The Texas Department of Licensing & Regulation (TDLR) licenses and enforces the laws and regulations for various occupations, including podiatrists. They also handle any disciplinary complaints received against podiatrists. The outcome of disciplinary proceedings against podiatrists can be severe, so getting legal advice about your situation is crucial.
An experienced podiatrist license defense lawyer at Bertolino LLP can represent your interests in any proceedings that you may face before your professional licensing agency. We can review the legal issues involved in your case and work to develop strategies to resolve those issues most effectively and minimize the sanctions against your license.
Determining Sanctions in Disciplinary Proceedings
The Texas Department of Licensing & Regulation (TDLR) uses a specific disciplinary matrix for podiatrists to determine potential sanctions based on the violation involved. However, TDLR also considers the following factors to arrive at the appropriate level of sanction or amount of administrative penalty:
- The severity or seriousness of the violation;
- Whether the violation was willful or intentional;
- Whether the licensee acted in good faith to avoid or mitigate the violation or to correct the violation after it became apparent;
- Whether the licensee has engaged in similar violations in the past;
- The level of penalty or sanction necessary to deter future violations; and
- Any other matter that justice may require.
Potential Penalties and Sanctions Under the TDLR Enforcement Plan
TDLR maintains an enforcement plan for each of the occupations it regulates. As indicated above, the enforcement plan also contains a matrix of potential penalties and sanctions for violations of the rules and laws governing that occupation. TDLR classifies certain disciplinary violations by podiatrists into four classes based on their severity. Class A contains the least serious violations, and Class D contains the most serious violations for podiatrists.
Generally, TDLR prosecuting attorneys will recommend sanctions that fall within the appropriate range on the disciplinary matrix. If they wish to pursue a sanction or penalty outside the recommended ranges, they must get permission from the TDLR Director of Enforcement. Furthermore, the situation must involve exceptional circumstances that would warrant a departure from the recommended range of sanctions.
Nonetheless, the enforcement plan is not binding on the Commission and Executive Director. Ultimately, they have the final say in the sanctions imposed for a particular violation within the bounds of state law.
Class A violations include minor administrative violations, posting and public information violations, and advertising without a license or accreditation violations. For example, failing to notify TDLR of a name or address change is a Class A violation. Class A violations can result in a $500 – $2,000 fine.
Class B violations carry the potential for a fine of between $1,000 and $3,000 and/or up to a one-year probated suspension. Violations falling into Class B include more serious administrative violations, including those related to temporary residency licensees, health and safety violations, advertising violations, and engaging in unlicensed activity. Examples of Class B violations include failing to maintain records of public communications for at least two years, maintaining nitrous oxide gas machines as required, and practicing podiatry with an expired license.
Class C violations include the following:
- Increasingly severe administrative violations;
- Records violations;
- Standard of care violations related to supervision and treatment;
- Misrepresentation;
- Unlicensed activity;
- Unprofessional or unethical conduct by podiatric medical radiological technicians; and
- Unprofessional or unethical conduct generally.
Class C violations include engaging in habits of intemperance or drug addiction that endanger the health, well-being, or welfare of the patients, violating rules as a provisional licensee, and engaging in false, deceptive, or misleading advertising. The potential penalties for Class C violations include a $2,000 – $5,000 fine and/or sanctions ranging from a one-year probated suspension to a license revocation.
Finally, Class D violations are the most serious violations with the greatest potential penalties. TDLR can impose a fine of $5,000 and/or license revocation for Class D violations, which include the following specific violations:
- Practicing podiatry without a license;
- Obtaining or attempting to obtain a license by fraud, misrepresentation, or concealment of material fact;
- Engaging in fraud or deception in the passing or taking an examination;
- Failing to comply with a previous order of the Commission or Executive Director; and
- Failing to pay TDLR for a dishonored payment or processing fee.
Additionally, if TDLR probates a license suspension, it can set various conditions for the licensee under 16 Tex. Admin. Code §130.73(d). TDLR may require the licensee to regularly report to the agency on the matters that resulted in the sanction, limit practice areas as ordered, or complete continuing professional education until the licensee attains an appropriate skill level satisfactory to TDLR.
Bertolino, LLP: The Law Firm Ready to Defend Your Interests
Retaining an experienced podiatrist license defense lawyer to represent you before your licensing agency or board is always in your best interest. We are here to protect our interests throughout every stage of your licensure or disciplinary proceedings. Contact the lawyers of Bertolino, LLP today by calling (512) 980-3751 or visiting us online.
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