FAQS & HELPFUL INFORMATION
Frequently Asked Questions
The professional license defense process can be complicated and confusing for the uninitiated, and if you are facing the potential loss of your license and your job, you may have a number of questions you need answered. At the Leichter Law Firm PC, our Texas medical license defense attorneys understand how important the outcome of your case is to you. That is why we have provided some of the questions we are most frequently asked. We hope this helps you. Please check back regularly, as this list will be updated frequently.
If you are facing the license review process, we may be able to help. Our Texas professional license defense attorneys have a wealth of experience helping people in your position. To discuss your needs with us in more detail, please contact us today by calling 512.495.9995.
This is a complicated matter and is at the heart of a great many licensure disputes and disciplinary actions brought against licensees. Generally, sex offenders have the hardest time getting licensed, as do individuals who have a fiduciary crime or a crime that involves moral turpitude on their record. The burden is not necessarily insurmountable, but it is a process that is best handled by an attorney with experience in this area. Many agencies will issue probationary, provisional, or restrictive licenses after an initial hearing on the applicant’s current moral character and fitness. It is wise to have counsel to help you prepare your application and advocate for you throughout this process through the gathering of mitigating and rehabilitative evidence.
To learn more about what we may be able to do to help you overcome your criminal record, please contact the Leichter Law Firm’s dedicated Texas medical license defense lawyers by calling 512-495-9995.
Call an attorney immediately. Furthermore, if the Board contacts you again tell them you are in the process of hiring an attorney and the attorney will be contacting them soon. Investigators are trained professionals who are experts in soliciting information through inquiry into seemingly irrelevant matters. The existence of an attorney client relationship will terminate any further direct communication between you and the agency.
If you are under investigation and would like to discuss your situation with an experienced Texas professional license defense lawyer to learn what you can do to protect your license, contact the Leichter Law Firm today by calling 512-495-9995.
You are not required to have legal counsel with you but it is in your best interest. Moreover, you will be prosecuted by an attorney and another attorney will most likely be counseling and advising the agency. Based on this fact alone there will be two (2) attorneys on the other side representing the board or agency and if you are not adequately represented you are at a serious disadvantage. Furthermore, the statutes and the rules are complex, so even if you have not committed misconduct or have mitigating evidence to offer, proving it up pursuant to statute or agency rule requires legal ability and experience which may lie beyond your ability.
If you are interested in securing the representation of an experienced Texas professional license attorney, please contact the Leichter Law Firm today by calling 512-495-9995.
Contact an attorney immediately to represent you on the criminal case and explain to the lawyer the concerns you have regarding your license. It would also be advisable to have your criminal lawyer contact someone who is familiar with the licensing statutes and the attitude the licensing agency has towards DWI and chemical dependency. In some cases an initial proactive approach can overcome an agency’s presumption that an arrest or conviction for DWI means that you are chemically dependent and need to be in a monitoring program or on a disciplinary order.
To talk to a Texas professional license attorney about how your DWI charge may affect your professional license, please contact the Leichter Law Firm by calling 512-495-9995.
You are not required to obtain a lawyer but it is a prudent idea to retain one. Once you have secured the services of a legal representative, the board or agency is prohibited from communicating with you directly without the approval of you and your counsel. Furthermore, an attorney can speak with the agency’s investigators and determine what the allegations are and what if any preparations need to be done to prepare a defense.
If you have been charged with misconduct and are potentially facing the loss of your professional license, the Texas medical license defense attorneys of the Leichter Law Firm may be able to help. Please contact us today by calling 512-495-9995.
