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Disciplinary Proceedings and the Texas Education Agency

February 19, 2024 Professional License Defense

Disciplinary Proceedings and the Texas Education Agency

The Texas Education Agency (TEA) houses the State Board for Educator Certification (SBEC), which conducts all investigations of complaints against educational professionals. The SBEC also handles disciplinary proceedings involving these professionals, including assessing any sanctions for misconduct. As these sanctions can be severe, consulting an educator license defense lawyer to defend your certification is critical.  The Role of the SBEC The SBEC is the division of the TEA that receives, investigates, and pursues complaints of...

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Handling Complaints Before the Texas Behavioral Health Executive Council

February 18, 2024 Medical License Defense

Handling Complaints Before the Texas Behavioral Health Executive Council (TBHEC)

The Texas Behavioral Executive Health Council (the Council) licenses and regulates certain types of behavioral health and social work professionals in Texas. This agency oversees individual licensing agencies for marriage and family therapists, professional counselors, psychologists, and social workers. As a result, complaints against these professionals and any ensuing disciplinary proceedings go through the Council and the appropriate licensing agencies. As the consequences of these proceedings can be severe, contacting an experienced Texas marriage and...

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Understanding the Texas Prescription Monitoring Program

February 17, 2024 Professional License Defense

What is the Texas Prescription Monitoring Program

The Texas Prescription Monitoring Program (PMP) is the state’s data collection and monitoring system for prescribed Schedule II, III, IV, and V controlled substances. The data collected includes all such prescriptions dispensed by Texas pharmacies and out-of-state pharmacies for Texas residents. The PMP also monitors the prescription information of patients for medical practitioners.  As a result, pharmacies and medical professionals who prescribe controlled substances have certain duties and responsibilities concerning the PMP. Failure to comply...

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Administrative Hearings at the State Office of Administrative Hearings (SOAH)

February 16, 2024 License Defense

Administrative Hearings at the State Office of Administrative Hearings (SOAH)

You may not know what to expect when you receive notice of a disciplinary complaint from your professional licensing agency. In most cases, licensed professionals can informally resolve their disciplinary proceedings by agreement. However, when an informal resolution to the complaint is impossible, your case may need to proceed to a hearing before the Texas State Office of Administrative Hearings (SOAH).   An adverse decision in your professional licensing case can cause serious consequences that may...

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Aggravating and Mitigating Factors in Disciplinary Proceeding Sanctions

February 15, 2024 License Defense

Aggravating and Mitigating Factors in Disciplinary Proceeding Sanctions

Texas professional licensing boards and agencies have wide discretion in determining sanctions for violating the laws and rules governing professionals. While some professions have advisory guidelines or recommended sanctions for various types of misconduct, a licensing board generally has the ultimate authority to decide the outcome of a disciplinary case. In making that determination, professional licensing boards often consider aggravating and mitigating factors. Having an experienced Texas licensing board defense attorney on your side can...

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Understanding Agreed Orders and How They Work

February 14, 2024 Medical License Defense

What are Agreed Orders and How Do They Work?

As a licensed professional in Texas, your licensing board can assess various sanctions against you if you have violated the rules or laws governing your profession. When facing disciplinary proceedings, you need to be aware of and understand the potential range of consequences that you may face, including agreed orders. By obtaining legal counsel to represent your interests, you will put yourself in a better position to oppose the disciplinary complaint that has been filed...

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The Role of Nursing Peer Review Committees in Texas

February 13, 2024 Medical License Defense

The Role of Nursing Peer Review Committees in Texas

Determining whether to report a licensed nurse to the Texas Board of Nursing (BON) for professional misconduct or other violations can be difficult and highly fact-specific. Hospitals, nursing homes, and other medical facilities must report violations in certain situations but may be able to handle some violations internally if they choose.  An experienced nursing license defense lawyer can assist you through the nursing peer review committee process and any BON disciplinary proceedings that ensue. We...

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Understanding the Disciplinary Process Before the Texas Real Estate Commission

February 12, 2024 Professional License Defense

What is the Texas Real Estate Commission’s Licensing Disciplinary Process?

The Texas Real Estate Commission (TREC) licenses various real estate professionals, including real estate agents, brokers, inspectors, education providers, easement or right-of-way inspectors, and timeshare plans. TREC is also responsible for monitoring and enforcing TREC rules and Texas laws that pertain to these professionals. Violations of any of these rules or laws can result in disciplinary sanctions by TREC that could endanger your professional real estate licensure. A real estate license defense lawyer represents your...

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What You Need to Know about the Texas Department of Licensing & Regulation

February 11, 2024 Professional License Defense

What You Need to Know about the Texas Department of Licensing & Regulation

The Texas Department of Licensing & Regulation (TDLR) licenses various occupations. TDLR also regulates and enforces the rules that govern those occupations. As a part of its governance duties, TDLR has adopted enforcement plans and penalty matrices for many occupations. These plans advise license holders of the potential sanctions they can face if they become subject to disciplinary proceedings. An occupational license defense lawyer can help you understand the TDLR enforcement plan and the possible...

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Remedial Plans and the Texas Medical Board What You Need to

February 10, 2024 Medical License Defense

Remedial Plans and the Texas Medical Board: What You Need to Know

The Texas Medical Board (TMB) can recommend and impose various sanctions in disciplinary proceedings against physicians and other medical professionals they regulate. One of the lesser sanctions in a disciplinary proceeding is the remedial plan. If you have been offered a remedial plan by the TMB as a potential resolution in your disciplinary action, the attorneys of Bertolino LLP can help.  An experienced medical license defense attorney can represent your interests in any disciplinary proceedings...

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