Licensing boards in Texas have vast power in the regulation and enforcement against those they license. Each licensing board is created by statute and given certain enumerated powers. Often the powers granted to these agencies is broad, which leaves room for inconsistencies across complaint resolutions and unpredictability in imposed sanctions.
The specific powers of Texas licensing boards can be found in the Texas Administrative Code and the statutes that create the board. Every licensing board is granted the power to discipline its licensees, though due process must be afforded. Generally speaking, the disciplinary action that Texas licensing boards may take includes:
- Revocations of certification/license
- Suspension/probated suspension
- License revocation
- License suspension or probation
- Ongoing monitoring or additional reporting requirements
- A written warning or reprimand
- Mandated continuing education
- A monetary fine
- Mandated participation in a program for drug or alcohol addiction
- Testing for illicit drug use
When a licensing board receives a complaint against a licensee, it will at a minimum, review the complaint to see if it has jurisdiction, and review to determine if a possible violation of law, standard of care, or ethics has occurred.
How complaints are investigated and adjudicated are also board-specific. Licensees have the right to appeal decisions and impositions of disciplinary action by the board. However, appealing an unfavorable ruling is far more difficult than defending yourself against allegations from the start.
Licensing boards are created to protect the public. Their primary purpose is to ensure that the people who it licenses do not engage in conduct that poses a threat to public safety.
- The mission of the Texas Medical Board (TMB) is: “to protect and enhance the public’s health, safety and welfare by establishing and maintaining standards of excellence used in regulating the practice of medicine and ensuring quality health care for the citizens of Texas through licensure, discipline and education.”
- The mission of the Texas Board of Nursing (BON) is: “to protect and promote the welfare of the people of Texas by ensuring that each person holding a license as a nurse in the State of Texas is competent to practice safely.”
- The mission of the Texas Department of Licensing and Regulation (TDRL) is: “To honor the trust of all Texans, safeguard the public, and provide a fair and efficient licensing and regulatory environment at the lowest possible cost.”
The vast power granted to licensing boards coupled with their duty to protect the public means that even a single complaint against a licensee can ruin a career. Further, given the broad scope of discipline that a licensing board may impose, it is important that you defend yourself against any complaint, even if you believe it to be meritless.
Regardless of which Texas licensing board you are dealing with, a knowledgeable license defense attorney can protect your rights and help ensure the best possible outcome in your case.
BERTOLINO LLP provides aggressive advocacy for our clients who are facing disciplinary action from a licensing board, agency, or commission in Texas. We handle matters related to licenses, grievance complaints, ethics complaints, and other important professional licensing issues. Our firm has an impeccable reputation throughout the Lone Star State. Founder and Managing Partner, Tony R. Bertolino holds a 10 Superb top attorney Avvo Rating.
We represent licensed professionals across the entire State of Texas. Our honest, experienced attorneys will fight aggressively on behalf of your license and reputation. Contact us today or call (512) 476-5757 and schedule a case evaluation.
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