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You have just spent years of your life in the classroom and required to walk the corridors of the teaching hospitals of the development of skills and knowledge to a member of the Texas medical establishment are. In many cases you can still find the federal government or a local agency lending to remind you that every month is one of your hard earned salary nor to them in the form of a loan school (I know that feeling!). And you have taken and the board exams and now you arefull license doctor or dentist in the U.S. state of Texas. Now you are confronted with an accusation by an employer, patients or colleagues that may damage your reputation and even at the end of your new medical career threatening. For those who never had the appeal process, which is practiced by the Texas licensing boards and agencies have found the road seems pretty daunting. Nevertheless, expect to learn as much as possible about what moves as a complaint processForward and an experienced lawyer on your side through every step of the process, the defense of your professional standing to make a more manageable ordeal.

This article will target Texas doctors and the licensing appeals process from the moment that is an indictment of any complaints, findings and subsequent sentence to explain. Although there are similarities, the procedures for the Texas Medical Board, the Board of TexasNursing and the Texas State Board of Dental examiners, any details that are specific for one or more of these governing bodies will also be described.

Step I: Someone is very unhappy

Somewhere out there, a patient, staff, employers, pharmacists or anyone else has had professional contact with one believes that in a way that the act or practice of conduct expected someone in your position injured. Any complaint submitted to a Texas licenseBoard is taken very seriously and must be reviewed by the investigators. What licensed doctors, the most common complaints inappropriate prescription of a drug or treatment plan, unprofessional conduct or mental or physical impairment that makes it impossible to practice medicine.

The complaints filed against dentists are automatically issued a level of priority, represented by Priority One serious injury such as death of the patient, patient injury, without a license to practice,and unsanitary conditions and priorities, including two less serious threats, such as accounting records and advertising injury.

The Texas Nursing Practice Act, the leadership can not act for the appropriate practice of nurses and violations of the law are unnecessarily exposing a patient to injury, unprofessional conduct, insufficient supply and provide affected by addiction or mental illness.

The investigators, the licensee may determine the case be assigned to eitherno violation was found or reported during the conduct was inappropriate or not representative for the best possible customer service, the action that occurred not fall under the jurisdiction of the licensing boards. The plates are not investigating a hospital bed that less than warm and friendly. They are much too busy for that. Neither the Board of Nursing will examine administrative violation of a specific hospital policy, how such problems should be dealt with within the institutionthemselves. And if one of your patients are sitting in the waiting room for two hours before he was taken back to your office, had a right he can be on frustrated and angry, but he generally no need for a formal complaint or referral of the Texas Medical Board.

Step II: Someone is very unhappy, and you need to know

Once investigators determine that any actual and / or legal merit to the complaint, notify you in writing and thenthe role of "defendant". It is in your best interest to respond to a complaint against you quickly and thoroughly. Please note the exact dates that you in the letter of complaint, which normally respond within two weeks (or maybe 30 days) after receipt. You can not hide the fact hope stacking letter of complaint among the papers on the desk and the problem will disappear, as many do, and licensed. You can not disbelieve that someone such unfoundedCharge and you do not choose to acknowledge the letter with a response. You need as much information as possible about the complaint. Be prepared to patient records, eyewitnesses, medical research-any evidence that the justification for the decisions you make will lead. The investigator assigned the case to be completing their own research, subpoenaing records from hospitals and pharmacies. Know that under HIPAA, the Texas Medical Board and the otherLicensing boards have the right to see medical records without patient consent.

According to information collected by all parties, then the approval authority for Texas then make a decision to move forward with litigation to require more documentation, or to reject the appeal outright. In the case of the Texas Medical Board, this decision will be certified by two members of a group of experts to the board in the same field as the respondent. For dentists, the nextStep is determined by the Board Secretary. Nurses can expect that the Board of Nursing (or committee) will review the evidence on their complaints as a whole.

Step III: Welcome to Litigation

If the complaint is found to require legal or factual knowledge against you, your presence can then be free from an informal settlement conference. And if you're not already a resident of Austin or the surrounding areas, your luggage ready for a trip to our beloved country packCapital.

During this conference you will have the opportunity to bring your case before a panel of medical licensing members present. Lawyers are both welcomed and recommended to participate in the process, but recognize that the Board wants to hear directly from you. This is not a formal courtroom, is expected to be observed in the specific legal process or are, but an opportunity for the arguments are presented and questions.

In an overwhelming number ofTexas license cases is the appeal process is available to its conclusion. The Board will decide whether a violation has occurred, and proposes a settlement, as agreed, or Board policy, fines or other restitution to be made by the respondents are known. If both parties agree on the proposals and sign the document that will set the order before the full Board for approval and ratification. Recommendations in the order may, restriction or suspension of licenseadditional training or medical education, drug testing, a fine, a public apology, or a combination of these penalties.

Step IV: Here Comes the Administrative Law Judge

There are cases in which a solution can not be achieved through the informal settlement conference. In these situations, your case will be forwarded to the State Office of Administrative Sciences Hearings (SOAH). A formal and public declaration abandoned and the administrative law judge (ALJ) will be assigned to your case.Witnesses are called to testify, records set in evidence and legal arguments are made by representing both sides. Think of this process as an attempt to present but without a jury. After both sides have presented their case to the ALJ judge, he or she is a proposal for decision (PFD) to the appropriate board problem. The authority to determine appropriate sanctions, is now back with the board members to examine now the update on the orders of a judge of the Court and perhaps. Ratify The calculated penalties after a judicial PFD are similar to those you might expect from the informal settlement process.

Step V (option one) to do what they say

Assuming you have come into an agreement with the complainant, either through the informal settlement conference, or before an administrative law judge, now is the time to comply with the order that you provide your signature. As already mentioned, this could be the payment of fines, completion of someTraining, transfer your license for a period of time, participation in a drug or alcohol program or a host of other complaints. In most cases you will have a specific time frame in which are all associated penalties should be completed. Whatever may be the consequences, keep in mind that these contracts are part of your permanent public record and can be on the board on the website or the next quarterly newsletter announced.

Step V (option two): Do not do what theySay the appeal process

Maybe you've both gone through the informal settlement efforts and had negotiated a case before a judge ALJ and with still no decision that has been reached on the complaint against you agree. As with any legal matter, you have the right to appeal the order determined. An appeal from the findings of fact and conclusions of law or the proposal of the decision issued by Administrative Law Judge, may be filed with the Travis County DistrictCourt in Austin. Medical professionals can also lodged a complaint against the Board if they believe the sanctions determined by the Board inconsistent with the findings of the administrative law judge issued. Appeals can go all the way to the Texas Supreme Court is the case, depending on the specifics of the complaint, in rare cases, to find its way into the system of federal courts as well. Still, if you use this option, you expect your bags for another trip to packour state capital.

Conclusion

The reality is that if you are a doctor, nurse, dentist or other medical professional in the state of Texas, there's a good chance that you will be prompted to your reputation (and your license) at any point in your to defend career. There are about 6,000 complaints filed each year with the Texas Medical Board, and almost half of them opened for investigation. You do yourself a great service by knowing the complaint process fromBeginning to end, before a problem arises at all. This way you are trained and prepared to be at the center, which can be a very emotional experience to act. In addition to knowing what to expect once a complaint is filed against you, you should also make it a priority to experienced legal counsel with you every step of the way. You need a lawyer, what it means to appear before your professional licensing boards and in administrative law hearings participate means white. With the advantageown knowledge and expertise of the lawyer's share of yourself in the best position to create, maintain the professional reputation you have worked tirelessly.

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