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What is an Informal Settlement Conference? TMB Enforcement Process

July 24 2017 What is an Informal Settlement Conference TMB Enforcement ProcessThe Texas Medical Board (TMB) receives over 7,000 complaints every year against medical professionals by patients, patients’ family members, health care professionals, and other sources. The TMB reviews every complaint it receives to determine if adequate evidence exists demonstrating a violation of the Medical Practices Act.

If after a preliminary evaluation, the TMB determines there is sufficient evidence that a violation of the Medical Practices Act might have occurred, it begins the investigation. When the allegations and evidence are sufficient for a TMB Expert Panel to find that the requisite standard of care was not met, then the complaint is forwarded to the Litigation Section for further action. Once the matter is forwarded to the Litigation Section, an Informal Settlement Conference proceeding will be scheduled.

Informal Settlement Conference

An Informal Settlement Conference (ISC) is designed to help resolve the complaint without the need for a formal hearing at the State Office of Administrative Hearings (SOAH). Ninety-percent (90%) of all disciplinary actions by the TMB are resolved through the informal resolution process.

The TMB states the purpose of the ISC hearing is “to provide an informal forum for the panel to review the information and for the licensee to show that he or she is in compliance with the Medical Practice Act.” At this proceeding, the licensee has the opportunity to argue that he or she did not violate the Medical Practices Act. During all stages of the TMB investigation and enforcement process you are entitled to representation by an attorney, including at the ISC.

A license defense attorney can advocate for you, help you through the board’s enforcement process, and defend your medical license. To put forth a defense most likely to lead to a positive outcome in your case, it is imperative that you hire a Texas license defense attorney.

If after the ISC the review panel determines that there was a violation of the Medical Practices Act, the board may offer an Agreed Order, which would set out the sanctions and disciplinary action against the licensee. Alternatively, for certain types of minor violations, the board may offer a Remedial Plan, which is considered a non-disciplinary corrective action. You have the right to reject or accept an Agreed Order or Remedial Plan.

If a resolution is not reached at the ISC, then the complaint moves forward for formal resolution at the State Office of Administrative Hearings (SOAH). To learn more read our article “What Is A SOAH Hearing? The Texas State Office of Administrative Hearings.”

Hire the Experienced License Defense Attorneys of BERTOLINO LLP

If you have been notified of a complaint filed against you with the Texas Medical Board, BERTOLINO LLP can help. We are experienced medical license defense attorneys and we know how to navigate the TMB’s complaint process. We are prepared to represent you at any legal hearing or proceeding regarding your professional license, including:

  • Temporary Suspension Hearings
  • Informal Settlement Conferences (ISC)
  • Show Compliance Proceedings
  • State Office of Administrative Hearings (SOAH) Proceedings

Our firm believes that immediately consulting an experienced medical license defense attorney to review allegations of misconduct helps ensure the most favorable outcome in your case. Our results speak for themselves.

BERTOLINO LLP represents licensed professionals across the entire State of Texas. If you are facing disciplinary action from a professional licensing board, contact us today or call (800) 210-0126 and schedule a case evaluation.

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Attorney Tony R. Bertolino is the Managing Partner with Bertolino LLP. Our Law Firm has been able to help people across the state of Texas through our offices in Austin, Houston and San Antonio. If you need an experienced lawyer to represent you, contact Bertolino LLP today.

Super Lawyers Rising Star American Bar Association Defending Liberty Pursuing Justice State Bar of Texas Pro Bono College Super Lawyers New York State Bar Association Houston Bar Association Austin Bar Association American Center for Law and Justice 10.0Tony Ray Bertolino

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