Blog : Texas Professional License Defense Law Firm : Bertolino LLP

January 28, 2020 Posts

The Self Report Rule for Texas Dentists

Texas dentists are regulated by the Texas State Board of Dental Examiners (TSBDE), which has the power to take disciplinary action against dentists who are found to violate the standard of care, the Dental Practice Act (DPA), or TSBDE Rules. Dental hygienists, registered dental assistants, and dental laboratories in Texas are also regulated by TSBDE. As part of this regulation, Texas dentists are subject to Texas Administrative Code Rule Sec. 108.6, which contains what is...

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January 27, 2020 Posts

Optional Reports to the Texas Board of Nursing

The Texas Board of Nursing has enacted a Nurse Reporting System designed to further the Legislature’s initiatives on patient safety conducted under Texas Occ. Code Sec 301.1606. To do this, the Board has instituted its own set of rules that define the circumstances under which nurses are considered to have a duty to report various forms of malfeasance or error that are undermining health care systems. In Sec.301.4025, the Board allowed for a nurse to...

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January 26, 2020 Posts

New Regulations for Texas Podiatrists

New TLDR rules governing the practice of podiatry in Texas, adopted under 15 TAC, Chapter 130, went into effect on September 1, 2019. These rules are wide-ranging and have an effect on a number of different elements of practice. Perhaps the change most apparent to practitioners is the implementation of a shift from a one-year term to a two-year term for a license. Among other requirements, the new rules also: Make certain changes to ease...

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January 25, 2020 Posts

Informal Settlement Conference with the Texas Medical Board

When a medical professional enters an informal settlement conference with the Texas Medical Board (pursuant to Board rule sec. 187.11), they at times arrive less prepared than they ought to be. This is likely because, given the use of the term “informal,” these professionals get the wrong impression: this informal settlement conference will be more like a trial than the word implies to the untrained ear, and will certainly proceed in a less fair fashion...

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January 24, 2020 Posts

Important Rule Change for Texas Physician Assistants

At its October 2019 meeting, the Texas Medical Board adopted a new rule detailing certain significant changes to licensure requirements for particular temporary physician assistants in the state of Texas. Physician assistant licensing is governed by the Texas Physician Assistant Board, which is a subdivision of the Texas Medical Board. Rule §185.33, concerning the “Exemption from Licensure for Certain Military Spouses (Physician Assistants),” permits spouses of military personnel who are stationed at a military base...

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January 23, 2020 Posts

Texas Nursing License Law: Defending Against a Complaint

When faced with a complaint to the Texas Board of Nursing, a licensed nurse is up against a difficult situation from the start, as the identity of the complainant remains confidential in every case. It can be difficult to mount a response when one’s accuser is unknown. But it is not impossible. At least the Board—which, it must be emphasized, was not created for the benefit of nurses but for their regulation on behalf of...

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January 22, 2020 Medical License Defense

Texas Board of Veterinary Medical Examiners Under Sunset Review

In 1977, the Texas Legislature created the Sunset Advisory Commission via the Texas Sunset Act, with the goal of streamlining the number and reach of state administrative agencies—in order to achieve a smaller, more streamlined government. The function of the Commission is to occasionally review each agency and licensing board under state purview and to question whether the agency is truly necessary and to gauge its effectiveness at achieving the purpose for which the agency...

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December 06, 2019 Posts

Defending Your Professional License Against Allegations of Misconduct

A formal complaint can be filed against your professional license for alleged violations of the law, alleged violations of the rules of your licensing board, breaches in your duties owed to the public, or other malfeasance. All Texas licensing boards receive complaints against licensees. Each licensing board has its own rules that dictate the complaint resolution process and disciplinary actions that may be imposed. Defending Your Professional License Against Allegations of Misconduct Regardless of the...

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December 05, 2019 Professional License Defense

3 Actions to Avoid After a Client Files a Complaint Against You

It is a letter dreaded by all licensed professionals: a notice that a complaint has been filed against you with your licensing board. You know that a single complaint can spell disaster for your career. Even if you believe the complaint is groundless, it is important to respond to the allegations and mount an effective defense from the start. 3 Actions to Avoid After a Client Files a Complaint Against You Avoid contacting the licensing...

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December 04, 2019 Posts

4 Proactive Ways to Avoid License Board Complaints

Complaints filed against your professional license are stress-inducing, may feel overwhelming, and can put your career at risk. Certainly, you can defend against any allegation of wrongdoing, and a license defense attorney can help you do so. However, it is indisputable that the best course of action is to avoid complaints in the first place. The fact is that regardless of how careful and meticulous you are, no matter how deeply you understand the rules...

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