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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.

Sources:

https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=T&app=9&p_dir=P&p_rloc=167505&p_tloc=&p_ploc=1&pg=45&p_tac=&ti=22&pt=9&ch=185&rl=10

http://www.tmb.state.tx.us/page/prescriptive-delegation

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

Texas professional license defense attorney, unprofessional conduct in dentistryUnprofessional conduct, also known as dishonorable conduct, is defined by the Texas State Board of Dental Examiners (TSBDE) as any behavior that may likely pose a threat or cause to the public or cause injury to a patient. Covering a wide range of actions and behaviors, this can lead to an investigation and disciplinary action from the Board. As such, it is critical that you understand this widely encompassing section of the Texas Administrative Code, as well as what actions may be taken against you if you are found to be in violation.

Unprofessional Conduct

At its core, unprofessional conduct is any action that can be seen as a violation of the Texas Administrative Code’s laws, rules, and regulations. This includes matters relating to your practice, but it can also extend to your personal life. If, for example, you are found guilty of a misdemeanor or felony for driving under the influence, fraud that is not connected to your practice, or an aggressive crime, you could be found in violation of the Texas Administrative Code.

Other behaviors and actions that may be considered a violation include (but are not limited to):

  • Deception or misrepresentation in obtaining/soliciting patients or in obtaining fees;
  • Fraud or misrepresentation or conspiracy in obtaining a license;
  • Improperly or illegally obtaining, possessing, using, prescribing, or dispensing controlled substances, including illicit drugs, habit-forming drugs or narcotics;
  • Addiction to or habitual, intemperate use of drugs or alcohol, including use of substances while providing dental services;
  • Assisting in or engaging in any unauthorized or unlawful dental practices;
  • Failure to ensure licensing and service compliance of any and all employees;
  • Performing dentistry when incapable of doing so safely (being physically or mentally ill to the point that it could be considered a safety hazard by the Board);
  • Being disciplined by a state Board outside of the state of Texas (either currently or previously);
  • Failure to comply with insurance, Medicaid, or other regulatory laws pertaining to billing and fees;
  • Delegating a task to an employee or other individual who is not properly trained or licensed; and
  • Engaging in any other conduct that has been established as a disgrace, dishonor, or degradation to the practice of dentistry, or the dental profession as a whole.

Possible Consequences

While the list of possible offenses and violations of the Texas Administrative Code are widely varied, there are only a few (but potentially devastating) consequences that you may face if found to be in violation by the Board. The Board may choose to take public action against you, limit your area of practice or enforce supervision of it, or limit your ability to accept or bill certain types of insurance. These actions may be in conjunction with, or independent of any other forms of disciplinary action, including license suspension, denial or revocation. You do, however, have rights afforded to you, including the right to a fair hearing and the right to legal representation.

Get the Legal Representation You Deserve

If you are facing a complaint or possible disciplinary action from the TSBDE, do not wait until the situation becomes dire before exercising your right to legal counsel. Contact Oscar San Miguel, Attorney at Law, and get the legal representation you deserve now. With more than 20 years of experience in the medical-legal arena, he can protect your rights and ensure you are treated fairly throughout the entire process. Call 512-228-7946 and schedule your free initial consultation with a skilled Texas professional license defense attorney today.

Sources:

http://www.tsbde.texas.gov/documents/laws-rules/2014%20DPA.pdf

https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=T&app=9&p_dir=N&p_rloc=168944&p_tloc=&p_ploc=1&pg=2&p_tac=&ti=22&pt=5&ch=108&rl=8

Texas professional license defense attorney, prescriptive delegationWhile physician assistants and advanced practice nurses can be granted authority to prescribe medications, the Texas Medical Board has several restrictions in place to ensure patient safety. In some cases, those restrictions may not even apply to the PA or APN directly, but violations could still impact their licensing status. As such, it is critical that these licensed professionals understand the rules and regulations regarding prescriptive delegation and authority.

Fulfilling Your Personal and Professional Obligations

To be considered for prescriptive authority, licensed PAs and APNs must first hold a full, active, and unrestricted license that is not currently under an order from the Board. In addition, authority can only be granted by an overseeing, delegating physician. The two-step process cannot be completed without their assistance, and it is not considered valid unless the authorization has been fully registered with the TMB. Failure to complete all steps before prescribing medications could lead to an investigation and disciplinary action for the licensed PA or APN.

In addition to fulfilling all registration requirements, all authorized PAs and APNs must hold their own DPS and DEA numbers to prescribe controlled substances, including all scheduled drugs and Dangerous Drugs. Additionally, when each prescription is written, it must contain the name of the delegating physician. Failure to comply can result in a termination of your license suspension, revocation, denial of renewal from the TMB, or a termination of your DPS or DEA number.

Is Your Delegating Physician Authorized?

