Licensed medical professionals may face disciplinary action or license denials throughout their careers. If your ability to practice medicine is on the line, you’ll need help from a lawyer to successfully navigate the appeals process.
At Bertolino LLP, we can connect you with an experienced Texas license defense attorney. Your lawyer can investigate the disciplinary actions you have received and help determine why your license request was declined. From there, they’ll gather evidence and draft a persuasive appeal explaining why the scrutiny you’re facing is unwarranted.
How Can a Lawyer Help You Appeal a Disciplinary Action?
If you’ve been met with disciplinary action, the Texas Medical Board (TMB) will allow you to file an appeal. However, doing so can be extremely challenging without the help of an attorney. A license defense lawyer in Texas can explain the appeals process in detail and answer any questions you may have.
In addition to advising you, a lawyer can provide several services, including:
Responding to the Disciplinary Letter
If the TMB receives a complaint about you, they must send you a letter of inquiry no later than 45 days after the complaint was filed. We strongly recommend that you do not respond (by phone, letter or email) to the letter without the help of an attorney.
If you make a mistake in your response, it could be used as grounds for an unnecessary investigation that could result in the suspension or revocation of your occupational license. An attorney can help you draft an accurate response and submit it promptly.
Preparing You for an Interview
Depending on your response to the inquiry, the TMB may decide to investigate further. You may receive a request for an interview or further documentation regarding the incident. Your lawyer can prepare you for the interview and advise you on answering questions in a way that doesn’t hurt your case.
They’ll also assist you in collecting the requested documents, ensuring they’re organized properly and submitted to the correct parties.
Collecting Evidence for Your Appeal
If the result of the TMB’s investigation is disciplinary action or a suspension or revocation of your license, a lawyer can help you submit an appeal. The appeal should explain why the TMB’s decision should be altered or completely reversed.
Your attorney’s job is to ensure your appeal is as convincing as possible. They’ll investigate your case, interview relevant parties, and examine the complaints you’ve received for gaps and inconsistencies. They’ll use the evidence they find to construct an appeal that disputes the claims made against you.
For example, if the complaint alleges improper billing codes, your lawyer will search for records that show the billing was appropriate or evidence that reflects the reason for the billing. Ideally, your lawyer will find relevant and accurate information that illustrates why the claims against you should not disrupt your medical career.
Filing Your Appeal
Once your attorney has found enough evidence to construct a strong appeal, they’ll file it with the Texas Court of Appeals or the Texas Supreme Court. If your appeal is successful, your disciplinary actions may be reduced or dismissed.
How an Attorney Can Appeal a Denied License
Getting your medical license is a long process. Unfortunately, no matter how much hard work you’ve put into schooling and applying for a license, the TMB can deny your license request. The good news is that an attorney can help you appeal a denied license.
Here’s what a lawyer can do to help.
We Can Help You Understand Why Your License Was Denied
The TMB exercises great discretion when accepting or denying a license request. The board can even decline a request without explaining why it chose to do so. An attorney can help you determine why your request was denied and what needs to be done to make a successful appeal.
Your license may have been denied if you:
- Have a history of criminal convictions
- Previously received disciplinary actions by a medical board in another state
- Do not meet the eligibility requirements for getting a license
- Did not submit the required paperwork or information for getting a license
- Provided false information or documents in an attempt to get a license
Our Lawyers Can Request a Review of Your License Denial from the TMB
If the Executive Director of the TMB finds that you’re unfit to receive a license, you can request a review of their decision. Upon receiving your request, the TMB’s Licensure Committee will assess the decision and determine if it’s the right choice.
It’s important to note that you only have 20 days from the date you receive your license denial to submit a request for review. An attorney can help you draft your request and ensure it gets to the TMB well before the 20-day deadline.
Our Attorneys Can Request a Review of the Restrictions on Your License
Instead of denying your license application, the TMB could recommend that you receive a restricted license. Depending on your circumstances, a restriction could limit the fields of medicine you’re allowed to work in or even prevent you from prescribing certain drugs.
Having your license restricted could stop you from working in the field that you’ve studied for years. Luckily, a lawyer can help you request a review of your license restriction. Requests for review must also be made within 20 days of the restriction.
We Can Apply for a Hearing from the State Office of Administrative Hearings (SOAH) on Your Behalf
If your request for review is ineffective, your attorney can have your license denial or restriction adjudicated by the SOAH. This process is similar to filing an appeal for disciplinary action or license revocation.
Once your request for adjudication has been submitted, an administrative law judge will review it and send their decision to the TMB. At that point, the TMB has the authority to accept or alter the ruling.
We Can Help You File a Court Appeal
If the TMB’s final ruling or order is unacceptable to you, you have the right to file an appeal with the Travis County District Court in Austin, TX. Your attorney will organize evidence that supports your case and present it to the court in a persuasive manner.
If the Travis County court rules in your favor, you may be granted your license, or your license restrictions may be reduced or removed.
How to Find the Right Attorney for Your Appeal
If you want to give yourself the best chance possible at successfully appealing your disciplinary action or license denial, you should choose a lawyer with extensive experience and impressive case results. A seasoned lawyer can assess your situation and provide advice for the best course of action.
In addition to experience, we recommend that you look for an advocate with the following qualities:
An attorney should contact you and keep you updated throughout the appeals process. When you’re meeting with a potential lawyer, ask them about how they communicate with their clients. You’ll want to avoid attorneys that leave their clients in the dark for long periods of time.
The ideal attorney is open, honest and transparent with their clients. A lawyer who knows what they’re doing should have no problem telling you the truth about your case. If you sense that a lawyer isn’t being completely forthright with you, reconsider working with them.
Organization and Time Management Skills
Appealing TMB decisions involves a great deal of paperwork and filing deadlines. To come out of the appeals process on top, you’ll want to hire a lawyer who is organized, precise, and prompt. Doing so will ensure that your review requests and appeals are filed correctly and on time.
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Get Reliable Legal Help for Your Appeal
Bertolino LLP has attorneys on staff who can help you with appealing disciplinary actions and license denials. Our law firm has many years of experience with such issues. We’ll use our knowledge to protect your right to practice in your desired capacity.
Contact us today to find out if our law firm is a good fit for you. We’ll schedule a complimentary consultation to learn more about your situation and determine if we can help you file an appeal. We look forward to hearing from you.