Blog : Texas Professional License Defense Law Firm : Bertolino LLP

September 13, 2018 Posts

BON Board Order Discipline Regarding Employment, Drug Screening, and Other Reports – Texas Board of Nursing

The Texas Board of Nursing (BON) has the authority to take disciplinary action against nurses who are found to violate the Nursing Practice Act, Board rules, or other laws. BON will issue a Board Order, which will contain findings of fact, conclusions of law, and terms of the Order. Once the Order is ratified by BON, the nurse has a duty to comply with the terms of the Order, or risk further sanctions, such as...

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September 12, 2018 Posts

The Duties of Texas Nurses in any Practice Setting

The Texas Board of Nursing (BON) protects and promotes the welfare of the people of Texas through regulating nursing practice and placing an emphasis on a nurse’s responsibility and duty to provide safe, effective nursing care. Through the Nursing Practice Act, BON Rules, and publishing position statements, the Board delineates the duties and responsibilities that Texas LVNs and RNs owe to their patients. The Board addresses the duty of a nurse in any practice setting...

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September 11, 2018 Posts

Texas Medical Board Enacts Rule Amendments

The Texas Medical Board (TMB) recently adopted amendments to the rules for physician licensure in Texas. Updates to Procedural Rules on Physician Licensure A number of the amendments deal with the procedural rules after the TMB receives a complaint against a Texas doctor. The title of section §187.18 is changed to "ISC Scheduling, Process, and Procedures." This section was formerly entitled "Informal Show Compliance Proceeding and Settlement Conference Based on Personal Appearance." In §187.76(c)(3) the...

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September 10, 2018 Posts

TDLR Releases Its Strategic Plan for FY 2019 – 2023

The Texas Department of Licensing and Regulation (TDLR) provides oversight for a broad range of occupations, businesses, facilities, and equipment used by Texas businesses. The TDLR is responsible for managing 40 programs assigned to it by the Texas legislature. It issues licenses, certificates, permits, and registrations for the professions it regulates, and investigates and resolves complaints received against its licensees. The Agency released its Strategic Plan for Fiscal Years 2019–2023. In the section on Strategic...

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August 16, 2018 Posts

What is Administrative Law?

Administrative law "encompasses laws and legal principals governing the administration and regulation of government agencies." Essentially, administrative law is the body of law that regulates the operation and procedures of governmental agencies. An attorney who practices administrative law either carries out government work or works with government regulations. For example, a professional license defense attorney practices in administrative law. Importance is placed on the powers granted to administrative agencies, the rules those agencies enact, and...

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August 15, 2018 Posts

Hearsay Exceptions for Administrative Hearings Before SOAH

The Texas Rules of Evidence (TRE), which govern nonjury civil cases in district court, apply to contested cases at the State Office of Administrative Hearings (SOAH): "except that evidence inadmissible under those rules may be admitted if the evidence is: (1) necessary to ascertain facts not reasonably susceptible of proof under those rules; (2) not precluded by statute; and (3) of a type on which a reasonably prudent person commonly relies in the conduct of...

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August 14, 2018 Professional License Defense

Defending Against Accusations Filed Against Your Professional License

An accusation can be filed against your professional license for alleged violations of the law, alleged violations of the rules of your licensing board, breaches in your duties owed to the public, or other malfeasance. An accusation is lodged in the form of a formal complaint filed with your licensing board. Any individual who holds a professional, medical, or vocational license from a state licensing board, regulatory agency, or commission in Texas may be subject...

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August 13, 2018 Professional License Defense

New CIT Training Requirements for Texas Peace Officers

The Texas CIT Association is a nonprofit organization that provides standardized training, support, and education in responding to those affected by mental illness and/or those who are experiencing a mental health crisis. Under Texas Senate Bill 1849 there is new CIT – Crisis Intervention Training – regarding Texas peace officer training. The previous 16-hour CIT training requirement ceased to exists on April 1, 2018. It is replaced with the new 40-hour CIT training requirement. How...

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August 10, 2018 Posts

New Rules for Acupuncture Licensure in Texas

Texas acupuncturist are licensed by Texas State Board of Acupuncture Examiners, which is part of the Texas Medical Board (TMB). Recently the TMB adopted amendments to the rules for acupuncture licensure in Texas. Update to Rules on Acupuncture Licensure The amendments pertain to qualifications for licensure. The new language under subsection (a)(5) allows an applicant for licensure to appear before the licensure committee of the Board to request reconsideration of the applicant's ineligibility based on...

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August 10, 2018 Posts

Coping With the Threat of Losing Your Professional License

Are you facing a formal complaint filed with your licensing board? If so, you know allegations of misconduct against a licensed professional are serious. When your professional license is in jeopardy due to allegations of misconduct, your career is at stake. The threat of losing your license and livelihood can derail even the most stoic and organized among us. Coping With the Threat of Losing Your Professional License Feelings of anxiety, uncertainty, fear, or generally...

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