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Physicians

Texas Physician License Defense for Medical Doctors or Doctors of Osteopathy

Physicians

Physician licensing defense encompasses the legal representation of medical doctors in Texas. These doctors may find themselves facing scrutiny from the Texas Medical Board, which holds authority over the licensing procedure for medical doctors and is responsible for imposing penalties and sanctions when a doctor is found to have violated the law.

The disciplinary process for a physician faced with a Board complaint or an applicant seeking licensure is daunting. Each step requires an attorney who can guide a dentist through the process and provide sound, thoughtful legal advice at each step so the dentist is in the best position to understand the consequences of each action and make the best decision for him or her, depending on his or her unique facts.

As a previous General Counsel for the Texas State Board of Dental Examiners (TSBDE), Assistant General Counsel for the Texas Board of Nursing (BON), and former State of Texas prosecutor exclusively dealing within the area of administrative law, Phong Phan, Esq., has focused his practice on defending medical professionals against Board complaints and disciplinary proceedings throughout the State of Texas.

To address your specific requirements and arrange for a free consultation, please contact us online or call (512) 524-1620 today.

Understanding the Board Complaint Process

Types of Complaints

Complaints arrive at the Texas Medical Board from different sources, but the primary source of complaints is based on those that the physician knows well, either a former patient or a current patient. In the firm’s daily practice, the firm sees complaints involving documentation or record-keeping, non-therapeutic prescribing, failure to complete continuing medical courses as required, prescribing to known abusers, criminal conduct, and treatment that failed to conform to the minimum standard of care.

The Initial Texas Medical Board Complaint Letter

The Initial Texas Medical Board Complaint Letter”]Physicians in the State of Texas, once a complaint is received at the Texas Medical Board, receive a notice of complaint letter from the Texas Medical Board. The complaint letter notifies the physician that he or she is being investigated by the Texas Medical Board. The complaint letter contains the allegation(s) against the physician. The complaint letter requests the physician, within a certain time period afforded, to respond to the allegation(s) contained in the letter. It is critical that this letter not be ignored as the Texas Medical Board is empowered to proceed with the complaint regardless of whether the physician responds with severe consequences to the physician if the initial complaint letter is not responded to or ignored altogether.

The Formal Investigation Phase

After a physician responds to the complaint letter, the Texas Medical Board will continue to conduct its investigation. The Texas Medical Board may continue to reach out to the physician for any necessary follow-up or to request additional information. The complaint, at this stage, may be dismissed if there is insufficient evidence. If the Texas Medical Board determines that the complaint has merit, the case proceeds. Under the Texas Medical Board rules, the investigation phase is required to be completed within 180 days of the complaint being filed and the investigation being opened.

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Experience Matters

In private practice for the last 15 years, Mr. Phan has focused his practice exclusively on defending physicians and similar other health-related professionals against Board complaints and disciplinary proceedings. These proceedings are well known to Mr. Phan as he served as the Assistant General Counsel with the Texas Board of Nursing (BON), in addition to being the head attorney at the Texas State Board of Dental Examiners and a former State of Texas prosecutor exclusively dealing within the area of administrative law.

As one can see, the process is daunting, and each step requires an attorney who can guide a physician through that process and provide sound, thoughtful legal advice at each step so that the physician is in the best position to understand the consequences of each action and make the best decision for him or her depending on his or her unique facts and situation.

Candidly, the decision to hire an attorney is critical and important, one that is not to be taken lightly. Given the years of education and training by physicians, the firm expects that each potential physician client will continue to do his or her due diligence in researching an attorney and finding an attorney and firm that can best obtain the right result for him or her. Thus, one of the key considerations, the firm believes, is whether that attorney has experience with the licensing boards and has defended physicians before the Texas Board of Medicine. The Phan Law Firm, P.C., is this firm.

Reviews

R. D.

Nurse
Jan 2, 2019

Very Pleased

Mr. Phan did a wonderful job as an attorney. I was very pleased with all services provided and would give anyone requesting his services a 10 star review and to please use him.

X. M.

Nurse
Dec 15, 2021

The Right People to Handle my Case

When your career and license are on the line, hire the right Attorney. Mr. Phan and his team are well-versed in Professional License Defense and will guide you judiciously (and keep you informed) through your legal issues every step of the way. I hired him to handle a legal issue with the Texas State Board of Nursing; I am glad I came to the right people to handle my case. I am extremely grateful and appreciate all the hard work; it’s been quite a journey, and I am grateful for the final outcome.  Thanks to you and your team, a big weight has been lifted off my shoulders.

