Sanctions for violating rules and laws that apply to your profession can significantly adversely affect your license, career, and financial stability. One misstep or error in judgment can lead to disciplinary proceedings before your licensing board or agency. When you are facing a disciplinary complaint, consulting a professional license defense lawyer to defend your license can be crucial to successfully fighting against misconduct allegations and reaching a positive outcome in your case.
Defining a Probated License Suspension
License suspension is a common sanction under the disciplinary rules of many different professions, particularly for more serious violations of applicable rules or laws. During a period of license suspension, individuals cannot perform any duties related to their profession that require licensure. A license suspension can be for a certain or indefinite period, depending on the circumstances.
However, the rules of some professions allow individuals to probate or stay a suspension under some circumstances. A probated license suspension, which may be known as probation in some circumstances, allows individuals to continue practicing if they follow certain rules or conditions. Whether a probated suspension is an option depends on the rules governing your profession. Likewise, the conditions that you must follow to remain in good standing and keep your suspension probated depend on the nature of your violation(s) and individual circumstances. The conditions largely relate to the type of violation(s) you have committed and what your licensing board or agency believes is necessary to practice in your field competently and safely.
The Texas Medical Board
The Texas Medical Board (TMB) licenses and regulates physicians, physician assistants, nurse practitioners, and other medical professionals and handles disciplinary complaints against them. Tex. Occ. Code Sec. 164.001(a)(2) allows the TMB to suspend a professional license and place a person whose license is suspended on probation in appropriate cases. However, the law prevents the TMB from probating the suspension of some individuals whose licenses have been suspended due to felony convictions for certain crimes. As a result, the TMB may place a medical professional on probation for a disciplinary violation only in some circumstances.
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If the TMB puts an individual whose license is suspended on probation, Tex. Occ. Code Sec. 164.101 requires the TMB to set the probation for a certain term. This code section also allows the TMB to require that person to do the following things while on probation:
- report regularly to the board on the matters that formed the basis of the disciplinary violation order;
- limit practice to certain areas; or
- continue or review continuing professional education until the license holder attains a degree of skill satisfactory to the board in the areas that are the basis of the probation.
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If the licensee violates or otherwise fails to follow the terms of their probation, the TMB can hold a hearing upon a showing of adequate cause. Following the hearing, if the TMB finds that the licensee has violated the terms and conditions of probation, the TMB may revoke the individual’s probation and implement the license suspension in full.
The Texas Board of Nursing
Similarly, under Tex. Occ. Code, Sec. 301.468(a), the Texas Board of Nursing (BON) can probate the suspension of a nursing license during disciplinary proceedings. The probation must be for a specific period. A probated suspension may include the following conditions:
- A limitation on the practice of the person to, or excluding, one or more specified activities of professional nursing or vocational nursing;
- A requirement that the person undergo supervision, care, counseling, or treatment by a practitioner designated by BON; or
- A requirement that the person submit to random drug or alcohol tests in the manner prescribed by BON.
If an individual violates a term or condition of a probated suspension order, BON can rescind the probated portion of the suspension. The licensee is entitled to a hearing to determine if they have violated the terms and conditions of the probation order before BON rescinds the probation and fully implements the license suspension.
Texas Education Agency and the State Board for Educator Certification
The State Board for Educator Certification (SBEC) of the Texas Education Agency (TEA) investigates all complaints. It also initiates all disciplinary actions against teachers and other education professionals, such as teacher’s aides and superintendents. Under 19 Tex. Admin. Code Sec. 249.15(a)(3), the SBEC can suspend the licenses of these professionals and probate that suspension in appropriate cases. As part of a probated license suspension, the SBEC may “impose any conditions or restrictions upon a certificate that the SBEC deems necessary to facilitate the rehabilitation and professional development of the educator or to protect students, parents of students, school personnel, or school officials. “
Texas Real Estate Commission
The Texas Real Estate Commission (TREC) may also probate the suspension of a real estate agent, broker, or other professional whom it regulates in certain circumstances. Under Tex. Occ. Code §1101.656(c), TREC may require a person whose license suspension has been probated to do any or all of the following:
- report regularly to the commission on matters that are the basis of the probation;
- limit practice to an area prescribed by the commission; or
- continue to renew professional education until the license holder attains a degree of skill satisfactory to the commission in the area that is the basis of the probation.
Contact Your Texas Professional License Defense Lawyers Today
Our experienced professional license defense attorneys at Bertolino LLP know how important it is to continue working in your chosen field. Therefore, we will advocate on your behalf to put you in the best possible position to protect your license and career, whether it be by agreeing to a probated license suspension, requesting a contested hearing, or other means. Together, we will work to help you maintain your license and professional future. Call us at (512) 980-3751 or contact us online.
We Will Represent You in Your Professional License Disciplinary Proceedings
We know how critical it is for you to continue working in the career that you have worked so hard to establish. Our goal is to help you defend yourself against complaints, disciplinary proceedings, and potentially damaging sanctions that you can face in professional license disciplinary proceedings. The experienced professional license defense lawyers at Bertolino, LLP, will strive to protect your license throughout your disciplinary proceedings. Call us at (512) 980-3751 or contact us online.
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