Blog : Texas Professional License Defense Law Firm : Bertolino LLP

August 07, 2018Professional License Defense Posts

Texas Realtors: How the Code of Ethics Complaint Process Works

The Texas Real Estate Commission (TREC) is the regulatory body for all real estate professionals in Texas, including real estate sales agents, brokers, and real estate inspectors. TREC was established by the Texas Legislature. This is the licensing entity in Texas that handles complaints lodged against any professional real estate license holder. The Texas Association of Realtors (TAR) is a professional membership association. Its mission is to promote and protect private-property ownership and rights, keep...

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August 06, 2018Posts

What is the Texas Physician Health Program?

The Texas Physician Health Program (TXPHP) is an independent and confidential program that serves TMB applicants and licensees affected by substance use disorders, physical illness and impairment, or psychiatric conditions. The TXPHP provides education, recognition, and assistance in diagnosis and treatment for participants through a recovery program adapted and monitored according to their specific needs. The Program serves physicians, physician assistants, acupuncturists, and surgical assistant applicants and licensees of the TMB. The Program is overseen...

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August 05, 2018Posts

Opioid Prescriptions: Texas Medical Board Adopts New Rules Regarding Pain Management

The Texas Medical Board (TMB) enforces stringent regulations on pain management clinics and medical professionals who work in pain clinics. Recently the TMB adopted new rules regarding pain management and utilization of opioid antagonists. These rules became effective as of July 8, 2018. The Texas Administrative Code chapter on Pain Management is now split into two subchapters: Pain Management and Utilization of Opioid Antagonists. Subchapter (A) on Pain Management describes the Texas legislature's purpose and...

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August 04, 2018Posts

Texas Medical Board Disciplines 80 Physicians

At its June meeting the Texas Medical Board (TMB) disciplined 80 licensed physicians. This volume of disciplinary action represents a significant increase from its March meeting when the TMB disciplined 52 physicians. In its press release the TMB shared that the June disciplinary actions included: 5 license revocations, 1 license suspension, 15 voluntary surrenders/revocations 10 Orders related to quality of care violations, 8 Orders related to unprofessional conduct, 5 Orders relating to improper prescribing, 3...

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August 03, 2018Posts

FAQs Relating to Nursing Practice in Disaster Areas

After Hurricane Harvey made landfall last August, nurses were called upon to help with injuries and disaster preparedness. Indeed, nurses from Texas and all over the country showed up to provide emergency medical services to people in need. The Texas Board of Nursing (BON) called upon out-of-state nurses to come help in the disaster areas. Ultimately, the Board issued over 600 temporary licenses to out-of-state nurses. And many more nurses holding a multi-state license under...

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August 02, 2018Posts

New Minor Incidents Rule of the Texas Board of Nursing

Not all errors made by Texas nurses are to be reported to the Texas Board of Nursing (BON). There are specific and limited circumstances in which an error or omission by a nurse does not need to be reported to the Board. The Board staffs 124 full-time employees and licenses nearly half a million practitioners. The reporting of every minor incident to the Board would likely overwhelm its ability to properly carry out its function....

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August 01, 2018Posts

Testimonials from BERTOLINO LLP Clients

Our law firm helps professionals, like you, keep their licenses when those licenses are under attack by a state agency or board. Here at BERTOLINO LLP we provide powerful representation for clients whose licenses are under attack by a licensing board, including the Texas Medical Board, Texas Board of Nursing, State Bar of Texas, and the Texas Department of Licensing and Regulation. We are the law firm professionals turn to when they are facing allegations...

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July 31, 2018Posts

What Happens at a SOAH Hearing? – Texas State Office of Administrative Hearings

The Texas State Office of Administrative Hearing (SOAH) hears cases against license holders of Texas licensing boards regarding complaints filed against the license holder, violations of board rules, and other alleged misconduct. Essentially, SOAH resolves disputes between Texas licensing boards and regulatory agencies and those that are licensed or otherwise regulated by those boards and agencies. If your licensing board refers the case against you to SOAH or you appeal a board ruling to SOAH,...

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July 30, 2018Posts

Preparing for Your Hearing at SOAH – Texas State Office of Administrative Hearings

The Texas State Office of Administrative Hearing (SOAH) hears cases against license holders of Texas licensing boards regarding complaints filed against the license holder, violations of board rules, or other alleged malfeasance. Typically, board complaints are resolved prior to the case reaching the Texas State Office of Administrative Hearings. Whether by informal settlement, formal resolution, mediation, dismissal, or some other case resolution, the majority of licensing board issues do not reach a formal hearing before...

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July 29, 2018Posts

How the Texas Medical Board Reports “Minimal Statutory Violations”

The Texas Medical Board (TMB) must report certain information regarding disciplinary actions it takes against its licensees. Generally speaking, TMB disciplinary actions are made public and disciplinary information is published on the licensee's TMB public profile, published in the TMB Bulletin, and is listed in TMB news releases. Further, the TMB is mandated to report to the National Practitioner Data Bank all required disciplinary actions, which include, but are not limited to, license suspension, revocation,...

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