Regulatory Action against
Jerald Tennant, M.D.
Stephen Barrett, M.D.
The Texas Medical Board has concluded that Jerald Tennant, M.D. has acted unprofessionally (a) by disseminating false, misleading, or deceptive advertising through two websites, (b) by soliciting patients for treatment of macular degeneration using the misleading statement that "traditional medicine has little to offer except vitamins like lutein," and (c) through his use of the title "Doctor of Pastoral Medicine," which is not recognized by the state of Texas. Tennant neither admitted nor denied these findings but agreed to a "nondisciplinary remedial plan" (shown below) under which he must:
- Pass the Board's Medical Jurisprudence Examination with a score of 75% or above.
- Take 16 hours of approved continuing medical education courses in ethics and risk management.
- Stop soliciting patients for treatment of macular degeneration using the misleading statement that "traditional medicine has little to offer except vitamins like lutein."
- Stop using the title "Doctor of Pastoral Medicine" unless he notes that it is not recognized by the State of Texas.
- Pay $500 per year for the cost of administering the remedial plan.
TEXAS MEDICAL BOARD
JERALD LEE TENNANT M.D.
LICENSE NO. D-1830
On the 25 day of August 2017, this matter came on to be heard before the Texas Medical Board (Board). On April 12, 2017, Respondent appeared at an Informal Show Compliance Proceeding and Settlement Conference (ISC), in response to a letter of invitation from the staff of the Board. This Remedial Plan was offered by Frank Denton, a member of the Board, and Stanley Duchman, M.D., a member of a District Review Committee (Panel). Jerry Bergman represented Board Staff and prepared this Remedial Plan. Respondent was represented by David Gibbs, III.
Respondent acted unprofessionally by disseminating false, misleading, or deceptive advertising through two websites; by soliciting patients for treatment of macular degeneration using the misleading statement that "traditional medicine has little to offer except vitamins like lutein"; and through his use of the title "Doctor of Pastoral Medicine", which is not recognized by the state of Texas. Respondent does not admit or deny the Findings and Conclusions of Law contained herein but, rather, has agreed to settle in good faith to avoid the cost, expense, and uncertainty of litigation.
Respondent has not had a prior Order or Remedial Plan with the Board.
Respondent cooperated in the investigation of the allegations that resulted in this Remedial Plan.
CONCLUSIONS OF LAW
I. The Board has jurisdiction over the subject matter and Respondent pursuant to Medical Practice Act, Title 3, Subtitle B, Texas Occupations Code (Act).
2. Section 164.05 I (a)(3) of the Act and Board Rules 164.3 and I 64.5(a) authorizes the Board to take action against Respondent.
3. Section 164.00 I 5 of the Act authorizes the Board to resolve this matter with a Remedial Plan.
4. Section 164.002(d) of the Act provides that this Remedial Plan is a settlement agreement under the Texas Rules of Evidence for purposes of civil litigation.
REMEDIAL PLAN TERMS
Based on the above, Respondent shall:
I. Within one year following the date of the entry of this Order, Respondent shall take and pass with a score of 75 or above the Medical Jurisprudence Examination ("JP Exam") given by the Texas Medical Board. Respondent is allowed three attempts to successfully pass this examination.
Respondent's failure to take and pass the JP Exam within three attempts within one year following the date of the entry of this Order shall constitute a violation of this Remedial Plan. After a committee of the Board or a panel of Board representatives (Board Representatives), has considered the information related to Respondent's violation of this provision and has determined that Respondent has not fulfilled the requirements of this provision. Respondent's medical license shall be IMMEDIATELY SUSPENDED pursuant to correspondence to Respondent from the Executive Director or Secretary-Treasurer of the Board indicating that Board Representatives have considered the information related to Respondent's violation of this provision and have determined that Respondent has not fulfilled the requirements of this provision. Although Respondent shall be invited to provide information or testimony to the Board Representatives, Respondent specifically waives any administrative due process under the Medical Practice Act, or the Administrative Procedure Act. for the Board Representatives to consider this information. THIS SUSPENSION SHALL BE EFFECTIVE WITHOUT THE NEED FOR A HEARING AT THE STATE OFFICE OF ADMINISTRATIVE HEARINGS OR OTHER ADMINISTRATIVE DUE PROCESS UNDER THE MEDICAL PRACTICE ACT OR THE ADMINISTRATIVE PROCEDURE ACT, AND RESPONDENT SPECIFICALLY WAIVES ANY SUCH HEARING OR DUE PROCESS AND ALL RIGHTS OF APPEAL. Respondent shall be notified of any suspension by certified mail, return receipt requested to Respondent's last known address on file with the Board. If Respondent's license is suspended on such a basis, the suspension shall remain in effect until such time as Respondent takes and passes the JP Exam and subsequently appears before the Board in person and provides sufficient evidence which, in the discretion of the Board, is adequate to show that Respondent possesses the skills and knowledge to safely practice in Texas and is otherwise physically and mentally competent to resume the practice in this state.
