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Category Archives: Disciplinary Action

Texas physician assistant license defense attorneysPhysician assistants have helped relieve some of the stress in the healthcare industry, but as more and more PAs make their way in, regulations become stricter to ensure patient safety. This means more oversight from the Texas Medical Board and the Texas Physician Assistant Board. Understanding these regulations, the disciplinary process that may ensue when violations occur, and the role that the TMB plays in that process, is critical to keeping your license in good standing.

Complaints and Their Risk to Your License

A complaint can be made by anyone – an overseeing physician, a fellow co-worker, a patient, a disgruntled employee, competitors, an ex-spouse, law enforcement, etc. – and they are often made confidentially. In other words, you will never really know what prompted a complaint, and you do not have to be in the wrong to receive one. However, even unfounded complaints can take over your day-to-day life and put your license at risk. As such, you need to know how to handle a complaint effectively, swiftly, and proactively. You should also treat every complaint – founded or not – seriously.

Texas Medical Board Investigation Process for Physician Assistants

Typically, a physician assistant learns of a complaint through a letter, letting them know that there may be a violation to the Health Code or the Physician Assistant Health Act. This letter also notifies the PA that an investigation will be started. You have 14 days to respond to this letter. Make no mistake, failure to respond in a timely manner can have serious consequences, as could failing to do so in a professional, well-thought out manner. As soon as you receive notification, it is important that you contact a physician assistant license defense attorney.

Once you have contacted your attorney, swift action can be taken to ensure the deadline is met, and that your response is carefully crafted to ensure you do not say more than you have to. Furthermore, your attorney can work directly with the investigator, field phone calls, and ensure all aspects of your case are handled professionally, diligently, and with careful consideration.

With any luck, this will end the complaint process. However, if there is any information that can be seen as evidence against you, the Board can move forward with the disciplinary process and could potentially suspend, revoke, or deny your license. If this happens, it is critical to have an attorney by your side.

Oscar San Miguel, Attorney at Law, has more than 20 years of experience in the medical-legal arena. Skilled and diligent, he offers the high-quality, professional representation you deserve. So, if you are facing an investigation from the Texas Medical Board, contact our Texas physician assistant license defense attorneys today. Call 512-228-7946 and schedule a free initial consultation.

 

Sources:

https://texreg.sos.state.tx.us/public/readtac%24ext.TacPage?sl=T&app=9&p_dir=N&p_rloc=112002&p_tloc=&p_ploc=1&pg=12&p_tac=&ti=22&pt=9&ch=185&rl=10

https://texreg.sos.state.tx.us/public/readtac%24ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=22&pt=9&ch=185&rl=10

Texas professional license defense attorney, criminal actions, your professional licenseOftentimes, licensed practitioners mistakenly believe that they are “innocent until proven guilty” and, as a result, they fail to take action to protect their professional license. That may hold some truth in a criminal court, but it does not necessarily ring true with the Texas Medical Board, Texas Board of Nursing, or other state licensing board. The recent medical license suspension of a Texas-based orthopedist serves as proof.

License Suspended Prior to Criminal Hearing

After being arrested on a domestic disturbance charge, the physician had his license suspended by the Texas Medical Board. The reason? He was deemed a “continuing threat to the public welfare,” despite the fact that his criminal charges are pending. In effect, the Board has already labeled him as “guilty.”

Release from Criminal Charges May Not Reinstate License

Even though the Board has stated that they are awaiting the outcome of his criminal case, the truth of the matter is that this physician may not have his license reinstated, even if he is released from all criminal charges, or has the charges reduced to a lesser offense. This is because, as far as the Board is concerned, the acts of domestic violence and other criminal charges are considered an act of moral turpitude by state licensing boards. Additionally, because they do not have the criminal standard or need for proof, beyond a reasonable doubt, state licensing boards can hand out a sanction, despite the outcome of a criminal case.

Licensing Suspension and Criminal Charges

The standard sanction for a criminal offense is a 90-day suspension of medical practice. This can be extended, however, if there are aggravating factors (i.e. violent offenses, previous offenses, etc.). And, once a suspension has been ordered, it can be extremely difficult to dispute it. For this reason, it is critical that all licensed professionals take criminal charges, and their likely effects on a professional license, seriously. Do not wait until matters get out of hand. Contact a skilled attorney immediately.

Criminal Charges Putting Your Professional License at Risk? Our Attorneys Can Help

If you have recently been arrested on criminal charges and fear your professional license may be at risk, Oscar San Miguel, Attorney at Law, can help. Backed by more than 20 years of medical-legal experience, he will work ensure your rights are protected during the investigation process and fight aggressively to protect your license. Get the legal representation you need and deserve. Call 512-228-7946 and schedule your free initial consultation with a skilled Texas professional license defense attorney today.

Source:

http://www.yourhoustonnews.com/cleveland/news/texas-medical-board-suspends-cleveland-doctor-s-license/article_68aaa744-8ff6-5dac-9d59-671ec574ba8f.html

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