Blog : Texas Professional License Defense Law Firm : Bertolino LLP

August 18, 2019 Posts

Alternative Dispute Resolution: Resolving Contested Licensing Board Cases Referred to the State Office of Administrative Hearings

Texas licensing boards investigate complaints filed against the individuals and entities they license. When a complaint moves forward to investigation and is not resolved informally, or when the licensee requests a hearing, then the case will be forwarded to the Texas State Office of Administrative Hearing (SOAH) for formal hearing. SOAH hears all types of cases against license holders regarding complaints of violations of board rules and/or other alleged malfeasance. A SOAH hearing serves as...

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August 17, 2019 Posts

TDLR Disciplinary Actions

An individual or business entity licensed by the Texas Department of Licensing and Regulation (TDLR) is subject to the rules and regulations pertaining to their specific program. The TDLR regulates over forty programs and professions in Texas. Any holder of a license may be subject to TDLR disciplinary action based upon a complaint filed against the licensee. Possible TDLR Disciplinary Action As the licensing body, the Agency is responsible for resolving complaints against licensees. Licensees...

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August 16, 2019 Posts

4 Actions to Avoid When A Licensing Board is Investigating a Complaint Against You

It is a tough day when you receive a notice that a complaint has been filed against you with your licensing board and now you are under investigation. Your license, livelihood, and reputation are at risk. Texas licensing boards have the authority to take a number of disciplinary actions against their licenses. In order to protect your license and mount the best defense against the allegations, avoid these 4 actions. 1. Avoid Avoiding. Do not...

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August 15, 2019 Medical License Defense

Avoiding Ethical Violations for Texas Attorneys

A grievance filed against a Texas attorney alleging ethical violations is serious. A complaint, even if later it is found to lack merit, can have adverse and lasting effects on your legal career. The best course of action is to take proactive measures to avoid ethical violations and client grievances. As a licensed attorney, you are familiar with the Texas Disciplinary Rules of Professional Conduct, which among other things, sets certain ethical behavior standards for...

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August 14, 2019 Insurance License Defense

$6.3 Million in Penalties Assessed by the Texas Department of Insurance

The Texas Department of Insurance (TDI) governs agent and adjuster licensing, and company licensing and registration. Its Agent and Adjuster Licensing Office regulates the licensing, registration, and certification of individuals who will sell insurance or adjust property and casualty claims in Texas. Texas insurance premiums in 2017 topped over $160 billion, making Texas the second-largest insurance market in the nation and the eighth largest in the world. The TDI regulates nearly 500,000 insurance agents, 146,000...

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August 13, 2019 Posts

Sedation and Anesthesia Required Preoperative Checklist for Texas Dentists

The Texas State Board of Dental Examiners (TSBDE or Dental Board) establishes standards for and regulates the practice of dentistry in Texas and enforces the Dental Practice Act and other statutes relating to the practice of dentistry. To administer nitrous oxide/oxygen inhalation sedation or Levels 1, 2, 3, or 4 sedation Texas dentists must hold a permit from the Dental Board. 22 Tex. Admin. Code §110.2. No permit from the TSBDE is required for a...

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August 12, 2019 Professional License Defense

Texas Air Conditioning and Refrigeration Contractor License

Air Conditioning and Refrigeration Contractors in Texas are required to be licensed. The Texas Department of Licensing and Regulation (TDLR) is the regulatory body responsible for licensure and enforcement of Texas air conditioning (A/C) and refrigeration contractors. This program regulates contractors who install, repair or maintain systems related to A/C, refrigeration, or heating. Disciplinary Action & Procedures Air conditioning and refrigeration contractors (A/C contractors) may be subject to disciplinary action by the TDLR. Clients, colleagues,...

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August 11, 2019 Posts

How Many TMB Complaints Go to the State Office of Administrative Hearings (SOAH)?

The Texas Medical Board (TMB) is the regulatory body for physicians, medical radiologic technologist, acupuncturists, and other health care practitioners in Texas. By statute, the Board has the authority and duty to resolve complaints filed against its licensees. It receives and reviews over 8,000 complaints a year from patients, patient family members, health care professionals, and other sources. The Board has statutory enforcement procedures it must follow in the resolution of every case. A complaint...

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August 10, 2019 Posts

Do I Have to Report an Impaired Physician to the Texas Medical Board?

The Texas Medical Practice Act (MPA) includes mandatory reporting requirements for individual practitioners, as well medical peer review committees and health care entities. When does a duty to report an impaired physician to the Texas Medical Board arise? Certain health care practitioners, "shall report relevant information to the board relating to the acts of a physician in this state if, in the opinion of the person or committee, that physician poses a continuing threat to...

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August 09, 2019 Posts

Criminal History & Nurse License Eligibility in Texas

Conviction of certain types of crimes affects nurse license eligibility in Texas. The ability to maintain or renew a Texas nurse license is also affected by conviction of certain crimes. Nurse Licensure of Individuals with Criminal History in Texas The Texas Administrative Code establishes the criteria utilized by the Texas Board of Nursing (BON) in determining the effect of criminal history on nursing licensure and eligibility for nursing licensure. 22 Tex. Admin. Code §213.28. This...

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