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The Punitive Power of the Texas Medical Board

Physicians and other health care professionals in the state of Texas are subject to the rules and regulations of the Texas Medical Board. Not only does the Board set the standards that prospective practitioners must meet in order to earn their licenses to practice medicine, but it maintains the standards necessary for the ongoing practice of medicine. Every physician must adhere to the standard of care, the rules promulgated by the Board, and the laws put into place by the Texas Legislature in order to remain licensed. One way the Board has determined it can most easily monitor practitioners is to accept formal complaints from the public and from other practitioners. And it has a great deal of latitude in punishing licensees for perceived violations.

When the Board receives a complaint against a physician or other health care provider, it checks whether it has jurisdiction over the claim, which in many cases it does. Then—and only then—does it notify the physician who is the subject of the complaint of the complaint's existence, via written notice. At this point, the physician is granted the opportunity to respond to the allegations in the complaint via a formal Response Letter.

This Response Letter is, in other words, the first line of defense. If crafted well enough, it may successfully end the investigation before it has begun. But even where it does not, it can go a long way toward containing the scope of the investigation. Because let's be clear: these investigations are by no means naturally constrained to the complaint that begins them. They range far and wide unless the defense is properly construed.

And the effects can be disastrous for a physician's career. The Texas Medical Board complaint process may go through temporary suspension hearings, informal settlement conferences (a misnomer if ever there was one), show compliance proceedings, and even State Office of Administrative Hearings proceedings. And the outcome can range from a simple warning to full-on revocation of a physician's license to practice.

Contact a Texas Medical License Defense Attorney Today

Should you find yourself the subject of a complaint, BERTOLINO LLP can help. Call us as soon as you are notified, so we can craft the best possible response letter to fit the facts of your case. We are experienced medical license defense attorneys and we know how to navigate the complaint process. We are prepared to represent you at any legal hearing or proceeding regarding your license.

Our firm believes that immediately consulting an experienced professional license defense attorney to review allegations of misconduct helps ensure the most favorable outcome. Our results speak for themselves. BERTOLINO LLP represents licensed professionals across the entire State of Texas. If you are facing disciplinary action, contact us today or call (512) 717-5432 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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