Your licensing board has notified you that a complaint has been lodged against you. Undoubtedly, receiving that notice was one of the worst moments for you. Perhaps the complaint was lodged by a former client, a former patient, a patient’s family member, or even by a colleague or the licensing board itself. While each licensing board in Texas operates differently and in accordance with their own rules and regulations, most boards accept complaints from any source. However, some boards require the name and contact information of the complainant, while other boards accept anonymous complaints.
Now that you’re aware of the allegations pending against you, it is critical that you take proactive steps to properly defend yourself and your license from the very start of the case.
How Can I Prove to My Licensing Board that I Didn’t Do Anything Wrong?
Understand that by the time the licensing board notifies you of a filed complaint it has already conducted a preliminary investigation. Though each board is unique, generally speaking after a complaint is received the board will ensure it has jurisdiction over the complaint, confirm the complaint has all requisite as well as adequate information, and may conduct a preliminary assessment to determine that the facts as stated, if true, would constitute a violation of a board rule, state statute, or other law.
By the time your licensing board notifies you of a complaint and its ensuing investigation, it is already a serious matter. Even if you believe the complaint is groundless, you must still address it promptly and earnestly.
Your Initial Response
Your first opportunity to prove to your licensing board that you did not do anything wrong is in your initial response to the board. Many, but not all, Texas licensing boards send a request for response and a deadline by which to respond with the notice of complaint.
Your initial response to the board is your opportunity to explain your side of the alleged events and to provide evidence to show that your conduct was lawful and appropriate. We urge you to hire an experienced professional defense attorney with experience handling cases involving your licensing board before you respond to the board. An attorney will be able to help you craft initial responses that protect your rights, make no accidentally admissions, and give you the best chance of having the compliant dismissed outright by the board or settled with the most favorable terms possible.
Providing Information to the Board
If your board requests certain information or documentation during the course of the investigation, you must provide it to them. If, however, the information or evidence is covered under confidentiality (such as doctor-patient confidentiality), then first make sure that confidentiality is waived or you redact all confidential information prior to turning it over to the licensing board.
Provide the investigator assigned to your case with all information requested in a prompt fashion. You can also submit any additional information that you want the Board to consider. However, do not contact the investigator in an effort to get him or her to see your point of view. Leave any necessary communication with the investor to your attorney. Also, when dealing with board employees or any other party attached to your case, refrain from reaction emotionally. Stay calm and collected.
Professional, Medical, and Vocational License Defense Attorneys
BERTOLINO LLP represent licensed professionals across the entire State of Texas. We have successfully helped clients resolve a wide range of complicated legal matters involving professional license defense, medical license defense, and vocational license defense. If your professional license is at risk of suspension or revocation, contact us today or call (512) 887-7305 and schedule a case evaluation.