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Texas Medical Board Defense

Understand how the TMB Affects Your Medical Doctor or Doctor of Osteopathy License

What is the Texas Medical Board (TMB)?

The Texas Medical Board (TMB) exercises regulatory oversight over the practice of medicine under the authority granted by the Texas Medical Practice Act. This authority empowers the TMB to both issue and enforce discipline on the medical licenses held by medical doctors (MD’s) and Doctors of Osteopathy (DO’s).

It is responsible for regulating the practice of medicine in the state with the primary mission to protect and promote the health and safety of the people of Texas by ensuring that physicians and other medical professionals meet and maintain high standards of competence and ethical conduct.

How does the TMB affect my Medical Practice?

The Texas Medical Board has several key functions and responsibilities, including:

  • Licensing: TMB is responsible for granting licenses to physicians, physician assistants, and other healthcare professionals who meet the educational and examination requirements set by the state. It ensures that individuals seeking to practice medicine in Texas have the necessary qualifications and credentials.

  • Discipline: The board investigates complaints and allegations of misconduct or violations of medical practice laws and regulations. If it finds evidence of wrongdoing, it takes disciplinary actions, which can include license suspension or revocation, fines, or other sanctions, to protect the public.

  • Rulemaking: TMB establishes and enforces rules and regulations related to the practice of medicine in Texas. These rules cover various aspects of medical practice, including licensure requirements, medical ethics, and standards of care.

  • Continuing Medical Education (CME): The board may set requirements for continuing medical education to ensure that licensed healthcare professionals stay current with medical advances and maintain their skills and knowledge.

  • Public Education: TMB may provide educational resources to the public to help individuals make informed decisions about their healthcare and understand their rights and responsibilities when receiving medical treatment.

  • Monitoring: The board may monitor physicians and healthcare professionals who have been subject to disciplinary actions to ensure compliance with the terms of their discipline.

The Texas Medical Board plays a crucial role in regulating the practice of medicine in Texas, with a focus on ensuring the competence and ethical conduct of healthcare professionals and safeguarding the well-being of patients.

Types of TMB Cases

The Phan Law Firm may handle a variety of cases related to the practice of medicine in the state. These cases can broadly be categorized into several types based on the nature of the allegations or issues involved. Some common types of Texas Medical Board cases include:

  • Ethical Violations: Cases involving allegations of ethical misconduct by physicians, such as breach of patient confidentiality, improper relationships with patients, or other violations of medical ethics.

  • Standard of Care Violations: Cases where a physician is accused of providing substandard medical care, which may include misdiagnosis, surgical errors, medication errors, or other instances where the standard of care was not met.

  • Prescription Drug Violations: Cases related to improper prescribing or dispensing of controlled substances, including allegations of overprescribing, inappropriate prescribing, or diversion of prescription drugs.

  • Fraud and Billing Issues: Cases involving allegations of fraudulent billing practices, insurance fraud, or other financial improprieties related to medical billing and healthcare reimbursement.

  • Licensing and Credentialing Issues: Cases related to the initial licensing or renewal of a physician’s license may involve issues with educational qualifications, examination performance, or background checks.

  • Substance Abuse and Mental Health: Cases involving physicians with substance abuse problems or mental health issues that may impact their ability to practice safely and ethically.

  • Sexual Misconduct: Cases involving allegations of sexual misconduct by healthcare professionals, which can include sexual harassment, abuse, or inappropriate relationships with patients or colleagues.

  • Boundary Violations: Cases where physicians are accused of violating professional boundaries with patients, which may include issues like dual relationships or improper personal involvement.

  • Board Compliance: Cases related to non-compliance with TMB regulations, including failure to meet continuing medical education requirements or other administrative violations.

  • Criminal Convictions: Cases where a physician has been convicted of a criminal offense, which may have an impact on their medical license.

  • Patient Complaints: Cases initiated by patient complaints regarding various aspects of their medical care or interactions with healthcare providers.

These are just some examples of the types of cases that the Phan Law handles. The specific details and outcomes of each case can vary widely, and the board’s primary goal is to ensure the safety and well-being of patients while upholding the standards of the medical profession.

Understanding the TMB Complaint Process

Physician licensing defense encompasses the legal representation of medical doctors in Texas. These doctors may find themselves facing scrutiny from the Texas Medical Board, often initiated by a complaint letter, which marks the commencement of the defense process before the TMB. The Texas Medical Board holds authority over the licensing procedure for medical doctors. It is responsible for imposing penalties and sanctions when a doctor is found to have violated the law.

Contained within the complaint letter are the facts and legal arguments that support the TMB’s contention that a physician has breached Texas law. These alleged violations can range from ethical misconduct to charges of negligence. To mount the most effective defense against these complaints, a physician requires the expertise of a seasoned attorney.

