Blog : Texas Professional License Defense Law Firm : Bertolino LLP

March 18, 2021 Posts

Attorneys Who Defend Other Texas Attorneys in State Bar Disciplinary Actions

Any Texas attorney who finds they have been made the subject of a formal complaint before the State Bar should take immediate action to protect their license to practice law. No attorney wants to suffer the blow to their reputation and potentially to their livelihood that may come from censure by the Bar—and that blow becomes complete where an attorney is disbarred. Yet even where a claim is baseless, having to go through the complaint...

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Attorneys who defend other texas attorneys in state bar disciplinary actions 1

March 17, 2021 Posts

Actions We Take to Help Professionals Whose Licenses Are Under Fire

The professionals of Texas put a great deal of effort into earning their licenses to practice in their chosen fields. Often this includes a lot of education upfront and qualifying for licensure through testing. All of this is an investment in their careers that only pay off if licensure is granted and maintained. So when professionals find their licenses under fire by a state licensing board, agency, or commission, it is imperative they take every...

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When the texas board of nursing is required to suspend or revoke a nursing license

March 16, 2021 Posts

When is the Texas Board of Nursing Required to Suspend or Revoke a Nursing License?

The possibility they may lose their license is one of the greatest professional fears that nurses live with. Complaints to the Texas Board of Nursing sometimes have the unfortunate outcome of revocation of licensure, mainly where violations of relevant code and rules are considered egregious enough. Of course, usually, there is some latitude in the discipline that the Board doles out, allowing it to be lenient where it believes improvement is still possible. But there...

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March 15, 2021 Posts

Contesting Alleged Wrongdoing that Might Lead to Loss of Professional License

It's the sort of scenario that inspires nightmares among professionals: receiving a letter notifying them that a formal complaint has been lodged against their license with their licensing Board or agency. Among professionals we help, this is often mentioned as being one of the most dire events they can recall. And these complaints can be lodged by practically anyone—a member of the public, a client, a patient, a professional peer. Depending on which licensing Board...

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March 14, 2021 Insurance License Defense

When a Texas Insurance Agent is the Subject of a Formal Complaint

Every year, many complaints—numbering in the thousands—are formally filed against Texas insurance agents. Many of these are founded in evidence, but many are not. The Texas Department of Insurance accepts these formal complaints as the body governing the licensing and maintenance of insurance agents. Any insurance agent who has a complaint filed against them may find their license to practice real estate—and with it, their career and livelihood—is in peril. When a member of the...

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March 13, 2021 Posts

Contested Hearings Before Texas SOAH

When a complaint case against a professional's license is not able to be settled—whether because it cannot be for some reason or because one side in the conflict refuses to do so—it will pass through to the Texas State Office of Administrative Hearings (SOAH) for adjudication. Hearings that reach the stage of SOAH adjudication are sometimes referred to as "contested hearings" or "formal hearings." This is by no means the outcome for most cases involving...

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March 12, 2021 Posts

Not Following Advertising Rules Might Cost Texas Realtors Their Licenses

Without advertising, Texas realtors would be hard-pressed for ways to generate clients. Yet those licensed to practice real estate are not permitted by the state to simply release any sort of advertisement they may want to. Rules and regulations pertaining to realtor advertising have been established, ostensibly for the protection of the public. The Texas Real Estate Commission reports that among the most frequent complaints it receives against realtors are violations of these advertising rules....

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Texas licensed professional counselors facing complaints

March 11, 2021 Posts

Elements that Factor into TDLR’s Enforcement Plan

The enforcement plan put in place by the Texas Department of Licensing and Registration was established to explain the sanctions and penalties to which its licensees may be subjected. It covers a gamut of the disciplinary outcomes that may apply to specific violations that are alleged against licensees falling within the Department's purview, according to which statutes and rules apply to a given profession. It also clarifies the elements that factor into the Department's determinations of...

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When the tmb can suspend a physicians license without providing notice

March 10, 2021 Posts

Can the Texas Medical Board Suspend a Physician’s License Without Providing Notice?

There is a general assumption in Texas's administrative law regime that licensees must be given due process before their licenses may be suspended or revoked, and this goes just as much for Physicians as for anyone else. Part of this due process is generally considered to be the giving of notice to a licensee prior to suspension. But there are indeed certain specific situations in which the Texas Medical Board may suspend a medical practitioner's license...

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March 09, 2021 Posts

Does Texas Permit the “Corporate Practice of Medicine”?

In the United States, the licensure of medical professionals occurs on the state level. But it should be noted that there tends to be a great deal of accord between states on which standards and concepts to utilize in regulation and to have their regulatory bodies enforce. In Texas, it is the Texas Medical Board that the Legislature has created to establish the standards for licensure of physicians and maintain those standards by various means,...

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