Blog - Page 38

Contending with an Investigation by the Texas Board of Nursing

May 16, 2020Medical License Defense Posts

The Texas Board of Nursing is charged with protecting the public by establishing and maintaining quality in the selection of and maintenance of those individuals who may be permitted to practice nursing within the state. As such, among the Board’s primary functions is investigating complaints made against the licenses of nurses. The Board will, therefore, investigate any issue relating to the practice of nursing. Among the more common subjects of these investigations are allegations of...

Details

TMB Sunset Review Provided New Pathways to Physician Licensure

May 15, 2020Posts

The Texas Medical Board went under Sunset Review in 2015, and emerged in 2017 with certain recommendations to take up—among them a number of new pathways to physician licensure. Some of these recommendations were adopted soon after the report was made (though surprisingly an emergency session had to be called to continue TMB’s existence for two additional years), but many (including a longer-term 12 years extension of TMB’s mandate) were not made until 2019. Among...

Details

New Rules in Texas For When a Physician’s Abortion Attempt is Unsuccessful

May 14, 2020Posts

The topic of abortion is a sticky one—it is among the most acrimonious points of conflict in the political “culture war” in our nation. Texas finds itself no exception to this—groups such as the ACLU claim our laws make it more difficult for those desiring an abortion to receive one than in most other states. This makes the performance of such procedures a hot-point for doctors, and often brings the practices of such medical professionals...

Details

Dealing with the Formal Investigation Phase of a Medical License Complaint

May 13, 2020Posts

After performing a preliminary review of a complaint against a medical professional, during which a licensee sometimes may submit a response to an initial complaint letter, the Texas Medical Board will pass forward a complaint that is determined to both have probable cause and over which the Board determines itself to have jurisdiction. This is when the complaint enters its formal investigation phase. This phase, according to Board Rule 179.6, is supposed to conclude within...

Details

When a Medical Professional Receives an Initial Complaint Letter

May 12, 2020Posts

The Texas Medical Board considers complaints against its licensees. After receiving a complaint, the Board will conduct its preliminary review. It has 45 days in which to do so. In some cases, this review includes contacting the licensee who is under review in order to give them a chance to respond to the allegations in the complaint. This official form of contact is referred to as the “initial complaint letter,” and generally includes a description...

Details

What Happens When a Real Estate Agent Makes a Payment With Insufficient Funds?

May 11, 2020Posts

The Texas Real Estate Commission (TREC) is the agency responsible for overseeing the licenses of those authorized to engage in real estate transactions in the state. It has a great deal of latitude in the penalties it may impose on those licensed under its auspices for various actions that it considers unbefitting a real estate agent. As with many Texas state agencies, the Commission is charged with protecting the public from malpractice and malfeasance on...

Details

When a Pharmacist is Accused of Engaging in Deceit

May 10, 2020Posts

The practice of pharmacy is a highly regulated profession—and rightly so, given the rampant and highly-publicized epidemic of drug abuse in the United States, to which Texas is no exception. Pharmacists go through a great deal of education and training to achieve their licenses, and should do everything they can to keep their livelihoods intact. At times they may be falsely accused of deceit. When they are, they should contact an experienced professional license defense...

Details

Professions Governed by the Texas Medical Board

May 09, 2020Posts

The Texas Medical Board is charged with licensing and monitoring the licenses of a number of different medical professions in the state. Obtaining a license from the Board is no easy feat—any license that one may succeed in acquiring through this agency requires a great deal of preparation, including years of education and pre-licensure testing, often at great expense and even potentially a great deal of accrued monetary debt. No one who goes through all...

Details

When a Remedial Plan is Proposed by the Texas Medical Board

May 08, 2020Posts

The disciplinary actions available to the Texas Medical Board for application to physicians run a gamut. Among the lowest responses, the board may decide upon in response to a complaint against a medical professional’s license is the Remedial Plan. Such a plan, which is put to the physician for review and either acceptance or rejection, is considered corrective—but the Board does not consider a Remedial Plan to be a de facto disciplinary action. Remedial Plans...

Details

When a Nurse Performs Services Only a Doctor or Nurse Practitioner May

May 07, 2020Posts

As any nursing professional will be aware, nursing positions are disparate in type, and the scope of responsibilities in any individual nursing practice can be remarkably diverse—from the first year of a nurse’s training through the various forms of advanced nursing. Yet from time to time, a nurse will be accused of exceeding the scope of their profession by performing a service that, by law, only a doctor or (in more limited instances) a nurse...

Details