T. C.

Nurse
Jan 2, 2019

Careful Listener that Successfully Defended My Case

When a complaint was filed with Texas BON, I thought I would explain my situation to Texas BON nurses, and they would understand. I did not know that the Texas Board of Nurses uses criminal justice professionals using criminal justice procedures to investigate all complaints. I did not know that the Texas BON would be so sternly opposed to any explanation. I did not know that the Texas BON would be so unwavering and relentless in their prosecution. The complaint lodged against me was complicated, and the stress of defending myself alone was debilitating. That is until I met Mr. Phan at the Phan Law Firm. Mr. Phan understands the Texas BON. He listened carefully and successfully defended my case. I owe him and his expertise a debt of gratitude and I am more than happy to share my story with anyone who asks.

B. A.

Dentist
Dec 15, 2022

Exceptional Attorney

Mr. Phan is an exceptional attorney. He is experienced and knowledgeable, and he knows how to utilize them effectively.

G. T.

Dentist
Nov 12, 2022

Calm, Empathetic and Experienced

I hired Mr. Phan to help me during an extremely stressful time. I was in a situation where I had to deal with the Texas State Board of Dental Examiners (TSBDE), and Mr. Phan and his team guided me through every step of the process. His calm and empathetic demeanor helped relieve most of my anxiety, and his knowledge and experience allowed me to resolve my matter with a favorable outcome. I found him to be an invaluable resource, and I would highly recommend Mr. Phan to anyone looking for excellent representation.

D.C.

Nurse
Mar 8, 2024

Hire them, seriously – you will not regret it. Complete dismissal.

Phong is incredibly smart and talented and knows exactly how the Board operates and what to do. In my initial search, I had signed on with The Bertolino Group, and they majorly screwed up my case and charged me outrageous amounts of money to do so. Once I saw all the mistakes that they submitted to the board, I quickly canceled with them and talked to Mr. Phan. He was so gracious and apologized for the unprofessionalism of my previous counsel. He got straight to work on my case and corrected all the errors that the Bertolino Group made.

His counsel was beyond wise, and I finally felt like I was being defended by someone who not only cared but also knew exactly what to do, how the board thought, and how to react.

The board didn’t look at my case for over 2 1/2 years [talk about stress], and Phong encouraged me to be patient, so I was. When they finally reviewed my case, they dismissed it!

Phong and Sarah stayed in contact with me about my case and were straightforward with their pricing. I never got billed for nonsense or unexpected things like I did with the Bertolino Group. They are honest and incredible at their jobs!

Hire them, seriously – you will not regret it. Even if my case had turned out differently, I felt confident the entire time that Phong was fighting my case as if it were his own. I never felt that way with the Bertolino Group.

The hardest part about picking a law firm to help defend you is not knowing if you can actually trust them to fight hard and smart for your case. You can trust The Phan Law Firm. Phong tells it like it is, doesn’t waste time, is concise and methodical, and his firm is transparent. He has your back.

J.W.

Nurse
Dec 26, 2023

Attentive and Patient

Mr. Phong is very attentive and patient. He took his time to understand the situation, and he guided me at every step. His knowledge, expertise, and professionalism are a testament to write about. Thank you, Mr. Phong.

S. D.

Nurse
Jan 9, 2022

A Big Win for a Tough Case

I am a registered nurse; Mr. Phan helped me out with a very serious issue with the Texas Board of Nursing. A former patient reported me to the management of the hospital where I was working. Management forwarded the complaint to the Texas Board of Nursing, and boundary/ HIPPA violations were filed against me.

After two long years, my options appeared limited, and the likelihood of a satisfactory resolution seemed nigh on impossible, but Mr. Phan got me sorted out. He fought the board so hard from emergency revocation/voluntary surrender to probation with remedial classes. A big win. I am very grateful for Mr. Phan’s service, and I recommend him for tough cases.

L.O.

Psychologist
Jun 10, 2023

Honest and Open

Mr. Phan’s calm demeanor helped me remain calm through a very stressful time. He was honest and open each step of the way. He thoroughly reviewed all records and planned the best course of action.

A.B.

Nurse
Dec 12, 2023

Patient, Kind and Knowledgeable

Phong and his team were fantastic. He was kind, patient, and very knowledgeable. He guided me through the process with compassion and expertise. My issue was resolved favorably, and I remain forever grateful for his professional support and guidance.

D. N.

Nurse
Jan 3, 2019

If there is a way, Mr. Phan will find it!

Mr. Phan is a fighter! He never gives up on a case, and if there is a way, he will find it!

J.F.

Licensed Professional Counselor (LPC)
Dec 27, 2023

Exceptional Legal Prowess and Knowledge

Phong has represented me in a couple of license defense matters over many years. He became more than a defense attorney, more than a professional service provider, he became a friend because he, without question, delivers his exceptional legal prowess and knowledge with that special quality of humanity, empathy. His guidance and personal interest in my circumstances have been much more than fulfilling a legal contract for services; he has demonstrated such strategic and insightful assistance throughout these two rather protracted cases of mine as to assure my confidence in the process.

It is my honor and privilege to have the opportunity to provide feedback to him because I believe it is important for him to know just how much his kind of professional service means to me as both a client and friend. I’m very confident in recommending his firm’s service to all in need.