Dealing With the Texas Department of Licensing and Regulation (TDLR)
Trusted attorneys representing licensed Texas professionals
The Texas Department of Licensing and Regulation (TDLR) has regulatory authority over a wide range of professions in Texas. Some of the medical professionals licensed by the TDLR include:
- Orthotists and prosthetists
- Massage therapists
- Athletic trainers
- Dyslexia therapists
- Hearing instrument fitters and dispensers
- Speech-language pathologists
When an individual in a career under TDLR jurisdiction is the subject of misconduct allegations, the complaint will be investigated by TDLR. The disciplinary process and potential for subsequent disciplinary actions can be intimidating. And the impact can be devastating – the TDLR website maintains a list of professionals and disciplinary actions by the Board. The license defense attorneys at Bertolino LLP are ready to help you navigate through the process.
Understanding the TDLR disciplinary process
The professions within the oversight of TDLR are subject to TDLR jurisdictional authority to investigate allegations of misconduct (e.g., professional negligence or failure to meet standards of care). Authority for TDLR investigational jurisdiction and subsequent disciplinary actions is provided by the Texas laws and regulations for the individual professions.
TDLR will conduct an initial investigation when a complaint is submitted against your license to confirm jurisdiction over the alleged violation. If TDLR confirms jurisdictional authority, the agency will notify you a formal investigation has been opened and has been referred to the appropriate TDLR Advisory Board. For example, a complaint regarding podiatrists is referred to the Podiatric Medical Examiners Advisory Board, while orthotists and prosthetists are regulated by the Orthotists and Prosthetists Advisory Board.
After a formal investigation, an Advisory Board may deem a complaint to not be valid and dismiss the case. A valid complaint may proceed to an informal hearing. If an agreement cannot be reached at an informal hearing, the matter will move to a hearing before an Administrative Law Judge (ALJ) at the State Office of Administrative Hearings (SOAH). The ALJ will hear evidence regarding the case and will then issue a proposed decision. TDLR will consider the ALJ proposed decision in determination of a final disciplinary action; however, TDLR has the authority to modify or reject the ALJ proposed decision. Following the final TDLR decision, your last recourse for appeal is through the Travis County district court system.
A law firm you can trust to stand up to TDLR
If you are a licensed professional facing a TDLR enforcement action, you need an attorney on your side who understands the process. From your initial response to the complaint against you through representation at hearings and appeals, we will be on your side. Contact us today to defend your career.