As an accomplished professional, your license symbolizes your dedication to your practice. However, certain complaints may result in a professional license investigation that could endanger your career.
If you face serious allegations such as alleged misconduct, ethics violations, malpractice or records violations, consult a professional license defense lawyer in Texas to protect your future. A lawyer will help you present a strong defense and mitigate the potential consequences that could jeopardize your future.
Complaints of Professional Misconduct
Many industries have codes of conduct that professionals must follow to maintain ethical standards. When these standards are not met, it can lead to formal complaints and misconduct investigations.
If you are facing allegations, address them promptly to ensure that you get the opportunity to defend yourself. It is also important to take steps to avoid a complaint for misconduct against your professional license.
Fraudulent Practices
These refer to intentional and deceptive actions by individuals or organizations to gain personal or financial advantage through dishonesty.
If you face allegations of engaging in any of the following fraudulent practices, you may undergo an investigation and suffer legal consequences:
- Embezzlement
- Bribery
- Identity theft
- Insider trading
Breach of Confidentiality
Confidentiality fosters trust between service providers and clients, patients, or colleagues. It ensures that personal details, medical records, financial information, trade secrets, or other confidential data are kept secure and disclosed only when necessary and authorized.
Confidentiality is especially critical in the healthcare, law, finance, and mental health fields, where disclosing sensitive information could have profound consequences for clients. Upholding confidentiality protects individuals’ rights and contributes to the overall integrity of professions.
Falsifying Records
Falsifying records is a serious offense that involves intentionally altering or fabricating information in official documents or records. This can have severe consequences, especially in legal or financial matters.
Falsifying records can lead to disciplinary actions or other legal consequences, including criminal prosecution resulting in fines or imprisonment. If you are facing a licensing board investigation, secure legal representation to protect your rights. These allegations could lead to a criminal investigation and prosecution depending on the results of the investigation and the evidence against you.
Complaints of Professional Negligence
Negligence refers to failing to meet the expected standards of care and competence in the field and harming others. Also sometimes referred to as malpractice, it occurs when a professional fails to exercise the skill, knowledge, and diligence level that a reasonably prudent professional would have exercised in similar circumstances.
Failure to Meet Professional Standards
This refers to the negligence of a licensed professional to adhere to the established benchmarks and expectations set by their respective licensing board. Failing to meet these standards can lead to potential harm to others.
Substandard Quality of Work
If you were accused of failing to meet the expected level of skill and competence in delivering services, you could risk losing your license or facing other disciplinary action from your regulator. These types of accusations suggest that your work falls below what is considered acceptable or satisfactory within your industry.
For example, a medical professional could be accused of substandard quality of work if they fail to administer medication accurately and/or on time.
Complaints of Criminal Activities
These sorts of complaints refer to unlawful actions committed by individuals within their professional roles. If a complaint was filed accusing you of engaging in criminal activities, seek immediate legal counsel from a license defense attorney in Texas.
A criminal conviction or deferred adjudication can have a significant and negative impact on your career and personal life. If you are facing criminal charges, seek legal advice to protect your future. A lawyer can help build a strong defense and fight the charges.
Substance Abuse
Substance abuse on the job can be considered a violation of ethical rules as well as a criminal offense. Being intoxicated while on duty can impair judgment, compromise performance, and pose serious risks to the safety of others.
In many jurisdictions, including Texas, certain substances are classified as illegal drugs, and their possession, use, or distribution is strictly prohibited by law.
Professionals involved in substance abuse on the job can face legal consequences, including disciplinary action by their regulator, such as loss of their license. It can also lead to criminal charges that involve potential fines, and imprisonment if convicted.
Theft
This refers to unlawfully taking or misappropriating someone else’s property, funds, or assets in the context of one’s duties. Under the Texas Penal Code, theft is considered a criminal offense.
Theft in a work setting violates the law and breaches the trust and ethical obligations expected in professional relationships. It encompasses various forms, including embezzlement, fraud, diversion or misappropriation of controlled substances, or unauthorized use of resources for personal gain.
Sexual Misconduct
This refers to any unwanted or inappropriate sexual behavior or advances between individuals within a professional relationship. Sexual misconduct can include but is not limited to sexual harassment, sexual assault, sexual boundary violations, or any form of non-consensual sexual activity. In many professional relationships, the law indicates that patients or clients cannot consent to a sexual relationship because of the special nature of the relationship. Therefore, any sexual activity in this context can be a violation of the law regardless of claims that the relationship was consensual.
Click to contact our professional license defense lawyers today
Complaints of Violating Regulations
In any field, adhering to regulations and ethical standards is paramount to maintaining the industry’s integrity. If you face allegations of violating regulations, it can have serious consequences for your career and reputation.
Complaints alleging you violated regulations typically arise when individuals are alleged to have breached requirements set forth by regulatory authorities. These complaints can range from minor infractions to severe breaches exposing license holders to a variety of disciplinary measures, including potential revocation of your professional license.
Non-Compliance With State or Federal Regulations
This refers to the failure of individuals or organizations to adhere to the laws, regulations or rules established by government entities at the state or federal level.
Examples of non-compliance with state or federal regulations may include:
- Violating health and safety regulations
- Failing to adhere to labor laws
- Disregarding environmental protection measures
- Engaging in deceptive business practices
Non-compliance can result in legal penalties, fines, loss of licenses or permits, reputational damage, and potential civil liability and lawsuits from private parties.
Violation of Licensing Board Rules
Each profession has its licensing board that establishes specific rules and requirements to ensure the competence, integrity, and ethical conduct of professionals within their field.
Violations of licensing board rules can take various forms, such as:
- Practicing without a valid license
- Providing false information during the licensing process
- Engaging in fraudulent activities
- Failing to meet continuing education requirements
- Breaching professional ethics
Texas licensing and regulatory agencies are responsible for monitoring and enforcing compliance with these rules, investigating complaints, and taking appropriate disciplinary action against individuals found to be in violation.
Unauthorized Practice
Engaging in professional activity or providing services that require a specific license or credential without obtaining the necessary authorization or qualifications is considered unauthorized practice. It typically involves individuals performing tasks or offering services restricted to licensed professionals, such as medical professionals and engineers. The law treats these violations so serious that many times this conduct can also be prosecuted as a criminal offense.
Complete a Case Evaluation form now
Bertolino LLP Can Offer Legal Guidance During a Professional License Investigation
If you are facing a licensing board investigation, seek legal guidance from a skilled license defense lawyer in Texas. Our team of experienced attorneys can provide you the necessary guidance and representation to navigate the complex legal process.
At Bertolino LLP, we will help you understand the full impact of the claims brought against you and will develop a personalized legal strategy to fight for you and your license. We will thoroughly analyze the allegations, gather evidence, and help you make your voice heard.
We understand that the prospect of a professional license investigation may feel overwhelming and be discouraging, but as your lawyers, we will protect your rights and advocate aggressively for your interests throughout the entire regulatory process. Contact our license defense law firm to discuss the details of your case.
Call or text (512) 476-5757 or complete a Case Evaluation form
