Blog : Texas Professional License Defense Law Firm : Bertolino LLP

November 03, 2017Posts

Texas Doctors: Avoid Facing a Complaint from the Texas Medical Board

The Texas Medical Board (TMB) receives over 7,000 complaints every year. Complaints are filed by patients, patients' family members, health care professionals, and other sources. All complaints are treated seriously, and all complaints filed with the TMB are investigated. Precautionary Measures to Help Avoid Facing a Compliant from the Texas Medical Board You have worked for years to earn your medical license in Texas. Any allegation of misconduct filed against you could put your license,...

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November 02, 2017Posts

The Stages of the Texas Medical Board’s Enforcement Process

After the Texas Medical Board (TMB) receives a complaint, the formal enforcement process begins. The TMB will first determine that it has jurisdiction, in that the complaint is against someone the TMB licenses. If jurisdiction is determined, the Board begins the process of determining whether there is evidence to support an allegation that there has been a violation of the Medical Practices Act. The Texas Medical Board (TMB) reviews every complaint it receives, and it...

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November 01, 2017Posts

What to Expect When You Hire a Professional Licensing Defense Attorney

If a complaint has been filed against you with a Texas licensing board or regulatory agency, you need to consult with a Texas license defense attorney. When your professional license is in jeopardy due to allegations of misconduct, your career, livelihood, and reputation are at stake. What to Expect When You Hire a Professional Licensing Defense Attorney When you hire a professional license defense attorney, you can expect to have an advocate on your side....

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October 31, 2017Professional License Defense Posts

What is an Administrative Hearing?

An Administrative Hearing is a "trial-like proceeding before an administrative agency or administrative law judge. As in a trial, evidence is proffered and testimony is given." If you are defending your professional license against an attack by a Texas state licensing board, your case may require an administrative hearing. What is an Administrative Hearing? Complaints filed against licensees of Texas licensing boards are resolved by Administrative Hearings before the Texas State Office of Administrative Hearing...

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October 30, 2017Professional License Defense Posts

3 Things To Avoid Doing After Being Notified of a Board Complaint

After a licensing board, state agency, or commission notifies you of a complaint filed against you, there are three primary things you should avoid doing. Complaints and subsequent investigations can harm your reputation, and possibly lead to suspension or revocation of your license. Your livelihood and career on are on the line. Do Not Avoid Dealing with the Complaint - Do Not Miss Deadlines, Do Not Put Off Hiring an Attorney It is important to...

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October 27, 2017Posts

What To Do If A Licensing Board Requests Confidential Information

If you are being investigated by a Texas licensing board or agency, you will be asked to provide information regarding the investigation and the complaint made against you. For some licensees this may mean the licensing board requests confidential information. Most licensed professionals have certain duties of confidentiality to the people they serve. Particularly health care professionals and attorneys have heightened legal duties of confidentiality to their patients and clients. What to Do If A...

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October 26, 2017Professional License Defense Posts

Should I Contact the Licensing Board About the Complaint Filed Against Me?

If a complaint has been filed against you with a professional licensing board, your livelihood, career, and reputation are on the line. This is likely an emotional and stressful time for you. Understandably, you may want to contact the licensing board to explain your side of the events in question, or you may want information about the complaint process. However, as a general rule you should not discuss the matter with anyone other than your...

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October 25, 2017Posts

Practicing Telemedicine in Texas

The use of telemedicine in health care has expanded rapidly over the past few years. The benefits and numerous, and include increased access to health care and a reduction in healthcare costs. However, the risks and drawbacks of telemedicine are numerous, too. The Texas legislature and the Texas Medical Board have created rules and regulations aimed at protecting patients and the effectiveness of medical care. In May 2017, the Texas legislature passed SB1107 on Telemedicine...

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October 24, 2017Posts

The Advertising Rules for Texas Realtors

Advertising is an important component to success for any Texas realtor. An "advertisement" is any written or oral statement or communication which induces or attempts to induce a member of the public to use the services of the real estate licensee. There are a number of rules and regulations in place regarding advertising by realtors, and it is important not to run afoul of these rules. Violations of advertising rules also are among the most...

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October 23, 2017Posts

The “Corporate Practice of Medicine” is Prohibited in Texas

The "Corporate Practice of Medicine" (CPM) is a legal doctrine that generally prohibits corporations, entities, or individual non-physicians from practicing medicine. It also prohibits a business corporation from employing a physician to provide professional medical services. The Corporate Practice of Medicine in prohibited in Texas. However, beginning in 2011, the Texas Legislature enacted laws authorizing certain types of hospitals and specific hospital districts to directly hire physicians. The CPM prohibition is rooted in public policy...

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