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B.A. versus Texas Department of State Health Services (Massage Therapy Licensing)

Case Study

B.A. versus Texas Department of State Health Services (Massage Therapy Licensing)


This case involved a client, a former health professional, who had been disciplined and whose license had been revoked in another jurisdiction/State for unprofessional conduct.


The client, having moved to Texas, wanted to make an application for licensure in a different field, as a massage therapist, wanting to reenter the health-related field once more with an eye towards making an application in the future to obtain the licensure in the original practice field that had been revoked in the originating jurisdiction/State.


The Phan Law Firm, P.C., assisted the client in the application process, addressing the Department’s concern regarding the disciplinary action in the other jurisdiction/State as the main roadblock for licensure as a massage therapist in Texas. The Phan Law Firm, P.C., accompanied the client to the hearing on the application and was successful in presenting the client in the most favorable light, highlighting efforts to make amends and demonstrating fitness to hold a license.


The firm also successfully argued under the law that the disciplinary action in the other jurisdiction could not meet the Department’s requirement that that particular conduct was “unprofessional conduct” that could “endanger or likely to endanger the health, welfare, or safety of the public.”


The Department, which had repeatedly and consistently denied applications in previous similar matters, was persuaded and approved the client’s application for a massage therapist, acknowledging privately to the firm’s attorney that counsel and representation in that process made a decided difference.