If your profession requires a license to do your job, then it is possible for a complaint to be lodged against you. All licensing boards and regulatory agencies in Texas administer complaints filed against their licensees. For example, the Texas Medical Board, Board of Nursing, Texas State Bar, and the Texas Department of Licensing and Regulation are required by statute to investigate filed complaints.
If your licensing board has notified you of a complaint filed against you and a pending investigation, then we urge you to consult with an experienced professional license defense attorney as soon as possible.
10 Things To Know When Your Licensing Board is Investigating You
There are things you should know in the event your licensing board is investigating you. While the following list is not exhaustive, here are 10 important things to know if you're under attack from your licensing board.
- You have the right to counsel during the entire complaint and investigation process. As soon as you are notified of a complaint filed with your licensing board, you should consult with a professional license attorney.
- Your initial responses to the board are critical. It is not uncommon that a complaint is dismissed outright after the board receives thorough and well-planned responses to its initial inquiry. Your professional license defense attorney can help craft effective first responses to the complaint.
- It is important to face the allegations head-on. Even if you believe the complaint is baseless, it is important to take it seriously from the start. Even if you feel certain the investigation will yield nothing, it is critical to mount an effective defense from the start.
- Timely respond to all requests from the board. Failure to respond to complaint allegations or other board requests can lead to additional penalties or sanctions you would otherwise avoid if you timely respond to all requests.
- Anything you say or send to the board can be used against you as evidence. We urge you not to contact the board to try to talk your way out of the complaint. You may inadvertently make omissions of guilt or give the investigator information that could harm your case.
- Only communications with your attorney are protected by the attorney-client privilege. Do not talk with colleagues, bosses, clients, or anyone else about the board complaint. Such communications are not protected, and those people can be subpoenaed to testify about what you said.
- The function of every Texas licensing board is to protect the public, not your interest or your license.
- Each Texas licensing board handles complaints in their own way, which is spelled out in their rules and in state law. Board enforcement procedures can be complex and difficult to navigate. Your professional license defense attorney can help you navigate the process.
- Do not alter, destroy, or attempt to hide evidence. Do not lie to the board. Texas licensing boards are staffed with good attorneys and investigators who know how to do their jobs. You do not want to get caught lying or hiding evidence because that will make your situation and any disciplinary actions you will have to face significantly worse.
- Hiring a license defense attorney does not make you look guilty. In fact, it shows the board that you are serious about addressing the complaint and defending yourself.
Our firm believes that immediately consulting an experienced license defense attorney to review allegations of misconduct helps ensure the most favorable outcome in your case.
Professional License Defense Against Texas Licensing Boards
BERTOLINO LLP provides aggressive advocacy for professionals and businesses who are licensed by Texas licensing boards and regulatory agencies. We know how to build a strong case to protect your license - and your livelihood.
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. If you are facing disciplinary action from a professional licensing board, contact us today or call 512-717-5432 and schedule a case evaluation.
Follow BERTOLINO LLP on Facebook!
View free videos & subscribe to our YouTube channel!
Get a copy of Tony R. Bertolino's #1 Bestselling book When Your License is Under Attack: A Survival Guide for Texas Professionals in hardcover or for Kindle here.