To maintain their licenses, individuals who hold professional licenses must typically complete a minimum of continuing education hours within a certain timeframe. The amount and subject matter of those education requirements vary according to the profession involved. However, under the disciplinary rules that govern most professions in Texas, failing to complete the required continuing education requirements can lead to disciplinary action against one’s professional license.
A Texas professional license defense attorney can help defend you in disciplinary proceedings that may arise from a failure to complete continuing education requirements and other allegations of misconduct. If you are facing a disciplinary complaint from your professional licensing board or agency, you can contact the offices of Bertolino LLP by calling (512) 515-9518 or contacting us online.
Texas Medical Board
The Texas Medical Board (TMB) has the task of regulating and enforcing rules and laws that apply to physicians and other medical professionals, including physician assistants, surgical assistants, acupuncturists, perfusionists, and respiratory care practitioners. Physicians and other medical professionals must complete continuing medical education (CME), which differs according to each profession. Under 22 Tex. Admin. Code §190.8(2)(M), failing to complete the required CME is a violation that constitutes unprofessional and dishonorable conduct that is likely to deceive, defraud, or injure the public. This type of unprofessional and dishonorable conduct could cause unwanted disciplinary proceedings and sanctions.
- 190.14(9) contains a penalty matrix that lists recommended sanctions for violations of certain rules and laws related to medical professionals. Sanctions for failure to complete or document the required CME 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, completion of all missing and current CME credits, payment of a $1,000 administration fee, and passage of a jurisprudence exam.
Texas Board of Nursing
22 Tex. Admin. Code §216.3 outlines the continuing education requirements for nurses, who must complete a specific number of continuing nursing education (CNE) hours within their practice areas in each two-year licensing period. Nurses must maintain documentation of their CNE hours, as they are subject to periodic compliance audits. Nurses who fail to complete their CNE requirements or falsify their CNE records commit unprofessional conduct under §216.9. Any incident of unprofessional conduct can result in the BON initiating disciplinary proceedings.
While an isolated incident of failing to complete CNE requirements could result in a warning, repeated or more severe occurrences could result in remedial education, fines of $250 or more for each violation, a reprimand, or even harsher penalties.
Texas Board of Veterinary Medical Examiners
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Under 22 Tex. Admin. Code §573.64, veterinarians must complete 17 hours of acceptable continuing education each year to keep their licenses in good standing. Equine dental providers must complete six hours of continuing education annually, and licensed veterinary technicians must complete ten hours.
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Failure to complete the required continuing education hours without obtaining a hardship exemption can result in disciplinary action under 22 Tex. Admin. Code §573.66, as can failing to maintain the required records, falsifying records, and intentionally mispresenting programs for credit. Additionally, the Board may require licensees who have violated the law or rules to complete continuing education hours and those they are already required to complete.
Texas State Board of Public Accountancy
Like most professionals, certified public accountants (CPAs) must regularly complete a certain amount and type of continuing education. For example, under 22 Tex. Admin. Code §523.130, CPAs must complete a board-approved CPE credit ethics course beginning two years after their initial licenses expire and must continue to take it every two years thereafter. CPAs also must complete 120 CPE credits within three years and a minimum of 20 CPE credits per year under 22 Tex. Admin. Code §523.112.
Failure to complete and/or report the completion of the required ethics course to the Texas State Board of Public Accountancy (TSBPA) can result in disciplinary action under 22 Tex. Admin. Code §523.114. Under that code section, CPAs can face disciplinary proceedings for violating 22 Tex. Admin. Code §501.94, which requires CPAs to complete the ethics and other continuing education requirements or risk a license suspension. This section further provides that once an individual’s license has been suspended for three consecutive years for failure to complete the required CPE, their license is subject to revocation. Furthermore, these individuals cannot reinstate their licenses for at least 12 months from the date of the revocation.
Texas Behavioral Health Executive Council
The Texas Behavioral Health Executive Council (BHEC) is the umbrella agency for psychologists, social workers, marriage and family therapists, and professional counselors. All these professionals are subject to continuing education requirements to maintain their licensure.
22 Tex. Admin. Code §882.50 states that every professional licensed by BHEC must complete the amount and type of continuing education as required by their individual professional boards. BHEC performs both random and individualized audits to check licensees’ compliance with continuing education requirements. Failure to comply with or pass either of these audits can result in disciplinary action, as can noncompliance with any of the rules or laws that apply to the professionals licensed by BHEC.
Get Legal Advice and Defend Yourself Against Disciplinary Proceedings
A Bertolino LLP professional license defense lawyer can examine your situation, evaluate your options, and advise you as to the most effective strategy for preserving your license. Our goal is to put you in the best position to protect your license and career from potentially harmful sanctions that may result from disciplinary proceedings. Call us today at (512) 980-3751 or get more information about us online.
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