Chapter 53 of the Texas Occupations Code governs this area. However, some agencies are not under the auspices of Chapter 53 and have their own statutes and rules regarding criminal convictions and licensee misconduct. For example, physicians, dentists and pharmacists operate under rules particular to their field. Moreover, some agencies are stricter than others regarding the same offense even though they may be bound by the same law. It is best to speak with an attorney regarding your particular situation as the facts and circumstances surrounding the arrest and conviction can alter a Board’s position. In some cases, a conviction for certain offenses requires a mandatory suspension or revocation unless a showing can be made that the continued issuance of the license would be in the best interest of the public and the licensee. In these instances it is prudent to have an attorney to advocate for you and put forth the evidence that is statutorily required for continued licensure.
To talk to an experienced Texas medical license defense attorney, please contact the Leichter Law Firm today by calling 512-495-9995.
The potential for the filing of criminal charges by state or federal authorities, the filing of misconduct charges by your licensing agency, an attempt by the DEA to revoke your controlled substances prescribing privileges, and the loss of your ability to seek reimbursement from Medicare and Medicaid are all possibilities. You need representation immediately to intervene on your behalf and help you wade through the process. Whether you deny the allegations or want help and to get into recovery, this is not a situation you should handle by yourself. Moreover, once you are represented, the authorities are prohibited from talking to you unless you knowingly waive your right to have counsel present.
To discuss your case with the Leichter Law Firm, contact our Texas medical license defense lawyers today by calling 512-495-9995.
Different providers view a variety of disciplinary actions differently. Knowing the provider and the findings contained in the disciplinary record are crucial. The facts and circumstances surrounding the misconduct can also weigh heavily. Successful appeals, reapplications and continued participation are certainly achievable through forceful advocacy and the proper assertion and use of mitigation evidence. These appeals and notices are best handled by an experienced attorney, as the recent imposition of a disciplinary sanction puts the appellant at a distinct disadvantage when representing him or herself.
To discuss your particular needs with us in more detail, please contact the Texas medical license attorneys of the Leichter Law Firm by calling 512-495-9995.
You can negotiate the terms of the order or reject it, in which case it is likely that the agency will file formal charges against you through the State Office of Administrative Hearings (SOAH). If you are unwilling to accept the offer, then representation is probably a wise idea. Successful negotiation requires an understanding of the agency’s case. This is best handled by competent legal counsel. Furthermore, to successfully combat the agency in a formal administrative proceeding requires technical knowledge of the SOAH rules, the Administrative Procedures Act, and evidentiary rules and procedure. This is best handled by an attorney experienced in litigation, negotiation, and administrative procedure.
To learn more about how a Texas medical license defense attorney may be able to help you, contact the Leichter Law Firm today by calling 512-495-9995.
At this juncture the only thing that stands in the way of your license being revoked or suspended is a good showing during the formal administrative proceeding. The best way to accomplish this is through the polished presentation of your case by an attorney. A formal administrative proceeding is a complicated affair. Representing yourself through this process puts you and your license at an unfair disadvantage. Remember, the agency has a team of lawyers working and preparing its case against you. Going through this process unrepresented puts you at a serious disadvantage.
To discuss your needs with one of our experienced Texas license defense lawyers, please contact the Leichter Law Firm today by calling 512-495-9995.
Hire a lawyer. When the agency or Board is aware that they will have a fight on their hands, their position towards the disciplinary process is altered. In serious cases they will proceed anyway, but often the reality of a long fight tends to aid in negotiations or settlements. In any event, our licenses are our livelihood and to give up our privileges without the fair assertion of our rights is tantamount to quitting. Finally, it is the agency’s burden to prove you are not fit to practice in order to revoke your license; it is the applicant’s job to prove he or she is fit upon reapplication. A good strategy would be to keep the burden on the agency while gathering defensive, mitigation and rehabilitative evidence.
To discuss your needs with one of our experienced Texas medical license defense attorneys, please contact us today by calling 512-495-9995.
The Texas Medical Board’s newly-adopted Remedial Plan is defined as a non-disciplinary order. A non-disciplinary order cannot assess administrative penalties or revoke, suspend, or restrict licenses. Most often, Remedial Plans will include continuing education orders, a required Jurisprudence Exam, and a fee. Remedial Plans are typically offered as a resolution for minor offenses and cannot be issued in instances where the complaint concerns a patient’s death, a felony, or an inappropriate sexual, financial or personal relationship with a patient.
