If you are being investigated by a Texas licensing board or agency, you will be asked to provide information regarding the investigation and the complaint made against you. For some licensees this may mean the licensing board requests confidential information. Most licensed professionals have certain duties of confidentiality to the people they serve. Particularly health care professionals and attorneys have heightened legal duties of confidentiality to their patients and clients.
What to Do If A Licensing Board Requests Confidential Information
For example, while investigating a complaint the Texas Medical Board may request patient records, or the State Bar of Texas may request a client's file pertaining to the complaint.
Regardless of what licensing or regulatory board you are dealing with, compliance with requests is critical.
Before giving a response to a licensing board it is always advisable to consult with a license defense attorney about how to properly respond. This holds true for any and all responses to the board regarding complaints and investigations. Whether you are submitting initial responses to a notice of complaint or responding to a request for document production, consult with your license defense attorney before responding.
When it comes to producing confidential documents, seek the advice of your attorney on how you should respond to the board's request. Under no circumstances should you ignore or fail to respond to the request. It is important that you are cautious in ensuring that a waiver of confidentiality exists so that your interests are protected. This also helps to protect the interests of the affected parties whose confidential information is at issue.
Further, confirmation that a waiver of confidentiality exists helps to reduce your exposure to additional action against your professional license. Take caution to ensure that such a waiver exists for all files or records you turn over to the board. A waiver of confidentiality pertaining to one patient or client does not necessarily mean there is a waiver for other patients or clients, even if they too are part of the board's investigation.
Experienced Attorneys Defending Licensed Professionals
BERTOLINO LLP provides aggressive advocacy for professionals who are facing disciplinary action in front of a licensing board, agency, or commission in Texas. We have consistently won significant cases for doctors, nurses, lawyers, architects, pharmacists and other professionals dealing with issues that could jeopardize their ability to work. We know how to build a strong case to protect your license and livelihood.
For more information on defending your license against an attack by a state agency or licensing board, read our articles:
- What Are My Legal Options After Receiving A Complaint Notice?
- Defending Your Professional License in Texas: What You Need to Know
- Your Right to an Attorney When Your Texas Professional License Is Under Attack
For guidance in your particular case, contact us today to schedule a case evaluation.
Our law firm helps professionals, like you, keep their licenses when those licenses are under attack by a state agency or board.
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!
If you are facing disciplinary action from a professional licensing board, contact us today or call (512) 717-5432 and schedule a case evaluation.