Darrin Dest, Attorney

Darrin graduated from Texas A&M University in 2004 with a BA in English Rhetoric and a minor in Russian. Thereafter Darrin attended the Florida State College of Law, where he graduated cum laude in May of 2008. While in law school, Darrin focused his studies on the area of administrative law and also gained valuable experience law clerking at several state agencies, including the Florida Department of Environmental Protection, the Florida Division of Administrative Hearings, and the Florida Department of Business and Professional Regulation.

After graduating from Law School in 2008, Darrin moved back to Texas and spent two years working at the Texas Medical Board as a staff attorney, where he gained extensive experience dealing with professional licensing matters regarding Texas physicians, including participating as Board staff in nearly 300 Informal Settlement Conferences and State Office of Administrative Hearings (SOAH) Mediations. Darrin’s time at the Medical Board also gave him unique perspective on the administrative process, both specific to the Medical Board and to Texas administrative law in general.

Darrin joined the Leichter Law Firm as an associate attorney in January of 2011, and has since put his administrative law experience to use in the defense of professional licensees before the Texas Medical Board, Texas Board of Nursing, and other healthcare and professional licensing agencies. This has included guiding clients through the licensure processes of their respective Boards, litigation of professional license complaints, hospital credentialing and peer review, and other state and Federal regulatory matters.

Education

Florida State University College of Law, 2008

• Doctor of Jurisprudence
• Graduated cum laude
• Inducted as Member of Phi Delta Phi, International Legal Honor Society

Texas A&M University, 2004

• Bachelor of Arts in English
• Minored in Russian
  
  

Professional Licenses

• Attorney at Law, Texas, 2008
  
  

Professional Affiliations

• State Bar of Texas- Administrative and Public Law Section
  
  

Practice Areas

• Administrative Law
• Professional License Defense
• SOAH
• Health Law
  
  

Representative Cases

KB v. BON – Client was applying for licensure as a Registered Nurse in Texas and had formerly worked as a teacher. In the application process, Client had to disclose to the Board that she surrendered her teaching certificate based on allegations of an inappropriate relationship with a student, and a failure to report an improper relationship between a student and another teacher. Client was scheduled for an appearance before the Eligibility and Disciplinary Committee of the Board to determine her eligibility for licensure. The Firm’s attorney obtained a favorable forensic psychological evaluation of Client, put together a package of supportive materials, and prepared Client to make a candid statement to the committee, who ultimately found her eligible for licensure with no restrictions.

JB v. TMB – Client was the primary radiologist and owner of a diagnostic radiology center. The company was charged by the Department of Justice (DOJ) with submitting false claims and making false statements in connection with claims submitted under the Medicare Program. Client signed a settlement agreement with the DOJ, the terms of which required payment of hundreds of thousands of dollars in restitution and exclusion from Federal healthcare programs for six years. The Board brought action against Client based on his alleged unprofessional conduct as demonstrated by his alleged conduct and his agreement to the settlement offer. The Firm’s attorney represented Client through the Informal Settlement Conference process and was able to present mitigating circumstances and evidence of Client’s successful efforts to remediate his past behavior. The Board agreed to resolve this matter with a Reprimand, continuing medical education, and passing of the Texas Medical Jurisprudence Examination. His license was not restricted.

AA v. TMB – Client had agreed to supervise a Physician Assistant in the PA’s own private practice. While Client was his supervisory physician, the PA ordered supplies under Client’s DEA without her knowledge and performed medical procedures off-site and without Client’s knowledge. The Board alleged inadequate supervision and proposed to restrict Client from supervising any midlevel providers. The Firm’s attorney attended an Informal Settlement Conference (ISC) with Client and was able to convince the Panel to offer an Agreed Order allowing Client to continue to supervise midlevels in her position at the hospital and only restrict outside supervision.

AK v. Texas Medical Board – Client was disciplined in another state for a standard of care issue, and subsequently surrendered his license in another state pursuant to the same instance of discipline. The Texas Medical Board was notified of the discipline and alleged that Client had failed to properly report it to Texas, and that Client was subject to reciprocal discipline in Texas for his violations out of state. At the ISC, the Firm’s attorney was able to provide mitigating circumstances regarding his perceived failure to report the discipline to Texas, and was able to convince the ISC Panel that Client’s out-of-state care did not constitute a violation of the standard of care, and therefore did not subject him to additional discipline in Texas. The Board Panel agreed to settle the case with a non-disciplinary Remedial Plan.

TK v. Board of Nursing – The Board alleged that Client had falsified numerous patient files, including erroneous documentation of medication administration, false nursing notes, and inaccurate recording of the time tasks were completed. The Board’s allegations were based solely on a report generated by a nurse locator device, which conflicted widely with the medical record created by client. We attended an Informal Settlement Conference with the Board and were able to provide evidence that the nurse locator devices were not reliable, and that Client’s nursing notes were more credible. The Board decided to close the investigation without prejudice.

AG v. Texas Medical Board – Sleep medicine expert, Client was accused of failing to adequately supervise his nurse practitioner in the care of a sleep patient, who experienced potentially dangerous side-effects as a result of switching medications. An effective presentation of evidence at the Informal Settlement Conference led the Panel to find that Client’s care met the standard of care, and that his supervision of his delegate was adequate. The case was dismissed.

DS v. Texas Medical Board — Aesthetician client was noticed of a Cease and Desist hearing by the Texas Medical Board for her use of an electrical device to remove skin growths and dark spots. The Firm’s attorney was able to establish that Client’s use of the device was within the scope of practice of an Aesthetician, and that Client’s use of the device did not constitute the practice of medicine.

SG v. Texas Board of Examiners of Professional Counselors – Client was sent a Notice of Violation proposing the revocation of her LPC license based on an allegation that she had an improper relationship with a client. The Firm’s attorney represented Client through the informal meeting process and was able to present evidence in mitigation of the alleged facts, resulting in a complete dismissal of the case.

AA v. Texas Department of Licensing and Regulation – Client was a licensed Auctioneer in the State of Texas. Client’s Auctioneer license had been revoked in another jurisdiction for permitting an unlicensed individual to call bids at an auction. It was also alleged that Client’s mailed advertisements did not comport with state rules. Texas proposed to revoke Client’s license as a result. The matter was filed at the State Office of Administrative Hearings. The Firm’s attorneys were able to settle the case for a three-month active suspension of Client’s license, followed by a six-month probation of his license, and a $5000 fine.

BB v. BON – It was alleged that Client violated nursing practice standards when she failed to assess a patient and intervene appropriately when the patient was experiencing an active bleed upon discharge from the hospital. The Firm’s attorney obtained the Board’s investigation file, including all relevant medical records and took time to go through them with the Client. The Firm’s attorney then drafted a comprehensive response letter, answering each allegation with specific reference to the medical record, and arguing that Client had appropriately assessed the patient and that he was indeed was discharged in a stable condition. The Board agreed to dismiss the case without prejudice.