The TMB is in charge of monitoring the licensing process for a medical doctor and also for punishing and implementing sanctions against the doctor when the doctor has violated the law. The alleged violation could be anything from an ethical violation to a charge of negligence. A doctor needs an experienced attorney to fight back against these complaints and put them in a position for the best possible defense.
The substantive involves the allegation or matter type, and the procedural examines where the disciplinary process of the case is.
Procedural milestones or stages in the development of an investigation or TMB disciplinary case can be segmented as follows:. Texas Medical Board physician licensing cases handled by the lawyers of the Leichter Law Firm PC routinely involving the following substantive matters:. Although some complaints may have their genesis with other agencies such as the DEA or DPS, most complaints are filed by dissatisfied patients, angry spouses, disgruntled co-workers, or subsequent treating physicians.
As the disciplinary process at the TMB is a complaint-driven process, all cases must begin with a letter of complaint. When a doctor hires an experienced Texas physician license defense attorney, they can remove themselves from the process. Allowing a skilled attorney who understands the complex rules of the TMB and the necessary evidence and procedures puts you in a better position for a successful outcome.
There are precise requirements and nuances in Texas law that general practitioners and even general defense attorneys are not aware of. You must seek legal counsel to ensure that your rights are preserved. If your medical license is on the line, that means your livelihood is in jeopardy. The TMB is not there to do protect your rights. If you are being investigated, hiring an attorney is the best thing you can do. A lawyer will ensure that your rights are protected. While the TMB may appear to be there to represent you, their responsibility is to regulate the practice of medicine and protect the public.
The actual contested case hearing involves not only TMB statutes and rules, but also the procedural and evidence rules. There are also strict deadlines impacting the hearing. There have been numerous physicians who have lost the case at SOAH because either they or an inexperienced attorney did not understand the process and requirements. Mediation usually occurs very early in the SOAH process. The Board is represented and advised by their lawyer, so you should also have legal assistance to adequately protect your interests and answer questions you may have.
This department has officers who function much like probation officers to check up on physicians to make sure they are living up to the terms of the order i. Probation appearances require the physician to appear before a Board panel in Austin on a periodic basis. Additionally, the physician may be able to ask for modifications or early termination of the order depending on their situation. Reports are also generated for the public through the TMB website and TMB newsletter, and notifications are provided to hospitals where privileges are held and other medical licensing boards.
Related press releases are often routed through the media and frequently end up in newspapers or various postings online. Chemical dependency and mental impairment are growing concerns for Texas physicians and can lead to serious allegations that can possibly have career-ending ramifications.
While chemical dependency and mental health issues are difficult challenges, it is important to know that a physician does not need to go through the related regulatory process alone. Given the procedures and regulations involved with proceedings before the Texas Medical Board, it is best advised to obtain help from a physician license defense attorney with specific experience in handling TMB matters.
Texas Physician License Defense Attorneys. Licensure Application Process Whether you have recently finished medical school or have been licensed elsewhere for many years, getting licensed in Texas can sometimes be a long and challenging process. Get your material together before you apply. Apply early. If you think you might want to work in Texas, start the process as soon as possible. Read the directions carefully. A minor mistake will derail your application for months.
Do not think of attempting to mislead the Board or to try to hide information. The application requires some documents be sent by third parties. Follow-up on people and entities to ensure that documents have been submitted. It is also critical to follow-up with the Board on a regular basis.
Retain Documents. Keep a copy of your application, material submitted to the Board and all the correspondence between you and the Board. If you have a problem, get help. If you have significant issues, you need to get professional legal assistance from someone with licensure experience before the Board. Having an experienced attorney by your side as you navigate a licensing complaint is essential.
We can help you develop a powerful case strategy tailored to your needs, and aggressively and ethically defend your rights in and out of court.
In addition to helping medical professionals protect and defend their licenses against allegations, we also help licensed professionals obtain and manage licenses and navigate other legal and regulatory issues.
As a health care professional, you understand that your experience and knowledge is unique and valuable. You are an expert in your practice area, and your patients rely on your advice. As health law attorneys, we are also experts in our practice area. Let us provide you with sophisticated, cost-effective advice and representation. To schedule a consultation with our team or learn more about our services, contact us online or via phone at Common Types of Medical License Matters in Texas Our Houston medical license defense attorneys have experience defending medical professionals in a wide range of license disputes.
We commonly represent clients during : Texas Medical Board investigations. The Texas Medical Board receives more than 7, complaints ever year — some frivolous, some serious — from patients, patient family members, health care professionals and other sources. The Board has an investigative staff working throughout the state gathering information, interviewing witnesses, and reviewing patient records.
Who is working on your side? Put the attorneys of Hendershot Cowart P. Learn more about the TMB investigative process below. Texas Board of Nursing investigations. Like physicians, nurses can come under investigation because of a patient or peer complaint.
If you're a nurse and receive notice that you are under investigation for a possible violation of the Nursing Practice Act, we will help you navigate the investigatory and disciplinary process so you can focus on the important work of caring for your patients.
HIPAA violation allegations. Our attorneys can help ensure that your facility is compliant with HIPAA regulations and defend you against allegations, or minimize the impact of your case if HIPAA violations are indeed present. Peer review proceedings. A medical professional can question a colleague's professional credentials or standards of care. If you come under investigation in a peer review case, your license could be in danger.
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