These plans should be considered if it is clear that the physician was in the wrong and Board action is assured. However, though these Remedial Plans are “non-disciplinary,” they are still public orders and thus will remain in a public profile permanently and may affect future relationships with insurance companies, employers, and credentialing boards. It is highly recommended that one consult with an experienced professional license attorney when faced with a Remedial Plan.
Confidential Rehabilitation Orders, also known as Private Orders, are issued by the Texas Medical Board to physicians suspected of suffering from drug, alcohol, or mental health-related problems or disorders. Confidential Rehabilitation Orders are used in lieu of disciplinary action. The purpose of these orders is to encourage those with medical licenses to self report these issues and seek early treatment rather than continue to practice under suboptimal conditions.
The Board may consider issuing a Private Order when:
- The licensee or applicant suffers from an addiction caused by medical treatment
- The licensee or applicant self reports intemperate use of drugs or alcohol and has not been the subject of a previous Board order related to substance abuse
- A court has determined that the licensee or applicant is of an unsound mind
- The licensee has a physical or mental impairment as determined by an examination
- A licensee or applicant admits to suffering from an illness or a physical or mental condition that limits or prevents the person’s practice of medicine with reasonable skill and safety
Physicians looking to self report are encouraged to provide evidence to support the Private Order such as proof of rehabilitative potential, a clinical diagnosis, steps taken to prevent future harm to patients or the public, and a treatment program proposal.
An Agreed Order is a legal settlement issued by the state Board of Nursing that resolves all outstanding allegations against a nurse. In exchange, a set of requirements or other disciplinary actions are imposed on the nurse. Agreed Orders may include provisions for voluntarily surrendering one’s nursing license, submitting to years of random drug testing, restrictions on when and where a nurse can work, supervision requirements, fines, and mandatory continuing education courses.
Nurses should never sign an Agreed or Voluntary Surrender Order without seeking experienced legal council as many of these orders are not legally justifiable or backed up by sufficient evidence. Though it is possible to petition the Nursing Board’s Eligibility and Disciplinary Committee to modify the order, it is extremely difficult to back out of the requirements of an Agreed Order once it is signed.
This is a hot topic which seems to vary from case to case. Generally, only self reports are eligible to receive a confidential order although the Medical Board’s rules do not require this –their policy does. Sometimes a strong good faith showing for not reporting initially can yield a private order while a self report coupled with a bad presentation will result in a public disciplinary order. Experience shows that these decisions are fact and presentation driven and your best chance at receiving a confidential rehabilitation order is with the representation and guidance of an experienced attorney who is familiar with the subject matter.
To discuss your particular needs with one of our experienced Texas medical license lawyers, please contact us today by calling 512-495-9995.
As a professional facing the potential revocation of your license, you probably have a number of questions about the disciplinary process, the penalties you may face, and the appeals process. At the Leichter Law Firm PC, our experienced Texas professional license defense attorneys understand how emotionally difficult the process can be. That is why we have provided the following articles, which we hope will inform you more about this complex form of law.
- Breach of Confidentiality & Duty to Warn
- Legal Malpractice Defense
- Licensing and Alcohol Abuse
- Mental Illness and Medical Licenses
- Negligence and Your License
- Prescription Drug Trafficking
- Removal of an Acupuncturist’s License
- State Office of Administrative Hearings
- The Importance of Having Legal Representation during the Review Process
- Understanding HIPAA Privacy Violation Penalties
- What Is HIPAA?
- Why You Should Hire an Attorney
If you are facing the revocation of your license, our Texas medical license attorneys may be able to help you. To discuss your particular needs and concerns with us in more detail and learn more about what we may be able to do for you, please contact us today by calling 512.495.9995.