The Texas Medical Board (TMB) reviews every one of the over 7,000 complaints it receives each year to determine if adequate evidence exists demonstrating a violation of the Medical Practices Act. If the Board finds sufficient evidence to support the allegations, then it will begin an investigation and inform the licensee of the alleged violation(s).
If you receive such a notice, you are then given the opportunity to respond in writing. Depending on the facts of the case, thereafter you may have to attend an Informal Settlement Conference/Show Compliance proceeding or an administrative hearing before the State Office of Administrative Hearings (SOAH).
You can represent yourself against the Texas Medical Board, but it is not advisable.
You spent years earning your right to practice medicine. And a single complaint, even if you believe it to be baseless, can put your medical career in jeopardy. There are innumerable dangers to do-it-yourself license defense. You need an attorney who is well-versed in the TMB enforcement process and Texas administrative law. Just as your patients need you for their health and wellbeing, you need someone who can protect your rights and put forward the best defense for you.
As soon as you are notified of a TMB complaint we recommend that you hire an experienced medical board defense attorney. Not only are your initial written responses to the allegations critical to the ultimate outcome of your case, it's imperative that you not do anything that will bolster the TMB's case against you or harm your ability to defend yourself against the accusations.
Navigating the TMB's enforcement process and legal proceedings can be quite difficult.
While not advisable, if you do choose to represent yourself, be careful to find the latest version of the SOAH procedural rules and the TMB Rules that the Board alleges you violated. In its complaint letter/notice the TMB will typically indicate which TMB rules it is alleging you violated.
It is highly advisable that you seek legal counsel in these matters since TMB disciplinary proceedings can result in dire consequences and are full of traps for the unwary―which an experienced Medical license defense attorney can help you avoid.
Hire the Experienced Medical License Defense Attorneys of BERTOLINO LLP
If you have been notified of a complaint filed against you with the Texas Medical Board, BERTOLINO LLP can help. We are experienced medical license defense attorneys and we know how to navigate the TMB's complaint process. Our results speak for themselves. We are prepared to represent you at any legal hearing or proceeding regarding your professional license, including:
- Temporary Suspension Hearings
- Informal Settlement Conferences (ISC)
- Show Compliance Proceedings
- State Office of Administrative Hearings (SOAH) Proceedings
BERTOLINO LLP represents licensed professionals across the entire State of Texas. If you are facing disciplinary action from a professional licensing board, contact us today or call (512) 717-5432 and schedule a case evaluation.