Sonia Hernandez Caruso v. Texas Medical Board, et al.

Congress through federal legislation created the National Practitioner Data Bank (NPDB) which is overseen by the Health and Human Services (HHS). HHS-NPDB has authority over a board of medical examiner’s that takes an adverse action and a State Licensing and certification authorities (Texas Medi­ cal Board) under Title IV, Section 1928, Section 1128E, 42 U.S.C. §11111, 42 U.S.C. §11112 and 42 U.S.C. §lllll(a)(l)(D). The Questions presented that has National Importance are:

1. Whether Congress, through the creation of the HHS-NPDB, Abrogates sovereign, state and quali­ fied immunity of the Texas Medical Board?

2. Whether Congress creates a Structural Waiver of the Texas Medical Board’s sovereign, state and qualified immunity to HHS-NPDB as dictated by the Supremacy Clause in Article VI of the Constitution? In 2018 Petitioner Caruso re-applied for a Texas medical license, was denied and she appealed to the State Office of Administrative Hearings (SOAH). Caruso appealed because the Texas Medi­ cal Board (TMB) changed their 2015 requirements from 1 year additional training to, in 2018, 1 year surgical training from an AGCME/AOA program. Also in 2015 Caruso was adjudicating a case against her former employer (AQOP) regarding Caruso’s competency and privileges. AQOP informed the TMB that they made no determination regarding Caruso’s competency and privileges terminated bas­ ed on Caruso’s license expiring. SOAH scheduled a hearing for December 9, 2020 for an Application for License. In November