established by Congress in 1986 — instead of relying on doctors to self-report during medical license renewals every two years.
“That has been a huge, monumental step forward in us being able to act in a timely fashion,” said Zaafran.
Prior to the law, the TMB didn’t have the funding or authority to require fingerprinting or around-the-clock monitoring, said Zaafran. Currently, 97,343 physicians are enrolled in the NPDB. This month, 561 were added. The agency said 9,832 physicians still need to complete the fingerprinting requirement.
Medical licenses are renewed every two years. Every physician who renews on time will be enrolled in NPDB monitoring by the end of the month. Since fingerprinting started in November 2023, every physician who renews on time will be enrolled by the end of November, the TMB said.
“By the end of the year we should be at 100%,” said Zaafran. “There should not be any licensee that has not been fingerprinted and is part of the system where we would have that oversight.”
The impact of the law is already being felt with information about providers being received — and acted on — “a lot quicker,” said Zaafran.
‘Glad the changes have occurred’
The law was sparked by a 2022 KXAN investigation, which found around 50 doctors with clean records still practicing in Texas despite having licenses suspended, surrendered or revoked in other states.
“Obviously, I’m chagrinned that it took two years,” said Dr. Robert Henderson.
Henderson helped stop the notorious spinal surgeon Christopher Duntsch. In 2017, Duntsch was sentenced to life in prison after botched surgeries injured more than 30 patients, leaving two dead. Duntsch was portrayed by Alec Baldwin in the Peacock miniseries, “Dr. Death.”
Five years later, Henderson reviewed our findings at his home in Fort Worth and pushed for stronger patient protections.
“I understand some of the reasons why it takes time to make these changes,” he said. “I’m just glad the changes have occurred.”
He wants to see more teeth when it comes to enforcement for hospitals that do not report disciplined doctors to the NPDB. For now, he said it’s “excellent” to hear the law is working and to know “we won’t be importing bad actors.”
“You’ve brought up some very pertinent deficiencies in the system that are getting rectified,” added Henderson. “So I appreciate your work in this area.”
‘Significant achievement’
The state-level bill’s author, now Congresswoman Julie Johnson, D-Texas, reflected on her landmark bill in a new statement, calling it a “significant achievement for patient protection and accountability for bad actors practicing medicine.”
“Legislation that makes substantial changes to longstanding agency rules and practices can take time during the implementation process to ensure legislative intent is accomplished,” said Johnson, adding she is “thrilled” to know Texans “can finally and fully realize” the law’s impact.
Now, working on a federal level, Johnson said she will continue looking for ways to “improve patient safety and access to care, not just for Texans but for everyone seeking medical care in the United States.”
“I am grateful for Matt Grant and his reporting that led to these efforts,” she added. “Texans are indebted to his efforts to bring to light so many injustices, holding institutions accountable, and giving a voice to those who have been ignored.”
‘More work to be done’
Republican State Sen. Bob Hall, R-Edgewood, wants to take it further telling KXAN “there’s more work to be done.”
Hall co-sponsored HB 1998 and is now asking the TMB to release all complaints against physicians — sustained or not — and its investigative files dating back to 2020 to his office to review, saying more oversight and legislation is needed.
“It makes me even more determined to get them for purposes of legislation,” said Hall, “knowing that they want to keep them hidden.”
The TMB has filed a lawsuit to block that, citing Hall’s “extremely broad” request for confidential patient records.
“That is, from our standpoint, something that we think is very important to protect,” said Zaafran.
Hall said his motivation primarily stems from questions about physician discipline related to the COVID-19 pandemic. The TMB “has never” disciplined a doctor for prescribing legal medication, Zaafran stressed.
“Our job is just to enforce the law regardless of what the circumstance is,” he added. “And to make sure that is done in a fair manner.”
Austin doctor accused of sexual misconduct
This all comes days after the TMB announced it temporarily suspended the license of an Austin physician, Dr. Jared Kealy, this week. The board found he “initiated and continued a sexual relationship with two patients” during medical visits.
Kealy last practiced as a family medicine physician at Lone Star Circle of Care Adult Medicine at St. John, the TMB said.
“Lone Star Circle of Care prioritizes the safety and well-being of its patients and takes any allegations of professional misconduct very seriously,” said LSCC spokeswoman Ashley Wild. “Respecting the privacy of our patients, Lone Star Circle of Care cannot comment on any specific patient care. We can confirm that Dr. Jared Kealy has not provided medical services at Lone Star Circle of Care for some time and is no longer an employee of the organization.”
Kealy did not answer board questions about the allegations, according to the TMB’s order temporarily suspending his license. Contact information for him was not immediately available. A phone number believed to be associated with Kealy was disconnected. KXAN sent an email requesting comment to an address believed to be associated with him.
A patient said Kealy “sexually assaulted, raped, and sexually harassed her” starting in April 2025, the suspension order said. The accuser said it started with unsolicited sexual comments and Kealy initiating sexual contact during a medical exam. The two began a sexual relationship until the accuser said “she no longer wanted to continue.” In May, Kealy is accused of going to her home against her wishes and law enforcement was called, according to the order.
The order said, in June 2024, another patient said Kealy sent her “sexually graphic messages, pictures, videos and voice notes” and used a “vanishing” feature so the photos would delete. He is accused of asking her to meet in his car at a parking lot at 10 p.m. to perform a “breast exam.” The two carried a three-month-long sexual relationship, according to the complaint. He is accused of showing up at her home “against her wishes” and declined to treat her around the time of a “falling out” of their relationship.
Many of the sexual encounters occurred “during medical encounters” in exam rooms at LSCC, according to the TMB. Others were initiated “under the pretense of providing medical care,” the board said, which found Kealy also “requested sexual favors in exchange for prescribing medication.”
“Respondent’s initiation of a sexual relationship with two female patients, his continuation of the sexual relationships, his use of scheduled medical encounters to engage in sexual acts with the two patients, and his use of his position as their physician to elicit continued sexual contact,” the TMB wrote, “constitutes a continuing threat to the public.”
The temporary suspension remains in place until the board takes further action.
KXAN asked LSCC when Kealy was terminated and when officials learned about the allegations. We also asked if officials were made aware of the 2024 accusations, and, if so, why Kealy was allowed to still practice.
“Respecting the privacy of our patients,” said Wild, “LSCC has no further comment.”
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