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Dealing With the Texas State Board of Acupuncture Examiners (TSBAE)

Attorneys you can trust to protect your acupuncture license

Acupuncturists in Texas provide patients with a safe, non-invasive form of healing. Often called the Acupuncture Board, the Texas State Board of Acupuncture Examiners is a division of the Texas Medical Board. TSBAE is the regulatory agency that oversees the acupuncture profession, including allegations of misconduct. If you, a licensed acupuncturist, receive notification from the Acupuncture Board of a complaint, your license is under attack. You need to talk to the experienced acupuncture license defense  legal team at Bertolino LLP.

Understanding the role of the Acupuncture Board’s in the complaint process

The Acupuncture Board has the authority to cancel, revoke, restrict, suspend or otherwise limit the license of any Texas acupuncturist for violations of the Texas Occupations Code or TSBAE rules. As soon as you are notified you are under investigation by TSBAE, it is vitally important to retain a medical license defense attorney.

The nature of the complaint determines who investigates the matter, as an attorney will investigate administrative issues with medical care issues investigated by medical professionals working for TSBAE. TSBAE may send you a preliminary notification; however, Texas does not provide a legal obligation for them to do so, Notification to you is only required when formal investigation has been opened. What this means, is you may only learn of the allegations after the preliminary investigation is complete. At that point, you will have a short timeframe to respond to the allegations. All the while, TSBAE staff will be at work, investigating information related to the complaint. Remember, HIPAA provides TSBAE the legal right to obtain patient medical records without patient consent.

Upon completion of the investigation, your case may be recommended for dismissal or for further review. If referred for further review, a Quality Assurance Panel will determine the appropriate next steps of the process. The QA Panel may offer you a remedial plan or may recommend the complaint to an Informal Settlement Conference (ISC). The ISC process requires you to appear before two TSBAE representatives and present evidence of regulation compliance. Following a ISC hearing, your case may again be recommended for dismissal, for a remedial plan, or your case may be recommended for disciplinary sanctions.

Throughout the process you have rights and options, in addition to your initial response. Depending on the recommendations made for your case, you have the right to request a State Office of Administrative Hearings (SOAH) before an Administrative Law Judge (ALJ). At your SOAH hearing, you and a TSBAE staff attorney will present evidence regarding your case after which the ALI will issue a Proposal for Decision (PFD). The PFD recommendation of the ALJ is not binding, as TSBAE has the authority to accept or modify the proposed decision. Pending the TSBAE final ruling, if desired, you have the right to appeal the decision in your case to Travis County District Court

Protect your acupuncture license. Contact our law firm.

Defending your acupuncture license against an allegation isn’t easy, and there’s a lot at stake. That’s why you shouldn’t try to face the Board alone. Choose an attorney who knows how to take on the Acupuncture Board and protect your career. Contact us today.

10.0Tony Ray Bertolino

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