Tag Archives: medical complaint

physician assistant license, Texas professional license defense lawyerPhysician assistants have a fairly broad scope to work within, as long as an overseeing physician is supervising them. But overstepping that scope can lead to serious consequences, including the suspension and revocation of your license. Learn how your scope of practice and licensing status are connected, and what you should do to protect your physician assistant license if you become the subject of an investigation by the Texas Medical Board. 

Physician Assistant Scope of Practice

As outlined in the Texas Administrative Code, physician assistants are permitted to provide medical care and assistance that falls within the boundaries of their training, education, and experience, as long as a physician oversees that care. These practices of care may include:

  • Diagnostic or therapeutic procedures (ordering and/or performing);
  • Developing and implementing a treatment plan for patients;
  • Surgery assistance;
  • Formulating a diagnosis for patients;
  • Obtaining patient histories;
  • Performing physical examinations;
  • Referring patients to appropriate care providers;
  • Prescribing or ordering medications (as permitted under the Medical Practice Act, Chapter 157);
  • Signing for, requesting, or receiving pharmaceutical sample medications;
  • Distributing sample medications to patients (as permitted under the Medical Practice Act, Chapter 157); and
  • Monitoring patients to determine the effectiveness of therapeutic interventions.

Consequences of Working Outside Your Scope of Practice 

While you do have a fair amount of scope in your practice, a physician must oversee the work you do. If you are within the first three years of practice, you must also have a monthly face-to-face meeting with your delegating physician to maintain prescriptive authority. Failure to comply with either requirement or performing a task that you has not been educated or trained to perform can have serious consequences. You could face an investigation from the Texas Medical Board. If evidence of an infraction is found, you could face temporary suspension or revocation of your license. Alternatively, you could become subject to other forms of disciplinary action, such as probation or public reprimand.

If you have recently become the subject of an investigation by the Texas Medical Board, it is critical that you take action now to protect the status of your license. Oscar San Miguel, Attorney at Law, has more than 20 years of experience in the medical legal arena. Skilled and aggressive, our Texas physician assistant license defense lawyer can help defend your license and assist you through the investigation process. Contact us at 512-228-7946 to schedule your confidential consultation today.


Texas professional license defense attorney, Texas licensing agenciesIf you receive notice that complaint has been filed against you through the Texas Medical Board, the Texas Board of Nursing, the Texas State Board of Dental Examiners, or some other licensing agency, it is essential that you take the matter seriously—never underestimate the importance of a complaint filed against you.

Consulting and hiring a Texas professional license defense attorney to help navigate the situation before it has the chance to spiral out of control is essential. Also, notify your insurance carrier to ensure you have sufficient coverage to handle board complaints (you very well may not). Additionally, notify your superiors or risk manager, if applicable. Do not discuss the complaint with the person who filed it unless your attorney instructs you to do so.

Be Mindful of Timelines

When a complaint is registered with a licensing agency, the agency will notify you and provide you with a timeline in which to respond. For example, the Texas Medical Board must make an initial determination within 45 days of a filed compliant; this typically gives you about 28 days to provide an initial response. Take this very seriously and do not miss your deadlines. Moreover, make sure that your staff is aware of the complaint and stress the importance of receiving any communications from the Board in a timely manner.

Provide All Required Information

Initially, you will likely only need to provide billing and medical records, along with a narrative response. If, however, a complaint is not dismissed within the first 45 days, you will enter into the investigation stage. 

Be prepared to provide additional information, which will be reviewed by another professional within your specialty. If you reach this stage and have not yet acquired the help of a licensing defense attorney, do so immediately.

Prepare for Further Investigation

Each licensing board has its own rules on how to handle complaints if they believe you have acted within violation of their rules and regulations. The Texas Medical Board, for example, handles matters through an informal settlement conference. 

You will have the opportunity to submit any further evidence, including a report from a retained professional defending your care. The entire process takes a great deal of preparation and should therefore be overseen by a skilled attorney.

Possible Outcomes

Possible outcomes can range anywhere from complete dismissal of a complaint to the revocation of one’s license. However, many cases that make it to the investigation phase provide a resolution opportunity through non-disciplinary remedial plans. This may include paying fines, attending continuing education classes, or undergoing external monitoring for a pre-determined amount of time. You may agree to the resolution or you can request an appeal. If you choose the resolution, it will be sent to the Board for full approval. If you choose to appeal the decision, it will go to the State Office of Administrative Hearings or the district court.

Hiring a License Defense Attorney

Employing the aid of a licensing defense attorney, as soon as possible, is crucial. Although doing so does not guarantee a dismissal, a qualified attorney can help to navigate the entire process, from the notification of a complaint to the State District Court, if necessary. 

Oscar San Miguel, Attorney at Law, has handled hundreds of Professional Board cases, including complaints, investigations, and temporary suspensions. With more than 20 years of medical-legal experience, you can trust that he will handle your case with the skill and professionalism it deserves. To consult with a skilled Texas professional license defense attorney, call 512-228-7946 today. 



Austin, Texas Professional License Defense Attorney Oscar San Miguel represents clients who are located in Austin, Houston, Dallas, San Antonio, El Paso, Fort Worth, Arlington, Amarillo, Lubbock, Brownsville, Laredo, Harlingen, McAllen, Round Rock, Longview, Travis County, Harris County, Dallas County, Tarrant County, Bexar County, Fort Bend County, Montgomery County, Cameron County, Nueces County, El Paso County, Potter County, Lubbock County, Grayson County, Collin County and throughout Texas.
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