2. Within one year from the date of the entry of this Remedial Plan, Respondent shall enroll in and successfully complete 16 hours of continuing medical education (CME) approved for Category I credits by the American Medical Association or American Osteopathic Association; divided as follows: 8 hours in ethics and 8 hours in risk management. The CME shall be approved in writing in advance by the Executive Director or a designee. To obtain approval for the course, Respondent shall submit in writing to the Compliance Department information on the course, to include at least a reasonably detailed description of the course content and faculty, as well as the course location and dates of instruction. Respondent shall submit documentation of attendance and successful completion of this requirement to the Compliance Department on or before the expiration of the time limit set forth for completion of the course. The CME requirements set forth in this paragraph shall be in addition to all other CME required for licensure maintenance.
3. Within 60 days of the entry of this Remedial Plan, Respondent shall correct the following advertisements I) soliciting patients for treatment of macular degeneration using the misleading statement that "traditional medicine has little to offer except vitamins like lutein" and; 2) the use of the title "Doctor of Pastoral Medicine", (a disclaimer stating that the "title of Doctor of Pastoral medicine is not recognized by the State of Texas". will suffice): and submit proof of the corrected advertisements to the Compliance Department of the Board.
4. The cost of administering the Remedial Plan will be $500 per year. Payment of this cost is due no later than 60 days after the date of entry of this Remedial Plan. The cost shall be paid by cashier's check or money order payable to the Texas Medical Board and shall be submitted to the Executive Director for the Board for routing so as to be remitted to the Comptroller of Texas for deposit in the general revenue fund.
5. The terms of this Remedial Plan are not subject to modification or early termination.
6. Respondent shall comply with all the provisions of the Act and other statutes regulating Respondent's practice.
7. Respondent shall fully cooperate with the Board attorneys, investigators, compliance officers, consultants, and other employees or agents of the Board in any way involved in investigation, review, or monitoring associated with Respondent's compliance with this Remedial Plan.
8. Any violation of the terms, conditions, or requirements of this Remedial Plan by Respondent shall constitute unprofessional conduct likely to deceive or defraud the public, or to injure the public, and shall constitute a basis for disciplinary action by the Board against Respondent pursuant to the Act.
9. This Remedial Plan shall automatically terminate upon Respondent's submission to the Board of evidence deemed to be sufficient by the Compliance Division of the Board that Respondent successfully completed the requirements set forth in the Remedial Plan Terms Paragraph Nos. 1-4.
THIS REMEDIAL PLAN IS A PUBLIC RECORD.
THIS REMEDIAL PLAN IS NON-DISCIPLINARY.
(SIGNATURE PAGES FOLLOW)
I, JERALD LEE TENNANT, M.D., HAVE READ AND UNDERSTAND THE FOREGOING REMEDIAL PLAN. I UNDERSTAND THAT BY SIGNING, I WAIVE CERTAIN RIGHTS. I SIGN IT VOLUNTARILY. I UNDERSTAND THIS REMEDIAL PLAN IS A FINAL, NONAPPEALABLE AGREEMENT THAT CONTAINS THE ENTIRE AGREEMENT AND THERE IS NO GREEMENT OF ANY KIND, VERBAL, WRITTEN OR OTHERWISE.
JERALD LEE TENNANT, M.D.
DATE: MAY 30, 2017
SIGNED AND ENTERED by the presiding officer of the Texas Medical Board on this 25 day of August, 2017.
Sherif Z Zaafran, M.D., President
Texas Medical Board
This article was posted on September 12, 2017.