Posts Archives - Page 35 of 65

September 11, 2018Posts

Texas Medical Board Enacts Rule Amendments

The Texas Medical Board (TMB) recently adopted amendments to the rules for physician licensure in Texas. Updates to Procedural Rules on Physician Licensure A number of the amendments deal with the procedural rules after the TMB receives a complaint against a Texas doctor. The title of section §187.18 is changed to "ISC Scheduling, Process, and Procedures." This section was formerly entitled "Informal Show Compliance Proceeding and Settlement Conference Based on Personal Appearance." In §187.76(c)(3) the...

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September 10, 2018Posts

TDLR Releases Its Strategic Plan for FY 2019 – 2023

The Texas Department of Licensing and Regulation (TDLR) provides oversight for a broad range of occupations, businesses, facilities, and equipment used by Texas businesses. The TDLR is responsible for managing 40 programs assigned to it by the Texas legislature. It issues licenses, certificates, permits, and registrations for the professions it regulates, and investigates and resolves complaints received against its licensees. The Agency released its Strategic Plan for Fiscal Years 2019–2023. In the section on Strategic...

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August 16, 2018Posts

What is Administrative Law?

Administrative law "encompasses laws and legal principals governing the administration and regulation of government agencies." Essentially, administrative law is the body of law that regulates the operation and procedures of governmental agencies. An attorney who practices administrative law either carries out government work or works with government regulations. For example, a professional license defense attorney practices in administrative law. Importance is placed on the powers granted to administrative agencies, the rules those agencies enact, and...

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August 15, 2018Posts

Hearsay Exceptions for Administrative Hearings Before SOAH

The Texas Rules of Evidence (TRE), which govern nonjury civil cases in district court, apply to contested cases at the State Office of Administrative Hearings (SOAH): "except that evidence inadmissible under those rules may be admitted if the evidence is: (1) necessary to ascertain facts not reasonably susceptible of proof under those rules; (2) not precluded by statute; and (3) of a type on which a reasonably prudent person commonly relies in the conduct of...

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August 10, 2018Posts

New Rules for Acupuncture Licensure in Texas

Texas acupuncturist are licensed by Texas State Board of Acupuncture Examiners, which is part of the Texas Medical Board (TMB). Recently the TMB adopted amendments to the rules for acupuncture licensure in Texas. Update to Rules on Acupuncture Licensure The amendments pertain to qualifications for licensure. The new language under subsection (a)(5) allows an applicant for licensure to appear before the licensure committee of the Board to request reconsideration of the applicant's ineligibility based on...

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August 10, 2018Posts

Coping With the Threat of Losing Your Professional License

Are you facing a formal complaint filed with your licensing board? If so, you know allegations of misconduct against a licensed professional are serious. When your professional license is in jeopardy due to allegations of misconduct, your career is at stake. The threat of losing your license and livelihood can derail even the most stoic and organized among us. Coping With the Threat of Losing Your Professional License Feelings of anxiety, uncertainty, fear, or generally...

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August 10, 2018Posts

Attorney for Representation Before Your Licensing Board

Often issues regarding professional conduct are resolved through licensing boards and the administrative processes. When a client, patient, customer, or other party files a complaint against you with your licensing board, it begins an investigation into your conduct. This can be frightening even if you believe the allegations are meritless. You do not have to face the licensing board on your own. In fact, you shouldn't! You have the right to have an attorney represent...

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August 09, 2018Posts

Formal Complaints Filed with the Texas Alcoholic Beverage Commission

The Texas Alcoholic Beverage Commission (TABC) regulates every aspect of the alcoholic beverage industry in the state. Duties of the Commission include permitting and licensing, regulating sales, taxation, manufacturing, importing, transporting, and regulating advertising of alcoholic beverages. Restaurants, bars, liquor stores and many other businesses must have a license to sell alcohol in Texas. The application process can often be time consuming and complicated. The Commission says it takes approximately 45 to 60 days to...

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August 08, 2018Posts

Defending Your License to Practice Law in Texas

As licensed attorneys we worked for many years to earn the privilege to practice law in Texas. If your law license comes under attack from a complaint filed with the State Bar of Texas, it is imperative that you take immediate action to defend your license. As an attorney you know that representing yourself is not the answer and that the best course of action is to hire a professional license defense attorney to represent...

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August 06, 2018Posts

What is the Texas Physician Health Program?

The Texas Physician Health Program (TXPHP) is an independent and confidential program that serves TMB applicants and licensees affected by substance use disorders, physical illness and impairment, or psychiatric conditions. The TXPHP provides education, recognition, and assistance in diagnosis and treatment for participants through a recovery program adapted and monitored according to their specific needs. The Program serves physicians, physician assistants, acupuncturists, and surgical assistant applicants and licensees of the TMB. The Program is overseen...

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