Blog : Texas Professional License Defense Law Firm : Bertolino LLP

May 14, 2019 Posts

What Constitutes “Misconduct” for Texas Attorneys?

As an attorney, you know you must adhere to the ethical responsibilities of the profession. The Texas Disciplinary Rules of Professional Conduct define lawyers' responsibilities and proper conduct to maintain the integrity of the profession. The Texas Rules of Disciplinary Procedure establish the procedures to be used in the professional disciplinary system for Texas attorneys. The Texas Rules of Professional Conduct define proper conduct for purposes of professional discipline. And upholding the rules requires an...

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May 13, 2019 Posts

What Are TDLR Agreed Orders and Default Orders?

The Texas Department of Licensing and Regulation (TDLR) issues licenses, certificates, and permits to dozens of professions in Texas. Texas state law empowers the TDLR to investigate and resolve complaints received against licensees of the 40 programs it administers. The TDLR receives over 12,000 complaints every year. After complaint investigations are completed, TDLR prosecutors decide how the cases will be resolved. If the prosecutor determines that formal enforcement action is not warranted, then she will...

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May 12, 2019 Posts

TDLR Complaint Investigation & Resolution

The Texas Department of Licensing and Registration (TDLR) licenses and regulates over forty professions in Texas. As the licensing body, the agency handles complaints against licensees. And when warranted, the agency can impose disciplinary action against those it licenses. TDLR Complaint Investigation When the TDLR receives a complaint from a consumer or other member of the public the agency's Enforcement Division assigns it to the intake section for review. An intake legal assistance will analyze...

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May 11, 2019 Posts

Bold Initiatives: The Proactive Efforts of the Texas Alcoholic Beverage Commission (TABC)

The Texas Alcoholic Beverage Commission (TABC) regulates the alcoholic beverage industry in Texas. The TABC had a banner year in 2018. By tackling bold initiatives, the Commission redefined what it seeks to accomplish and its relationship with the alcoholic beverage industry. The TABC attributes its 2018 success to, "the agency's proactive efforts to engage all members of the industry, implementing new initiatives and overhauling significant policy positions to address industry issues, a new program that...

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$Texas medical board minor infractions can lead to disciplinary action against doctors$

May 10, 2019 Posts

Texas Medical Board: Minor Infractions Can Lead to Disciplinary Action Against Doctors

The Texas Medical Board (TMB) regulates the practice of medicine in our state. The TMB handles complaints lodged against Texas doctors. If after following its enforcement procedures the TMB determines that a doctor violated a board rule, regulation, or the standard of care, it can take disciplinary action against Texas doctors. And it is not just major infractions that lead to disciplinary action. The TMB routinely imposes disciplinary action against doctors for what could be...

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May 09, 2019 Posts

Attention all Licensed Texas Nurse: Think Carefully Before You Post on Facebook, Twitter, SnapChat and the Like.

Texas nurses have a duty to maintain professional boundaries. The Texas Board of Nursing (BON) defines professional boundaries as "the appropriate limits which should be established by the nurse in the nurse/client relationship due to the nurse's power and the patient's vulnerability." 22 Tex. Admin. Code § 217.1(29). Professional boundaries are meant to promote the patient's dignity, independence, and best interests. The National Council of State Boards of Nursing (NCSBN) defines professional boundaries as the...

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May 08, 2019 Medical License Defense

New Rule Coming for Texas Nurses on Authority to Order and Prescribe Controlled Substances

The new rule relating to Texas Nurses' authority to order and prescribe controlled substances will take effect September 1, 2019. Reason for the Amended Rule The amendment is necessary for compliance with the statutory mandates born of Texas House Bill 2516 and it removes outdated and obsolete references from the sections. HB 2516, among other things, requires advanced practice registered nurses (APRNs) to access the Texas Prescription Monitoring Program (PMP) prior to prescribing or dispensing...

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May 07, 2019 Professional License Defense

Facing Allegations of Misconduct Against Your Professional License

As a licensed professional you spent significant time getting the education, training, and experience necessary to do your job. In Texas we require our doctors, nurses, pharmacists, chiropractors, cosmetologists, dentists, behavior analysis, dietitians, speech-language pathologists, veterinarians, social workers, and many other professionals to be licensed by the state licensing board or agency tasked with regulating the respective profession or industry. A single complaint filed against your professional license can ruin your career. Facing Allegations of...

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May 06, 2019 SOAH

Child-Care Administrator License Defense, Texas Attorney

It took years of dedication and hard work to earn your Child-Care Administrator License. Yet, it only takes one complaint to threaten your career and livelihood. If allegations have been filed against you, it is critical that you take the complaint seriously. Even if you believe you did not violate any laws or licensing board rules, we urge you to face the allegations head-on from the start. Failure to respond to a complaint or failure...

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May 05, 2019 Posts

License Actions Against Texas Police Officers in 2018

Police officers in Texas are regulated by the Texas Commission on Law Enforcement (TCOLE). When a complaint is filed against a police officer, the TCOLE reviews it to determine if it is the type of complaint it investigates. The Commission will investigate complaints against licensed law enforcement officers for an alleged violation of a law or rule related to licensing, certification, or an appointment. The Commission will also investigate instances when a licensed officer is...

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