Athletic Trainers have themselves engaged in training so that they might be able to help the people of Texas to improve and maintain their health and vitality. It’s an important service they provide to Texans of all ages, and they put their hearts and souls into it. This is why it can be such a blow when they find someone has filed a formal complaint against their license to practice with the Texas Department of Licensing and Regulation (TDLR).
When the TDLR receives a complaint against an Athletic Trainer licensee, it first examines the complaint’s contents to determine whether it has jurisdiction over the alleged behaviors or violations. If not, the complaint will either be dismissed or referred to a different department (or, in some cases, to law enforcement). If so, then the investigation will begin—and the licensee is notified of the complaint at this point.
This is when the licensee should contact a professional license defense attorney. We can help by crafting an effective response letter containing the proper information—no more, no less.
Moreover, a licensee should never engage with a TDLR investigator on their own, even if the investigator makes a surprise visit to their place of employment. This is a ploy to catch an Athletic Trainer off-guard. The licensee shouldn’t be rude or brusque—no need to create bad blood with the investigator!—but simply state that they will need to contact their legal representation. Yes, the Athletic Trainer will need to answer questions, but there is a more formal process available, and we would urge them to take it.
The investigators will gather information from the complainant as well as from the Trainer and other witnesses. But we don’t want the licensee providing information that goes beyond the scope of the initial complaint, because the Department is not limited by that scope, and these investigations have a tendency to grow out of control unless the proper legal representation is furnished.
BERTOLINO LLP is the representation you need. We handle matters related to grievance complaints, ethics, and other important professional licensing issues. If you have received a licensing complaint, BERTOLINO LLP can help. To best serve our clients, we have offices in Austin, Houston, and San Antonio.
Contact us today or call (512) 717-5432 and schedule a case evaluation.