 

Disciplinary cases involving a physician’s license and the Texas Medical Board can be broadly categorized into two distinct areas: substantive and procedural. Substantive matters pertain to the nature of the allegations or the type of issue at hand, while procedural aspects concern the specific steps and processes involved in the disciplinary case.

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.

Do I Need to Hire an Attorney? What Type of Attorney Should I Hire?

Mr. Phan is familiar with the many types of alleged violations facing a physician and the different issues presented with each of the alleged violations of practice. Mr. Phan fully understands the disciplinary process during all phases, having prosecuted countless thousands of violations against other health professionals.

Physicians provide meaningful care to patients. Their standing in the community, both to the public and among peers, is unmatched and has been earned, rightfully so, through hard work and determination. Thus, even physicians who exercise the utmost care in practice may find themselves facing a complaint. The firm understands and appreciates the feelings of disbelief, anxiety, anger, and fear of the process associated with receiving a Texas Medical Board complaint letter alleging serious allegations of misconduct.

The firm understands that a physician’s reputation, good standing, and livelihood are at stake. Due to this appreciation, the firm recognizes that the exposure to disciplinary action has concrete effects on real people, affecting the physician’s ability to practice as it diverts the physician’s valuable resources away from what he or she wants to do to safely practice and care for patients. As such, the firm takes each and every case it handles with the utmost seriousness that each case exacts.

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.

The Informal Settlement Conference

If the Texas Medical Board determines that there is a violation(s), the physician will receive written communication that the Texas Medical Board intends on setting an Informal Settlement Conference with a location, date, and time for this Informal Settlement Conference to be held. This Informal Settlement Conference affords the physician, along with his or her attorney, who is allowed to attend, an opportunity to appear before Board members, Board staff, and Board staff attorney(s) to visit about the matter in a one-on-one setting. This process is referred to as an Informal Settlement Conference. Although it is referred to as “informal,” it is anything but informal as this is a procedure that requests the physician to appear to answer questions from Board members and staff and to defend his or her conduct. Prior to the Informal Settlement Conference, the Medical Board will have provided the physician with written information as to its proposed findings and areas it believes have been violated. It is critical for a physician to know how this process works and, most importantly, how best to respond in defending against the claims of violations. The decisions as to appearance, what to present, and how it should be presented are determined with the assistance of the Phan Law Firm, P.C., prior to this conference.

Following the Informal Settlement Conference and after deliberation by the Board members, a recommendation is made and shared with the physician. The recommendation may dismiss the matter, table the complaint (i.e., put on hold) in order to obtain additional information or visit about additional issues that may have surfaced at the Informal Settlement Conference, refer the matter to a temporary suspension hearing, or refer the matter to a contested case hearing at the State Office of Administrative Hearings. The Texas Medical Board may also, if the matter warrants, recommend resolution through a non-disciplinary remedial plan. As part of the Informal Settlement Conference, the panel may conclude that the physician committed violations. In this case, the panel may make a recommendation to the physician regarding its proposed discipline as contained in a proposed Agreed Order.

The Proposed Agreed Order for Disciplinary Action

To the extent that the Informal Settlement Conference panel concludes that the physician violated a statutory provision or one of its rules, it is most likely to recommend disciplinary action against the physician. This disciplinary action, proposed in this setting, takes the form of a document known and referred to as an Agreed Order. The Agreed Order sets out each finding of violation and the statutory or Board rule for that violation. The Agreed Order will also contain the terms of the discipline against the physician, including the mark of discipline (e.g., Warning, Reprimand, etc.) against the physician. If the physician accepts the proposed Agreed Order, this will result in permanent and public discipline against the physician.

The Formal Resolution Process

If the proposed Agreed Order is not accepted, settlement negotiations with the Board staff attorney may continue in order to discuss terms the licensee will agree to. If an agreement cannot be reached, Board staff can then file a formal complaint at the SOAH and proceed to a formal contested hearing.

A Contested Case Hearing at the State Office of Administrative Hearings

In this formal proceeding, the Texas Medical Board files a complaint, making the complaint public. This filing will list each allegation of wrongful conduct and is the basis for which the Texas Medical Board will attempt to persuade the ALJ, in a contested case hearing (i.e., trial) with the evidence it has accumulated, that the physician is in violation.

Because the physician is a party to this proceeding, he or she will assuredly be called as a witness to this proceeding. One must know that a physician who enters this phase of the proceedings will be afforded due process, but one must understand the process of this formal proceeding and not ignore it. If the Texas Medical Board is successful in persuading the ALJ, the ALJ will issue a decision called a Proposal for Decision with findings of fact and conclusions of law. If there are findings of violations found, the physician (with few exceptions) will receive discipline on their license from the Board.

