The Texas Department of Licensing & Regulation (TDLR) is a state agency that licenses and regulates many occupations requiring licenses or certifications. The occupations that TDLR monitors for compliance with applicable laws include several health occupations, such as dieticians, midwives, and podiatrists, among others. As part of its duties under state law, the TDLR receives and investigates complaints against licensees and initiates disciplinary action if needed.
After you have completed the education and training to obtain a license or certification in your field, you have a lot at stake. Therefore, if you receive a complaint against your license, we urge you to seek the counsel of an experienced occupational license defense lawyer for assistance.
The TDLR releases an annual report of licensing and complaint data for health occupations. Here are the highlights from the FY 2023 report.
Athletic Trainers
In FY 2023, the TDLR oversaw a total of 4,363 licensed athletic trainers. The TDLR received 414 complaints concerning athletic trainers and opened 20 cases based on those complaints. Sixteen of those cases are now closed and four remain open. The average time for resolution of a disciplinary case was 60 days, with 94% of cases being resolved within six months. Nineteen percent of cases resulted in disciplinary action.
The disciplinary cases against athletic trainers involved 21 alleged violations, including seven allegations of unlicensed activity, six violations of code of ethics, three expired licenses, two criminal history issues, two instances of failure to pay dishonored checks, and one instance involving unwanted sexual behavior. These cases led to one default order, two agreed orders, one revoked license, thirteen informal resolutions, and the collection of $450 in fines.
Behavior Analysts
The TDLR regulated 4,491 licensed behavior analysts in FY 2023, receiving 197 complaints, opening 70 cases, and closing 48 cases. The average amount of time to complete a disciplinary case involving a behavior analyst was 102 days, with 85% of cases being closed within six months. None of the cases during FY 2023 resulted in disciplinary action.
The complaints against behavior analysts consisted of 76 alleged violations, including 63 code of ethics violations, nine instances of unlicensed activity, three issues involving criminal history, and one instance of failure to pay a dishonored check. TDLR issued three warning letters and resolved 45 alleged violations informally.
Dieticians
In FY 2023, the TDLR oversaw 7,626 licensed dieticians. The TDLR received 416 complaints about dieticians, opened seven cases, and closed nine cases. The average time that it took the TDLR to resolve a case was 115 days, with 67% of cases being closed within six months. No cases during FY 2023 resulted in disciplinary action.
The eight alleged violations consisted of three criminal history issues, three unlicensed activity complaints, and two code of ethics issues. The TDLR issued one warning letter and resolved eight alleged violations informally.
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Dyslexia Therapists
The TDLR regulated 1,116 dyslexia therapists in FY 2023. They received 74 complaints about dyslexia therapists, opened one case, and closed one case. The average case resolution time was 14 days, and 100% of cases were resolved within six months. No cases during FY 2023 resulted in disciplinary action.
The only alleged violation during FY 2023 involved a criminal history issue. The TDLR resolved the issue informally.
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Hearing Instrument Fitters and Dispensers
In FY 2023, the TDLR oversaw 879 hearing instrument fitters and dispensers. The TDLR received 121 complaints, opened 18 cases, and closed 15 cases. The average time for TDLR to resolve a case was 104 days and the agency resolved 80% of cases within six months. No cases resulted in disciplinary action.
The 23 alleged violations during FY 2023 included eight instances involving late, incorrect, or no refunds, four false, misleading, or deceptive advertisements, and three instances of unprofessional conduct. Other alleged violations included records violations, expired licenses, contracts missing required information, unethical conduct, criminal history issues, and failing to pay dishonored checks. The TDLR resolved 15 alleged violations informally.
Massage Therapists
The TDLR regulated 38,903 licensed massage therapists in FY 2023. The agency received 4,750 complaints about massage therapists, which resulted in opening 1,102 cases and closing 1,019 cases. The average case resolution time was 290 days, with 42% of cases being resolved within six months. Twenty-five percent of the cases opened resulted in disciplinary action.
