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Blog - Page 55

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October 10, 2020 Posts

What is the Difference Between a Remedial Plan and an Agreed Order Under the Texas Medical Board?

In its course of operations, the Texas Medical Board processes more than 7,000 complaints against physicians in a typical year. Of course, not every one of these makes it through the first evaluation, particularly if they fail to pass the muster of falling within the Board’s jurisdiction and having enough evidence to support the allegations having violated either the law or Board Rules. But those that do generally result in the launching of an investigation,...

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October 09, 2020 Posts

When a Podiatrist Receives a Complaint Before TDLR

Podiatrists do a great service to the people of Texas. After many years of schooling, including the time spent gaining their D.P.M. from an accredited college of podiatric medicine, they earn the skills necessary to prevent, diagnose, and treat foot disorders resulting from disease or injury. They may perform or order any necessary diagnostic tests, administer necessary medications, prescribe both physical therapy and medications, and even perform surgery to help their patients heal. Moreover, they...

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October 08, 2020 Posts

How Physicians Should Respond to Spurious Complaints to the Texas Medical Board

Physicians face all manner of complaints lodged against them with the Texas Medical Board. Some of them the Board dismisses without pursuing—because they are clearly not within the Board’s purview to review. Some of them, which do fall under the Board’s competence, are legitimate and deserve pursuing. But some complaints allege matters over which the Board does have control, the claims of which are erroneous or even wholly fabricated—and nevertheless, the Board will investigate them....

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October 07, 2020 Posts

Understanding the Complaint Process of the Texas State Board of Social Worker Examiners

When the Texas State Board of Social Worker Examiners receives a complaint against a licensed social worker, it will first determine whether the matter alleged in the complaint falls under its jurisdiction to handle. If it does, then the Board will open an official investigation and notify the social worker who is the subject of the complaint. At this point, the social worker will be invited to make a formal response to the allegations in...

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October 06, 2020 Posts

Properly Documenting Physician Decision Making Can Keep Complaints at Bay

As a Texas physician, receiving notice of a complaint made against your license can cause you to feel burdened by a great deal of stress. The process of schooling, training, and licensure through which physicians like yourself go to achieve your professional positions lasts for years, and its difficulty is legendary. All the effort you undertook to do so much good for your fellow human beings can be put at significant risk with the filing...

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October 05, 2020 Posts

How a Medical Professional Can Forestall Complaints with Proper Office Standards of Conduct

Among the 7000 complaints the Texas Medical Board processes annually, all are approached by the Board from a prosecutorial standpoint. This is to say the Board takes the side of the public against the physicians who have been complained about. These complaints are made by many different individuals, ranging from other health care professionals to patients and the families of patients. And every one of them is investigated—at least to the point of determining that...

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October 04, 2020 Posts

If You Miss the Deadline to Respond to a Board Complaint

Any time a professional receives notice that a complaint has been filed against them before the board, commission, or agency that oversees their license, it can cause a great deal of stress. After all, this is your career, your reputation, and your livelihood that are being put at risk. Unfortunately, a common tactic—or lack thereof—is to ignore the complaint and put it out of mind. To avoid it, in other words. Often this results in...

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October 03, 2020 Medical License Defense

When Your Application for a Medical License in Texas is Denied

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...

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You may need a permit to give away free alcoholic beverages in Texas.

October 03, 2020 Professional License Defense

Can I Give Away Free Alcoholic Beverages Without a Permit?

Under specific circumstances, Texas liquor laws allow you to give away free alcoholic beverages without a permit. The Texas Alcoholic Beverage Commission (TABC) has rules in place regarding instances in which you can give away free alcoholic beverages without a liquor license. A clear understanding of these rules is paramount to avoid legal penalties.  Bertolino LLP is a Texas law firm with many years of experience in professional and occupational license defense cases. Our Texas...

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October 02, 2020 Posts

If a Realtor’s License is at Risk Because of Advertising Choices

If you’re a Texas realtor, you know how much work you’ve done to establish your expertise, to get to know your market, to grow a clientele, to strike out on your own. And you are well aware of the role of advertising in your ability to continue to practice your career. But it can come as a nightmare when your realtor’s license comes under fire because of accusations that you’ve violated the rules governing real...

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