Blog : Texas Professional License Defense Law Firm : Bertolino LLP

May 18, 2020 Posts

Explaining a Criminal Conviction to the Texas Board of Nursing

The Texas Board of Nursing has the power and the jurisdiction to consider criminal convictions of applicants and acting nurses as a part of its mandate to regulate the practice of the nursing profession. The scenarios for applicants and for already-licensed nurses is quite different, and the situations under which the Board of Nursing is likely to accept an explanation of a criminal conviction is therefore altered in kind. When the Board is considering permitting...

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May 17, 2020 Posts

Informal Settlement Conferences Before the Texas Board of Nursing

The Texas Board of Nursing does not always permit an Informal Settlement Conference for a nurse whose license is under review due to a complaint. These conferences are most often set aside for cases in which credibility is one of the primary issues at question, or for nursing practice cases or issues of advanced practice. Yet, in circumstances where such a Conference would be beneficial to a nurse’s case, an experienced professional license defense attorney...

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May 16, 2020 Medical License Defense

Contending with an Investigation by the Texas Board of Nursing

The Texas Board of Nursing is charged with protecting the public by establishing and maintaining quality in the selection of and maintenance of those individuals who may be permitted to practice nursing within the state. As such, among the Board’s primary functions is investigating complaints made against the licenses of nurses. The Board will, therefore, investigate any issue relating to the practice of nursing. Among the more common subjects of these investigations are allegations of...

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May 15, 2020 Posts

TMB Sunset Review Provided New Pathways to Physician Licensure

The Texas Medical Board went under Sunset Review in 2015, and emerged in 2017 with certain recommendations to take up—among them a number of new pathways to physician licensure. Some of these recommendations were adopted soon after the report was made (though surprisingly an emergency session had to be called to continue TMB’s existence for two additional years), but many (including a longer-term 12 years extension of TMB’s mandate) were not made until 2019. Among...

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May 14, 2020 Posts

New Rules in Texas For When a Physician’s Abortion Attempt is Unsuccessful

The topic of abortion is a sticky one—it is among the most acrimonious points of conflict in the political “culture war” in our nation. Texas finds itself no exception to this—groups such as the ACLU claim our laws make it more difficult for those desiring an abortion to receive one than in most other states. This makes the performance of such procedures a hot-point for doctors, and often brings the practices of such medical professionals...

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May 13, 2020 Posts

Dealing with the Formal Investigation Phase of a Medical License Complaint

After performing a preliminary review of a complaint against a medical professional, during which a licensee sometimes may submit a response to an initial complaint letter, the Texas Medical Board will pass forward a complaint that is determined to both have probable cause and over which the Board determines itself to have jurisdiction. This is when the complaint enters its formal investigation phase. This phase, according to Board Rule 179.6, is supposed to conclude within...

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May 12, 2020 Posts

When a Medical Professional Receives an Initial Complaint Letter

The Texas Medical Board considers complaints against its licensees. After receiving a complaint, the Board will conduct its preliminary review. It has 45 days in which to do so. In some cases, this review includes contacting the licensee who is under review in order to give them a chance to respond to the allegations in the complaint. This official form of contact is referred to as the “initial complaint letter,” and generally includes a description...

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May 11, 2020 Posts

What Happens When a Real Estate Agent Makes a Payment With Insufficient Funds?

The Texas Real Estate Commission (TREC) is the agency responsible for overseeing the licenses of those authorized to engage in real estate transactions in the state. It has a great deal of latitude in the penalties it may impose on those licensed under its auspices for various actions that it considers unbefitting a real estate agent. As with many Texas state agencies, the Commission is charged with protecting the public from malpractice and malfeasance on...

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May 10, 2020 Posts

When a Pharmacist is Accused of Engaging in Deceit

The practice of pharmacy is a highly regulated profession—and rightly so, given the rampant and highly-publicized epidemic of drug abuse in the United States, to which Texas is no exception. Pharmacists go through a great deal of education and training to achieve their licenses, and should do everything they can to keep their livelihoods intact. At times they may be falsely accused of deceit. When they are, they should contact an experienced professional license defense...

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May 09, 2020 Posts

Professions Governed by the Texas Medical Board

The Texas Medical Board is charged with licensing and monitoring the licenses of a number of different medical professions in the state. Obtaining a license from the Board is no easy feat—any license that one may succeed in acquiring through this agency requires a great deal of preparation, including years of education and pre-licensure testing, often at great expense and even potentially a great deal of accrued monetary debt. No one who goes through all...

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