Under the application of administrative law, the ALJ determines findings of fact and conclusions of law and may make a recommendation for discipline. However, if there are findings of fact that support a violation(s), the final power to enact discipline lies with the Texas Medical Board. There are, of course, continued remedies available to the physician if he or she, even after a final determination by the Texas Medical Board to appeal that decision in State District Court.

Mediations (also at the State Office of Administrative Hearings)

One possible avenue for resolution is mediation, which is also conducted by an ALJ at the State Office of Administrative Hearings. This proceeding allows for an impartial mediator (the ALJ) to understand each party’s position and work with each party during mediation to facilitate an acceptable resolution to both parties. The mediation process is confidential and cannot be used against the parties if the case fails to result in an acceptable resolution. In this case, the matter proceeds to a contested case hearing.

Temporary License Suspension Hearings

The Texas Medical Board has the power to conduct these proceedings where the central issue will be to determine, based on the alleged conduct, whether the physician’s ongoing practice will serve to harm the public interest. If the answer is in the affirmative, a physician loses his or her ability to practice medicine until final resolution at a contested case hearing at the State Office of Administrative Hearings.

Applicants Making Application With the Texas Medical Board Who Face Issues That Impair and Hinder Their Ability to Obtain a License

Applicants may face uncertainty when considering making an application with the Texas Medical Board as to whether circumstances they currently face or have in the past may impact and/or impair their ability to become a licensed physician in the State of Texas. There are numerous examples, such as educational background (e.g., foreign-based school), whether they are coming from another jurisdiction with disciplinary action in that jurisdiction, and whether they have had the loss of privileges at a facility in another jurisdiction, to name a few. The Phan Law Firm, P.C., is knowledgeable about these issues and can assist applicants as they weigh the possibility of whether issues they have will negatively impact their ability to become fully licensed in the State of Texas.

Texas Medical Board Defense Lawyer

The above is a brief overview of the disciplinary process for a physician faced with a Board complaint or an applicant seeking licensure to practice as a physician in the State of Texas. Both of these processes are well known to Mr. Phan. In private practice, Mr. Phan has defended physicians against Board complaints and disciplinary proceedings and has assisted physicians or applicants seeking licensure in the State of Texas. 

As one can see, the above 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.

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Received a formal Texas Board Complaint or Disciplinary Action?

Talk to us! With over 24 years of experience, and intimate working knowledge of the Texas Board of Nursing (BON)and the Texas State Board of Dental Examiners (TSBDE), we can help you!

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Reviews

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.

A.B.

Nurse
Dec 12, 2023

Completely Exonerated

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.

R.D.

Occupational Therapist
Dec 6, 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.

L.O.

Psychologist
Jun 10, 2023

Exceptional Attorney

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

B. A.

Dentist
Dec 15, 2022

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.

J.W.

Nurse
Dec 26, 2023

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!

N. M.

Nurse
Dec 12, 2022

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.

X. M.

Nurse
Dec 15, 2021

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.

G. T.

Dentist
Nov 12, 2022

Personable and Professional

I worked with the Phan Law firm for a period of four months while Mr. Phan represented me in a legal matter. Mr. Phan was very responsive and responded to my emails within 24 hours. He was both personable and professional and communicated with me regularly to keep me posted regarding the progress he was making. I highly recommend Mr. Phan and his team.

D. S.

Licensed Professional Counselor (LPC)
Dec 2, 2022

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.

C. R.

Nurse
Nov 14, 2021

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.

H. K.

Nurse
Jan 12, 2020

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.

 

J. P.

Nurse
Jan 10, 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.

R. D.

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.

The Do It All Twins

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.

T. C.

Nurse
Jan 2, 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!

D. N.

Nurse
Jan 3, 2019

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.

M.P.

Occupational Therapist
Jan 9, 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.

J.F.

Licensed Professional Counselor (LPC)
Dec 27, 2023

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.

S. D.

Nurse
Jan 9, 2022

Complete Dismissal!

Mr. Phan is a very knowledgeable attorney who assisted me in defending my professional licensure against an unfounded claim. Mr. Phan provided me with an ironclad response to the Licensure Board, which resulted in a complete dismissal of the claim. He is the best!

F.C.

Behavioral Analyst
Feb 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.

D.C.

Nurse
Mar 8, 2024

Meet Our Attorney

  • Phong Phan, Esq.
    Texas Board Defense, Professional License Defense, Administrative Law

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Texas Board Defense Lawyer

Former Texas Board of Nursing (BON) Assistant General Counsel, former Texas State Board of Dental Examiners (TSBDE) General Counsel, and former Texas State Prosecutor with an intimate understanding of the board complaint process, disciplinary proceedings, licensure issues, and SOAH contested case hearings.