The TDLR investigated 1,613 total alleged violations in FY 2023. These violations consisted of the following:
- 285 – Unlicensed therapist
- 252 – Consultation document
- 158 – Unlicensed establishment
- 135 – Allowed unlicensed or expired therapist to work
- 123 – Sexual misconduct
- 108 – Criminal history
- 77 – Failure to separate residential or sleep from establishment
- 75 – Sexual assault
- 54 – Expired establishment license
- 48 – Failure to maintain employee records
- 38 – Allowed person to reside on premises
- 32 – Ethics violation
- 29 – Failed to display license
- 29 – Failed to drape
- 26 – Failed to cooperate with the TDLR
- 18 – Allowed nude or inappropriate clothes
- 17 – Practiced in unlicensed facility
- 16 – Failed to pay dishonored check
- 13 – Improper technique
- 12 – Violated local order or ordinance
- 11 – Expired therapist license
- 11 – Sanitation
- 10 – School failed to maintain records
The remaining violations involved no complaint sign posted, advertising violations, exceeding the scope of license, school curriculum violations, student grievances against a school, schools failing to obtain student permits, unlicensed schools, failing to honor gift certificates, failing to have suitable plumbing, fraud, deceit, negligence, or incompetence, school attendance, no instructor present at a school, and a student receiving compensation.
These disciplinary cases resulted in one Commission order, 64 default orders, and 178 agreed orders. The TDLR revoked 39 licenses, denied, suspended, or revoked 16 licenses based on criminal history, issued 362 warning letters, resolved 400 alleged violations informally and issued six cease and desist orders. Finally, the TDLR assessed $967,200 in penalties and collected $455,678 in penalties.
Midwives
In FY 2023, the TDLR regulated 356 licensed midwives. The agency received 49 complaints, opened 19 cases, and closed 22 cases. The average time to resolve a case was 177 days and 59% of cases were resolved within six months. Nine percent of cases resulted in disciplinary action.
The TDLR investigated 25 alleged violations. Six violations involved failure to follow instruction or emergency protocols, six involved no, incomplete, or wrong protocols, and six involved expired licenses. Three alleged violations concerned unlicensed midwives. The remaining alleged violations involved a transfer violation, unsafe or unclean environment, failure to provide information to a client, and lack of personal or professional character.
These cases resulted in two agreed orders, one cease and desist order, and 20 informal resolutions. The TDLR also collected $1,875 in penalties.
Orthotists and Prosthetists
The TDLR oversaw 915 licensed orthotists and prosthetists in FY 2023 and processed 115 complaints. The agency opened six cases and closed five cases. The average time for case resolution was 111 days, with 80% of cases being resolved within six months. No cases resulted in disciplinary action during FY 2023.
The ten alleged violations involved gross negligence or malpractice, fraud or deceit in services provided, operating without a license, unprofessional or unethical conduct, student performing services without appropriate supervision, criminal history, expired license, and failure to pay a dishonored check. The TDLR was able to resolve five cases informally.
Podiatrists
In FY 2023, the TDLR regulated 1,414 doctors of podiatric medicine and radiological technicians. The agency received 68 complaints, opened 35 cases, and closed 41 cases. The average time for case resolution is 228 days and 51% of cases are closed within six months. Two percent of cases resulted in disciplinary action.
The TDLR investigated 37 total alleged violations. Most alleged violations (19) involved gross negligence or malpractice, and another 8 alleged violations involved unprofessional or unethical conduct. The remaining alleged violations consisted of violations related to criminal history, fraud or deceit in services provided, expired licenses, and false, misleading, or deceptive advertising.
Overall, TDLR issued one agreed order and informally resolved 40 cases. The agency also assessed and collected $7,500 in penalties.
Speech-Language Pathologists and Audiologists
The TDLR oversaw 25,781 speech-language pathologists and audiologists last year. The agency received 720 complaints, opened 79 cases, and closed 58 cases. The average time for case resolution was 92 days, and the agency was able to resolve 92% of cases within six months. Seventeen percent of cases resulted in disciplinary action.
The TDLR handled 83 alleged violations, including 51 alleged code of ethics violations. The alleged violations also included nine instances of falsified records, six instances of practicing without a license, and six violations involving criminal history. The remaining alleged violations involved failing to pay dishonored checks, violations involving supervision, billings for services not provided, medical evaluation or waiver violations, and failure to maintain records.
These cases resulted in four default orders, seven agreed orders, four revoked licenses, two warning letters, and 45 informal resolutions. The TDLR also assessed $53,025 in penalties and collected $14,725 in penalties.
We Are Here to Defend You Before the TDLR
When the TDLR notifies you that you are the subject of a complaint, you may not know what to do first. If you find yourself in this situation, your first call should be to an occupational license defense attorney. We stand ready to represent your interests and defend you against the allegations you are facing. Call us today at (512) 856-6596 to reach the offices of Bertolino LLP or contact us online.
Call or text (512) 476-5757 or complete a Case Evaluation form
