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Grace McAloon Wins 2023 Bertolino Impact in Government Scholarship

November 29, 2023Scholarship

Bertolino LLP takes solace in the knowledge that so many of today’s young people have their fingers on the pulse of changes in United States law. The 2023 Bertolino Impact in Government scholarship brought in several concise and thoughtful essays describing the ways some of the nation’s most fundamental legislation may change in years to come. That said, one essay stood out from the rest. This year, Bertolino LLP’s financial support goes to Grace McAloon,...

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Can You Be a Dual Agent in Texas without Modifying Your License?

October 31, 2023License Defense Lawyer Texas

Dual agency refers to a real estate agent representing the buyer and the seller in a single transaction. While this approach might seem financially beneficial for the agent due to double commission, it brings inherent challenges and potential conflicts of interest. Representing both parties can make it difficult for an agent to equally advocate for the interests of each party. Recognizing these challenges, the Texas Real Estate Commission (TREC) does not permit dual agency. Therefore,...

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What is a Fitness Determination Request from the Texas Real Estate Commission?

September 30, 2023Professional License Defense Posts

The Texas Real Estate Commission (TREC) licenses real estate professionals and ensures that they follow the TREC rules and Texas laws that pertain to them. Exhibiting the qualities of honesty, trustworthiness, and integrity are all essential to obtaining a license from TREC. Therefore, you may have difficulty getting a license from TREC if you have a criminal record, prior disciplinary history with other professional or occupational licenses, unpaid judgments, or unlicensed activity. Fortunately, you can...

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How Not to Respond to a Disciplinary Complaint

September 29, 2023Professional License Defense Posts

When you are a licensed professional in Texas, receiving a complaint from your professional or occupational licensing board can be an intimidating and disturbing experience. The consequences of disciplinary actions can be significant because they can threaten your license and career. Failure to properly handle such complaints can lead to poor outcomes.  In this situation, you need an experienced occupational license defense lawyer to protect your license. Strong legal representation helps you avoid making mistakes...

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Can I Contact My Students on Social Media if I Am a Teacher?

September 28, 2023License Defense Lawyer Texas

The State Board for Educator Certification (SBEC), a Texas Education Agency (TEA) division, certifies and monitors educational professionals for compliance with applicable rules and laws. If someone files a complaint against an educator, the SBEC will investigate the complaint and file disciplinary proceedings as needed. Due to the pervasive social media usage today, contact between teachers, other educators, and students via social media can lead to disciplinary proceedings that result in severe sanctions.  Teachers and...

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Disciplinary Consequences for Noncompliance and the Texas Commission on Law Enforcement (TCOLE)

September 27, 2023Professional License Defense Posts

The Texas Commission on Law Enforcement (TCOLE) licenses and regulates law enforcement personnel, including peace officers, county jailers, and telecommunicators. As a result, TCOLE can discipline law enforcement professionals for violations of Chapter 1701 of the Texas Occupations Code, TCOLE Rules, or other applicable laws or rules. Disciplinary proceedings by TCOLE that arise from a complaint can lead to dire consequences that may endanger your career. Therefore, securing legal representation by an experienced law enforcement defense lawyer at Bertolino...

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Minimizing Your Risk of Allegations of Healthcare Fraud

September 26, 2023Uncategorized

Doctors and other healthcare facilities that submit health insurance claims have recently experienced increased scrutiny by insurance companies and the federal government. As a result, allegations of Medicaid and Medicare fraud have become particularly common, often leading to civil liability, criminal charges, and an accompanying loss of one's medical license. Given the severity of the potential consequences of a finding of healthcare fraud, medical professionals should take all steps necessary to minimize the risk of...

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Communicating with Your Licensing Agency When You Are Facing a Complaint

September 25, 2023Professional License Defense Posts

All occupations and professionals that require some license or certification through the state of Texas are subject to licensing board rules and laws that govern them. Any violations of those rules or laws can lead to investigations and disciplinary action against your license by the relevant licensing board or agency. These allegations have the potential to ruin your career and your livelihood.  If you are facing a disciplinary complaint, you should not directly communicate with...

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I Received a Licensing Board Complaint, and I Know that I Made a Mistake. Should I Just Admit It?

September 24, 2023License Defense Lawyer Texas

Your professional or occupational license allows you to use your education, training, and skills to help others in your field of expertise. You will feel upset and overwhelmed when you receive a complaint against your license. Depending on the outcome of the licensing board’s investigation and any ensuing disciplinary proceedings, you risk losing your license or being unable to continue working in your field, temporarily or even permanently.  In some circumstances, you may realize that...

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Can I Use Artificial Intelligence (AI) to Manage My Texas Medical Practice? Am I Liable if It Makes a Mistake?

September 23, 2023Medical Malpractice

State and federal law imposes significant duties on physicians to responsibly manage and maintain their medical practices, including extensive rules about how to maintain patient records. The Texas Medical Board (TMB) also has established ethical rules governing physicians' management of their practices. In addition, the recent rise in the use of artificial intelligence (AI) to manage office operations and perform other routine tasks has given physicians a new tool that promises innovative increases in efficiency...

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