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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

C. R.

Nurse
Nov 14, 2021

Very Attentive to Details

Mr. Phan is a very professional Lawyer and very attentive to details. He will explain to you what he can do and not do from the beginning. Very detailed itemized bills and very helpful assistance from Ms. Sarah. I would recommend Mr. Phan and his law firm to anyone seeking help with the Texas State Board of Nursing. He has very good connections there and knows his way around and who to speak to. With his previous experience working there, it helps him guide you i the right direction needed for your case.

The Do It All Twins

Nurse
Jan 2, 2019

Heartfelt Gratitude

Phong is a great and fantastic attorney. He is a good listener, very detailed, keeps to appointments, and a fighter with a compassionate heart. His wealth of knowledge and experience helped me navigate through this nerve-wracking period. Every step of the way, Phong explained to me the details of the case, what questions to expect, and what the board inferred from my case, made me aware of the facts in my case and how to answer questions, and he prepared me well for court. He was able to settle my case through mediation and achieved a dismissal.

His thorough, aggressive wealth of knowledge and education cannot be underestimated. Words cannot express the heartfelt gratitude I owe him for successfully bringing my case to a dismissal. I highly recommend him.

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.

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.

N. M.

Nurse
Dec 12, 2022

Best Possible Outcome

This attorney knows what he is doing and is the best! From his communication and how hard he works for you to get the best possible outcome, you’re in great hands. Thank you and your team so much!

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!

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.

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.

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.

J. P.

Nurse
Jan 10, 2019

Very Compassionate and Professional

I am a registered nurse, and I had a unique situation with BON. I was seeking legal counseling. At that point in time, I was very stressed out and vulnerable, in addition to feeling I may lose my nursing license and my life would be over. After speaking with Phan, Phan gave me the reassurance I needed to make it through the next 2-3 years and that I would not lose my nursing license. Phan is very compassionate and professional.

I felt Phan was on my side and understood how much a nurse’s license means to a nurse, and he would fight for my license as if it were his. Phan’s knowledge and experience just in the area of nursing and BON is extraordinary and over the top. I was able to tell Phan knew what was needed in regard to dealing with BON and what was expected of me.

The letters sent to the BON were laid out very professional, detailed, and hit the points needed. I would not have been able to communicate with the BON like Phan did. Phan’s communication with me was excellent; he was always straightforward with me on everything that was happening, for example, any communication with BON and anything that was needed from me. Phan kept me updated on everything and continuously communicated with me throughout his service with me. Phan always followed up, and his response times for anything were very quick. Phan was always available for me. Phan always iterated he was there for me, on my side, and would fight for me, and I felt he did.

I was kept informed and updated on anything and everything. I never doubted anything Phan did for me. I am very appreciative of what Phan did for me. I was lucky to have Phan represent me. I wish no other nurses would have to go through a situation like mine or have to deal with BON, but if any nurse did, I would highly recommend Phan/The Phan Law Firm. Phan deserves more the five stars and did more than 110% for me. The hard/excellent work Phan did for me has put me in a better place, I have a low level of stress, and my name is just another name to BON.

 

M.P.

Occupational Therapist
Jan 9, 2023

Worth Every Penny

I am a Registered Nurse with several years of experience, and I was recently involved in a situation in which I never thought I would ever be. My professional life was at stake, and with it, my reputation and my family’s economic stability. I literally was about to throw the towel without putting up a fight when I came across “The Professional License Firm of Texas”.

I got a pleasant surprise when Mr. Phan himself answered my first phone call. He patiently and empathetically listened to my description of the case and gave me the peace of mind I sorely needed. He was very professional in every interaction, always positive and optimistic, and made me feel at ease even though I was going through the toughest times of my life. Thanks to Mr. Phan’s phenomenal defense of my case, it ended with a very satisfactory resolution. It was pricey, but honestly, it was worth every penny invested. I will call them again if I ever need them, and I am very confident in recommending this firm and its professionals, particularly Mr. Phan, to whoever needs their services.

H. K.

Nurse
Jan 12, 2020

The Best Attorney

Phan Law Firm is the best attorney you can have. My issue was solved by this lawyer in half time, for half the money. I advise everyone to call this firm about your problem.