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.
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.
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.
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.
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!
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.
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.
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.
Mr. Phan calmly and professionally guided me through every step of a very stressful situation. He is extremely knowledgeable and attentive, and I was completely exonerated thanks to Mr. Phan’s assistance. I highly recommend his services if you are in need.
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.
The Do It All Twins
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.
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.