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How Long Will it Take to Conclude a Legal Proceeding Filed by the Texas Medical Board?

Texas medical license defense attorneyWhen you are facing an investigation from the Texas Medical Board into allegations of wrongdoing, it's understandable you want the matter dealt with as quickly as possible.

How Long Will it Take to Conclude a Legal Proceeding Filed by the Texas Medical Board? Unfortunately, there is no simple answer to this question as it depends entirely on the circumstances of the case. While some cases can be handled swiftly, some cases can take many months, even years to reach a resolution. Depending on the facts, some cases may be dismissed entirely after compelling initial responses to the Board's inquiry. In other cases, the licensee and Board may reach a settlement agreement before litigation drags on.

Theoretically, the Texas Medical Board can dismiss a complaint at any stage if it deems that the proceeding is unwarranted, unjustified, or outside of their jurisdiction. However, generally, the TMB will pursue a case until it is fairly certain that liability is not present. Depending on the seriousness of the matter, a proceeding can take years.

Statutory Time Limit Requirements to Complete an Investigation

Under the Texas Administrative Code, TMB investigations are supposed to be completed within 180 days after the complaint has been filed and an official investigation opened, "unless there is good cause as to why the investigation could not be completed within that time." 22 Tex. Admin. Code §179.6. Good cause includes, but shall not be limited to:

  • the unavailability of pertinent documents that the agency has made all reasonable efforts to obtain;
  • the refusal of the subject licensee to cooperate during the course of the investigation;
  • Extended illness of a board investigator or other board employee integral to the completion of the investigation;
  • delinquency in reviewing the case and submitting a report by an Expert Physician Reviewer;
  • the necessity of additional investigation as determined by the Board's internal Quality Assurance Committee or DPRC;
  • additional complaints pending investigation regarding the licensee; and
  • other events beyond the control of the agency.

22 Tex. Admin. Code §179.6(a)(1)-(7). In cases when the investigation is not completed, or the case has not been scheduled for a hearing within 180 days, the Board is required to notify the complaint parties as to why the deadline was not met unless such notice would jeopardize the investigation. 22 Tex. Admin. Code §179.6(c).

While a lengthy proceeding is not ideal, you should be prepared in the event that the matter may take an extended period of time. While an early settlement is often offered at the investigation or informal settlement conference stage, your attorney may be able to negotiate for a better offer at a later stage in the process. You should discuss any proposed Texas Medical Board Order with an attorney before accepting it as the consequences can substantially affect your license, career, and employability.

Help From Experienced Medical Defense Attorneys

If you have been notified of a complaint filed against you with the Texas Medical Board, BERTOLINO LLP can help. We have experienced TMB license defense attorneys, and we know how to navigate the TMB's complaint process. We are prepared to represent you at any legal hearing or proceeding regarding your professional license.

With offices in Austin, Houston, and San Antonio, we serve clients all over the state. As experienced attorneys, well-versed in state and federal laws, we know how to win. Our results speak for themselves!

Our law firm helps professionals, like you, keep their licenses when those licenses are under attack by a state agency or board.

If you are facing disciplinary action from a professional licensing board, 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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