Doctor charged with public intoxication in ER, medical license suspended

Doctor charged with public intoxication in ER, medical license suspended
The Board panel found that on January 5, 2020, Dr. Garcia was arrested by the Lamesa Police Department in the Medical Arts Emergency Room in Lamesa, Texas for Public Intoxication. (Source: Dawson County Jail)

LAMESA, Texas (KCBD) - The Texas Medical Board temporarily suspended a physician on Wednesday after learning that he was arrested by the Lamesa Police Department on charges of public intoxication while in the Medical Arts Emergency Room in Lamesa.

The Texas Medical Board (TMB) learned that Dr. Rafael Fermin Garcia was arrested on Jan. 5, 2020.

In a news release, the TMB said Dr. Garcia was allegedly on call in the Emergency Room at the time of his arrest.

A temporary suspension hearing with notice will be held as soon as practicable with 10 days’ notice to Dr. Garcia, unless the hearing is specifically waived by Dr. Garcia, the news release states. The temporary suspension remains in place until the Board takes further action.

According to the TMB, a separate suspension order was issued in 2001, temporarily suspending Dr. Garcia’s license due to “evidence and information that his continuation in the practice of medicine would constitute a continuing threat to public welfare.”

Six months later, his license was suspended due to “inability to practice medicine with reasonable skill and safety to patients because of excessive use of drugs, narcotics, chemicals, and other substance, and prescribing or administering a drug or treatment that is non-therapeutic in nature or non-therapeutic in the manner the drug or treatment is administered or prescribed.”

A year later, in 2002, his suspension was stayed and Dr. Garcia was placed on probation for 10 years under certain terms and conditions.

Then in 2003, a modification was granted to his probation, saying Dr. Garcia can work up to 48 hours per week, but only at certain times of day.

In 2007, the TMB granted another modification in his 10-year probation status, saying he no longer had to keep a logbook for or copies of certain prescriptions as long as he is practicing in the emergency room of a hospital or other institutional setting and allowing him to work up to 60 hours per week.

In 2010, the board issued an order granting termination of Dr. Garcia’s 10-year probation. He requested the termination on the grounds that he had been in compliance for eight years and had been sober for nine years.

There have been no other incidents reported on his TMB license record since 2010.

Dr. Garcia graduated from the University of Texas Southwestern Medical Center at Dallas in 1992.

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