Most states require you to complete a minimum of continuing education hours each year to maintain a professional license. The amount and nature of the education requirements vary according to the nature of the profession and the state laws involved. In almost all circumstances, failure to comply with continuing education requirements can result in disciplinary action against your occupational license.
A Texas professional license defense attorney may be able to defend you in disciplinary proceedings stemming from a failure to complete continuing education requirements or other allegations of misconduct. Therefore, it is best to contact the offices of Bertolino LLP, today by calling (512) 515-9518 or contacting us online.
Texas Medical Board
The Texas Medical Board (TMB) regulates and enforces rules and regulations that pertain to physicians and certain other medical professionals, including physician assistants, surgical assistants, acupuncturists, perfusionists, respiratory care practitioners, and more. Failing to complete required continuing medical education (CME) violates the Texas Medical Practice Act and constitutes unprofessional and dishonorable conduct that is likely to deceive, defraud or injure the public within the meaning of the Act, which could expose a licensee to a complaint and investigation.
As a result, the TMB has legal authority under 22 Tex. Admin. Code § 190.8(2)(M) to discipline these medical professionals for failing to complete their CME. The penalties for a medical professional’s failure to complete CME as required differ according to each situation. Based on the TMB’s penalty matrix published at § 190.14(9), sanctions for failure to complete 48 credits of CME within 24 months can range as follows:
- Completion of a remedial plan that includes making up all missing CME credits, as well as completing current CME credits, completing four hours of CME in ethics/risk management, and paying a $500 administration fee; or
- Completion of eight hours of CME in ethics/risk management, making up all missing CME credits, completing all current CME credits, paying a $1,000 administration fee, and taking a jurisprudence exam.
Texas Board of Nursing
Like other medical professionals, licensed nurses in Texas must complete a specific number of continuing nursing education (CNE) hours within their practice areas in each two-year licensing period under 22 Tex. Admin. Code § 216.3. Failure to complete your CNE requirements or falsifying your records constitutes unprofessional conduct under § 216.9. Therefore, the Board of Nursing (BON) will have grounds for disciplinary action against your license, including refusing to renew it.
An isolated incident of failing to demonstrate continuing competency requirements could result in a warning or referral to the targeted assessment and remediation pilot program. However, those remedies are unavailable in a contested case. However, more serious incidents could result in remedial education, with or without fines of $250 or more for each violation, a reprimand, or even more severe penalties.
Texas State Bar
Article XII of the Texas State Bar Rules outlines licensed attorneys’ minimum continuing legal education (MCLE) rules. Each attorney must complete at least 15 hours of CLE during each compliance year, which begins on the first day of the month in which their birthday occurs. An attorney may complete up to three of the 15 hours via self-study. At least three of the 15 hours must concern subjects involving legal ethics or professional responsibility, and at most, one of the three hours concerning those topics can be completed via self-study.
Attorneys who still need to complete their required CLE by the first day of their birth month after completing their compliance year will receive a notice of non-compliance. They will have an automatic grace period until the end of their birth month to complete their MCLE hours. If by the last day of the fourth month following the attorney’s birth month (or the reporting month, if the attorney has been granted an extension of time to report), the attorney still has not complied by completing their MCLE, the attorney’s law license shall be subject to automatic suspension.
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Texas Department of Insurance
Under 28 Tex. Admin. Code § 19.1003(a), most insurance agents and adjusters must complete 24 continuing education (CE) hours, including three hours of ethics. Some types of insurance licenses require only ten hours of CEs. Individuals who fail to complete the required CEs before the expiration date of their licenses will have 90 days to complete the missing CEs and pay a fine of $50 per missing CE. If they fail to complete the missing CEs and pay the fines within those 90 days, their licenses will be inactivated. The only way to restore their licenses is to apply for new licenses, which the Texas Department of Insurance (TDI) will not grant until the individuals complete the required CEs and pay the fines.
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Defend Yourself Against Disciplinary Proceedings Involving Your Professional License
We want to help put you in the best position to protect your license. Therefore, you should seek immediate legal representation to take the steps necessary to defend your license from these potentially severe consequences. At Bertolino LLP, you will find a professional license defense lawyer to assist you with your disciplinary proceedings. Make an appointment to speak to us today by calling (512) 515-9518 or contact us online to see how we can help.
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