The Texas Medical Board does not issue licenses for every application it receives. In 2018—the latest year for which records are publicly available—the number of applications was 5717. The number of licenses issued was a mere 4514. More than a thousand applicants, in other words, were left out in the rain by the Texas Medical Board.
Obviously, a license is required if one is to practice medicine in Texas. To begin or continue to practice medicine without a license in place puts an individual in danger of being severely penalized. Meanwhile, the licensing process is a complicated one, and the Board may call physician hopefuls to appear and answer questions regarding their fitness to practice medicine. The Board’s discretion in choosing to issue or deny medical licenses is far-reaching. And there are numerous reasons the Board may decide to deny a license. Among these are: purportedly failing to meet the requirements of eligibility; failing to provide any additional items that may have been requested by the licensing analyst; purported omissions or falsifications made in an application; discipline made previously by the licensing board of another state; a criminal history involving substance abuse, dishonesty, or moral turpitude.
All this after the individual studied for many years and went through prodigious training to gain the skills they need for this profession.
That said, any person who applies for a license and finds they have been denied one by the Board may choose to challenge that denial. This is done by filing for a formal resolution before the Texas State Office of Administrative Hearings. There, an Administrative Judge will oversee the hearing, and, based on what they determine, this Judge will then send forward a Proposal for Decision to the Medical Board. The Board takes this Proposal into advisement and issues its final Order.
What if my medical license is denied by the Texas Medical Board?
Should this Order still deny the hopeful petitioner the license for which they have worked so hard, they may appeal the decision to the District Court.
As soon as you learn your application for medical licensure has been denied, you should contact a professional license attorney. BERTOLINO LLP can help. We are experienced license defense attorneys and we know how to navigate the appeals process before the Texas Medical Board, the State Office of Administrative Hearings, and the Texas court system. We are skilled at assisting medical professional hopefuls in determining the course of action that will be beneficial or detrimental to your career, depending on the situation. Immediately consulting an experienced license defense attorney to review your denial of license helps ensure the most favorable outcome in your case.
With offices in Austin, Houston, and San Antonio, we serve medical professional clients all over the state. Contact us today or call (512) 476-5757 and schedule a case evaluation.
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