Blog : Texas Professional License Defense Law Firm : Bertolino LLP

August 08, 2019 Posts

Texas Legislature Ends Need for Plumbing License, Governor Abbott Extends

The Texas legislature eliminated the need for the Texas State Board of Plumbing Examiners (TSBPE) or the requirement that plumbers be licensed in our state. Governor Greg Abbott issued an executive order to extend the activity of the TSBPE past its expiration date of September 1, 2019. In his proclamation, Gov. Abbott delayed the abolition of the board and Texas Plumbing License Law until May 31, 2021. The Sunset Advisory Committee tasked to review the...

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August 07, 2019 Posts

The Controversial Pathway to Independent Practice for Texas Licensed Psychological Associates (LPAs)

The Texas State Board of Examiners of Psychologists offers four types of licenses to practice psychology in the state of Texas: Licensed Psychological Associate: A license for qualified individuals with graduate degrees to practice psychology. Licensed Specialist in School Psychology: This license is required by law for the practice of school psychology in Texas public schools. Provisionally Licensed Psychologist: A doctoral-level license to practice psychology under the supervision of a licensed psychologist. Prerequisite for licensure...

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August 06, 2019 Posts

10 Things To Know When Your Licensing Board is Investigating You

If your profession requires a license to do your job, then it is possible for a complaint to be lodged against you. All licensing boards and regulatory agencies in Texas administer complaints filed against their licensees. For example, the Texas Medical Board, Board of Nursing, Texas State Bar, and the Texas Department of Licensing and Regulation are required by statute to investigate filed complaints. If your licensing board has notified you of a complaint filed...

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August 05, 2019 Posts

Prescription Monitoring Program Mandate Coming September 1, 2019

In an effort to combat the misuse and abuse of certain prescription medications, Texas implemented the Prescription Monitoring Program (PMP) to assist prescribers of controlled substances with monitoring patient prescription history. The PMP seeks to avoid duplicative prescriptions, prevent drug diversion, and control misuse of controlled substances. Prescription Monitoring Program Mandate Coming September 1, 2019 Beginning September 1, 2019, prescribers of opioids, barbiturates, benzodiazepines, or carisoprodol will be required to check the patient’s PMP history...

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August 04, 2019 Funeral Service License Defense

Funeral Homes in Violation of Health & Safety Code – Texas Funeral Service Commission Finds 63 Funeral Establishments to Have Deficiencies

The Texas Funeral Service Commission licenses and regulates funeral homes, funeral directors, embalmers, crematories, and certain cemeteries. It is also the regulatory agency that oversees compliance and investigates complaints made against those it licenses. The funeral home industry in Texas must adhere to a strict set of rules and regulations. There are a number of duties of a funeral establishment codified in the Texas Administrative Code, Chapter 23. Further, the Commission has a duty to...

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August 03, 2019 Posts

Penalties for Sanitation Violations – Texas Cosmetologists

In Texas, Cosmetologists and businesses that offer cosmetology services are regulated by the Texas Department of Licensing and Regulations (TDLR). Cosmetology includes professional skills in hair care, skincare, cosmetics, manicures and pedicures, and certain hair removal services. Individual cosmetologists and cosmetology establishments are required to be licensed by the TDLR. Violation of the Rules pertaining to the TDLR's cosmetology program can lead to the imposition of administrative sanctions and/or administrative penalties. 16 Tex. Admin. Code...

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August 02, 2019 Posts

TX Professional License Defense Lawyer

You earned a professional license in Texas. You may have undergone years of training. When your professional license is under attack by a state agency or licensing board, you are understandably under a lot of stress. Complaints and subsequent investigations can harm your reputation, and possibly lead to suspension or revocation of your license. When someone files a formal complaint that could threaten your license and your career, you need to take strong, immediate legal...

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August 01, 2019 Posts

Physical Therapists and the Grounds for Disciplinary Action, Texas Board of Physical Therapy Examiners

The Texas Board of Physical Therapy Examiners (Board) licenses the state's physical therapists. The Texas Executive Council of Physical Therapy and Occupational Therapy Examiners (Executive Council) provides administrative oversight to the Texas State Board of Physical Therapy Examiners and the Texas State Board of Occupational Therapy Examiners. Under the Texas Administrative Code, the Board "has the authority to deny an applicant a license or to suspend or revoke a license, to reprimand or otherwise discipline...

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July 31, 2019 Posts

Criminal Conviction Guidelines Issued by the Texas Department of License and Registration (TDLR)

The Texas Department of Licensing and Registration (TDLR) is tasked with regulating more than forty professions in Texas. The agency handles enforcement issues and establishes criteria for licensure, including criminal conviction guidelines for each program it administrates. The Texas Occupations Code mandates that licensing agencies shall issue guidelines, which "must state the reasons a particular crime is considered to relate to a particular license and any other criterion that affects the decisions of the licensing...

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July 30, 2019 Posts

Determining TDLR Administrative Penalties: What Factors Does the Department Consider?

The Texas Department of Licensing and Registration (TDLR) licenses and regulates over forty professions in Texas. As the licensing body, the agency handles complaints against licensees and is empowered to impose sanctions against those it licenses, including administrative penalties for alleged rule violations. Pursuant to the Texas Occupations Code, §51.302(c), the TDLR established an enforcement plan that provides ranges of penalties that apply to specific alleged violations, along with the criteria the agency will use...

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