Blog : Texas Professional License Defense Law Firm : Bertolino LLP

February 20, 2018Posts

When Is a Texas Licensed Professional Engineer Required on a Project?

Not every engineering project in Texas requires that a Professional Engineer (P.E.) be involved with the project. The Texas Engineering Practice Act and the Rules of the Texas Board of Professional Engineers govern when a licensed P.E. must be engaged in the engineering plans and specifications and when a P.E. must supervise the engineering construction. Local codes and ordinances may also include rules on when a P.E. is necessary, so long as they are not...

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Pharmacies to report all dispensed controlled substances texas prescription monitoring program

February 19, 2018Posts

Pharmacies have a Duty to Report All Dispensed Controlled Substances to the Texas Prescription Monitoring Program (PMP)

The Texas Prescription Monitoring Program (PMP) collects prescription data on all Schedule II, III, IV, and V controlled substances dispensed by a pharmacy in Texas and to a Texas resident from a pharmacy located in another state. Pharmacies to Report to the PMP Within One Business Day As of September 1, 2017, Texas pharmacies are required to report all dispensed controlled substances records to the TMP no later than the next business day after the...

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February 16, 2018Posts

Regardless of your Licensed Profession: How to Respond Strategically to a Licensing Board Investigation

The day you receive notice of a licensing board investigation pending against you may be one of the worst days of your career. Your professional license is your livelihood. Your professional license is the result of your dedication to your education and career. When your license is under attack by a licensing board it is critical that you respond strategically. Even if you believe the complaint to be baseless - or even if you believe...

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February 15, 2018Posts

Navigating Administrative Hearings at the State Office of Administrative Hearings (SOAH)

If your Texas licensing board matter proceeds beyond the investigation stage or informal resolution stage, then your case will likely be heard at the Texas State Office of Administrative Hearings (SOAH). A SOAH hearing is conducted similarly to how a courtroom nonjury trial operates. While SOAH is an administrative court, the procedures are still quite formal and involves specific adherence to the SOAH rules of procedure, Texas Rules of Civil Procedure and any special procedural...

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6 programs recently transferred to the texas department of licensing and regulation from dshs

February 14, 2018Posts

6 Programs Recently Transferred to the Texas Department of Licensing and Regulation from the Department of State Health Services (DSHS)

Pursuant to Texas Senate Bill 202 thirteen licensing programs where transferred to the Texas Department of Licensing and Regulation (TDLR) from the Department of State Health Services (DSHS). As of November 1, 2017, the second and final phase of SB 202 was implemented, transferring the final six programs to TDLR. The six programs now under TDLR management and regulation are: Code Enforcement Officers, Laser Hair Removal, Massage Therapy, Mold Assessors and Remediators, Offender Education Programs,...

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February 13, 2018Posts

Disciplinary Authority of the Texas Medical Board

Under Texas law, the Texas Medical Board (TMB) is granted disciplinary authority over its licensees. When a complaint is filed against a Texas physician, or any medical practitioner licensed by the TMB, their license is put in jeopardy. The TMB receives over 7,000 complaints every year and it reviews every one of them to determine if adequate evidence exists demonstrating a violation of the Medical Practices Act. If you are notified of a complaint filed...

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February 12, 2018Posts

3 Texas Medical Board Rules You Should Know

The Texas Medical Board (TMB) has hundreds of rules and regulations by which physicians must adhere. Not being aware of a rule is not a defense to violating the rule. Not fully understanding a regulation is not a defense to running afoul on the regulation. As a licensed medical professional by the TMB you have a duty to abide by the rules of the TMB and Texas law. 3 Texas Medical Board Rules You Should...

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February 02, 2018Posts

Texas Pharmacist License Defense

The Texas State Board of Pharmacy (TSBP) received 6,146 complaints in fiscal year 2016, a 4% increase over the 5,925 complaints it received in fiscal year 2015. The TSBP reviews and evaluates every complaint it receives. Complaints are referred to a TSPB investigator when it is determined that the allegations, if true, would constitute a violation of the Texas Pharmacy Act or Texas Drug Laws. The TSBP is responsible for the licensing and regulation of...

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What can a license defense attorney do to contest allegations made against me

February 01, 2018Posts

What Can a License Defense Attorney Do To Protect My License?

If you are facing allegations of misconduct or other malfeasance with a Texas licensing board or regulatory agency, you may be wondering if hiring an attorney is necessary. Whether you believe the complaint filed against you to be baseless, or if you are concerned that in that one instance your actions may have been questionable, it is a good idea to hire an attorney. An experienced license defense attorney will help you defend your license,...

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January 31, 2018Posts

The Complaint Process Against Texas Plumbers

As a licensed plumber in Texas, you work hard every day to do your job right. You show up to calls on a moment's notice to help stop a major leak or unexplained flooding in the basement. Homeowners and businesses rely on you to install plumbing systems correctly. A faulty plumbing system creates a risk of injury, disease, or even death. The quality and dependability of your plumbing work is essential to a safe and...

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