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Challenging Denial of a Medical License in Texas

Texas license defense attorneyThe Texas Medical Board receives far more applications for licensure than it issues. In Fiscal Year 2016, the Board received 5,602 physician applications, and issued 4,093 physician licenses. That means last year 27 percent of applicants for physician licensure were denied.

This represented an increase in the percent of physician applications denied by the TMB over Fiscal Year 2015 and 2014, which was 20 percent denial and 22 percent denial, respectively.

If you have been denied a license by the Texas Medical Board, you have the right to challenge that denial. You have studied and trained for many years for the ability to apply for a medical license in Texas. If you were denied licensure or received a Complaint in response to your application for licensure, it is time for you to fight for your right to practice medicine in Texas. We urge you to contact our Medical License Defense Law Firm immediately.

Reasons for which the TMB may deny a medical license:

  • Criminal history that precludes TMB licensure, such as crimes involving moral turpitude, dishonesty, or substance abuse.
  • Discipline by another state licensing board.
  • Failure to meet all eligibility requirements.
  • Failure to provide additional items requested by the licensing analyst.
  • Academic difficulties in medical school or problems in a post-graduate residency program.
  • Falsifications or omissions in the application

The foregoing list is by no means exhaustive. The TMB has broad discretion in issuing medical licenses. However, you always have the right to challenge a Board decision.

Challenging Denial of a Medical License in Texas

The Medical License Defense Attorneys of BERTOLINO LLP are prepared to help you challenge a license denial by the TMB or a complaint in response to your application for licensure. We know how to navigate the TMB's licensure and enforcement process.

If the Board discovers something that it deems may make you unfit for an unencumbered license, your ability to ever practice medicine in Texas is in jeopardy. A licensure applicant has the right to formal resolution before the State Office of Administrative Hearings (SOAH). The case will be heard before an Administrative Law Judge, who will then submit a Proposal for Decision to the TMB. Thereafter the TMB will issue its final Order. If the Order is not in your favor, you have the right to appeal the decision to District Court.

Challenging a TMB Complaint Received in Response to Your Medical License Application

The Board may send a Complaint in response to an application for licensure, which will follow the TMB's complaint enforcement process. In such cases, the TMB may propose certain stipulations to be placed on your license. Stipulations can include monitoring requirements or restrictions on certain areas of your practice. For example, a physician may be precluded from prescribing narcotics or practicing medicine in certain environments.

These stipulations can be contested in a process similar to the process for contesting disciplinary sanctions against a license holder. Depending on the circumstances, you may be able to receive a license without encumbrances or with fewer stipulations.

Hiring An Advocate to Fight For Your Texas Medical License

If you were denied licensure by the Texas Medical Board, or received a Complaint in response to your application for TMB licensure, BERTOLINO LLP can help. Our experienced Medical License Defense Attorneys have consistently won significant cases for doctors and other medical professionals licensed by the TMB. We know how to build a strong case to challenge the denial of denial of a medical license. Our results speak for themselves.

BERTOLINO LLP represents licensed professionals across the entire State of Texas. Our honest, experienced attorneys will fight aggressively on behalf of your license and reputation. Contact us today or call (800) 210-0126 and schedule a case evaluation.

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Attorney Tony R. Bertolino is the Managing Partner with Bertolino LLP. Our law firm has been able to help people across the state of Texas. If you need an experienced lawyer to represent you, contact Bertolino LLP today.

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