In addition to imposing certain restrictions on which PAs and APNs are able to receive prescriptive authority, the TMB imposes certain criteria on the delegating physician. For example, the delegating physician must provide what is considered “adequate supervision,” and they are only allowed to supervise up to seven full-time equivalent PAs, and only for 50 clinical hours per PA, per week. Those who exceed that amount are considered in violation and could be subject to an investigation and disciplinary action from the TMB. The authorized PA may also face negative actions from the Board.

Under Investigation or Facing Disciplinary Action? Our Attorneys Can Help

Has a physician’s oversight led to an investigation on your license? Are you concerned that you could face disciplinary action? Backed by more than 20 years of experience in the medical-legal arena, Oscar San Miguel, Attorney at Law, is dedicated to protecting your license. Get the aggressive, comprehensive representation you deserve. Call 512-228-7946 and schedule your free initial consultation with a skilled Texas professional license defense attorney today.

Sources:

http://www.tmb.state.tx.us/page/supervision-and-prescriptive-delegation

http://www.tmb.state.tx.us/page/prescriptive-delegation

Texas professional license defense attorney, TSBDE grounds for investigations,Responsible for ensuring patient health and safety, the Texas State Board of Dental Examiners (TSBDE) oversees the licensing and disciplinary action of all dentists practicing within the state of Texas. This power obligates them to investigate complaints and concerns over which they have jurisdiction, and it gives them the power to take disciplinary action that may include (but is not limited to) supervision or monitoring of a practice, or even dental license suspension, revocation, or denial.

Ideally, these actions are taken against professionals who have acted negligently or in violation of the Health and Safety Code, but this is not always the case. Any dentist may become subject of a complaint, and that can ultimately lead to negative action, even if the practitioner has not done anything wrong. If you are a dentist in the state of Texas, know how to protect your dental license, understand when investigations or disciplinary action may be warranted, and know your rights under the law.

Solicitation of a Patient

If you knowingly offer to pay (by any means, including overt, covert, indirect, or direction means) for patients or patient lists, you could become subject to investigation from the TSBDE. If found guilty, you could face an investigation or possible disciplinary action from the Texas State Board of Dental Examiners, and you could be referred for criminal charges. The same applies if you offer to sell or agree to accept any form of payment (by any means, including overt, covert, direct, or indirect) for the names or information of potential patients. 

False, Misleading, Deceptive Advertising 

While advertising, in and of itself, is not prohibited, you are bound by certain rules and regulations. You may not publish any statements that could be misconstrued as false, misleading, or deceptive. In addition, all statements must be verifiable and you may not claim superiority of performance or service in your advertisements. 

Criminal Offense 

Even if a criminal offense is not directly related to your practice or services, it could launch an investigation and disciplinary action from the Board. This includes (but is not limited to) felony offenses, misdemeanor offenses, driving while under the influence, assault, and domestic violence charges. Be aware that, even if you are acquitted of your charges, there may still be consequences with the Board.

Unprofessional Conduct 

Meant to encompass a wide range of possible offenses, unprofessional conduct includes everything from making false or fraudulent claims to an insurance company to failing to provide proper disclosure when you refer a patient to a hospital or facility where you (or an immediate) has a financial interest.

 Infections, Outbreaks, and Other Failures in Sanitation and Safety 

If a patient files a complaint with the Board regarding a possible infection, outbreak, or other failure in sanitation or safety (incompetency, poor standard of care, etc.), you may become subject of an investigation if one is reported by a patient. Furthermore, action may be taken against you if the Board determines there are deviations or violations within your practice regarding safety or sanitation (including those involving your staff).

Excessive Fees or Care 

Dentists are prohibited from charging their patients and insurance companies excessive fees or for unnecessary procedures. Unfortunately, this means that a patient may file a complaint against you, even if your fees or the services fall within a range that would normally be considered reasonable. Even if no disciplinary action is taken against you in such circumstances, the process of the investigation can be bothersome and may distract you from your regular daily duties. 

Practicing Without a Valid Texas Dental License

If you hold a license in another state and are practicing within the state of Texas, have had your Texas dental license suspended or revoked, or your licensing status has lapsed, you may be subject to investigation and disciplinary action from the TSBDE. This can be especially problematic for those that may not have been aware of a lapse in their licensing status.

Facing an Investigation or Disciplinary Action from the TSBDE?

If you are facing an investigation or possible disciplinary action from the Texas State Board of Dental Examiners, do not wait until matters get out of hand before seeking help. Protect your practice and the status of your license now. Contact a skilled and experienced Texas professional license defense attorney who is dedicated to protecting your rights and best interest. Call 512-228-7946 and schedule your free initial consultation with Oscar San Miguel, Attorney at Law, today.

Source:

http://www.tsbde.texas.gov/documents/laws-rules/2014%20DPA.pdf

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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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