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Medical License Defense

Houston Medical License Defense Attorney & Professional License Defense

As a professional license holder, you have invested heavily in your career. Do not let a single complaint threaten that investment.

Texas regulatory boards receive complaints from patients or family members, insurers, employers, and coworkers, and once one is filed, the process moves on its own timeline whether you are ready for it or not. The good news: a complaint is not a conviction and a notice of a formal investigation is not a final decision. It is the start of a process with real opportunities to respond, explain, and be heard.

Our attorneys represent physicians, nurses, physician assistants, and other licensed professionals before the Texas Medical Board, the Texas Board of Nursing, and other Texas regulatory boards. We can help you understand exactly where you stand in that process, and what to do next.

Helping Professionals Like You Protect Their Licenses and Livelihoods Since 1987

Our Houston professional license defense lawyers defend administrative investigations by these licensing boards and agencies:

  • Texas Medical Board (TMB): physicians (MD/DO), physician assistants (PAs), acupuncturists, medical radiologic technologists, respiratory care practitioners, medical physicists, perfusionists, and surgical assistants
  • Texas Board of Nursing (TBON): Registered Nurses (RNs), Licensed Vocational Nurses (LVNs), and Advanced Practice Registered Nurses (APRNs)
  • Texas Behavioral Health Executive Council (BHEC)
    • Texas State Board of Examiners of Psychologists (Psychologists, LPAs, LSSPs)
    • Texas State Board of Examiners of Professional Counselors (LPCs)
    • Texas State Board of Examiners of Marriage and Family Therapists (LMFTs)
    • Texas State Board of Social Worker Examiners (LCSWs, LMSWs, LBSWs)
  • Texas State Board of Pharmacy (TSBP): pharmacists, pharmacy technicians, and active pharmacy facilities
  • Texas Optometry Board: optometrists and therapeutic optometrists
  • Texas State Board of Dental Examiners (TSBDE): dentists, dental hygienists, dental assistants, and dental laboratories
  • Texas Board of Veterinary Medical Examiners (TBVME): Doctors of Veterinary Medicine (DVM), Licensed Veterinary Technicians (LVT), and Licensed Equine Dental Providers (EDP)
  • Texas Board of Chiropractic Examiners: chiropractors and chiropractic radiological technologists
  • Texas Health and Human Services Commission (HHSC): Certified Nurse Aides (CNAs) and Medication Aides, Nursing Facility Administrators (NFAs), Licensed Chemical Dependency Counselors (LCDCs), and Licensed Sex Offender Treatment Providers (LSOTPs)
  • Texas Department of Licensing and Regulation (TLDR): massage therapists, athletic trainers, podiatrists, speech-language pathologists, and audiologists
  • Texas Department of Insurance (TDI): General Lines Agents, Insurance Adjusters, Specialty and Limited Lines Agents, Escrow Officers, Risk Managers, and Surplus Lines Practitioners
  • The Executive Council of Physical Therapy and Occupational Therapy Examiners (ECPTOTE): physical therapists (PT/PTA) and occupational therapists (OT/OTA) 
  • Texas Department of State Health Services (DSHS): Emergency Care Attendants (ECA), EMT-Basic, Advanced EMT, EMT-Paramedics, and Licensed Paramedics

To schedule a consultation with our team, contact us online or via phone at (713) 783-3110.

On This Page

Common Medical and Professional License Matters We Handle in Texas

Across the Texas Medical Board, Board of Nursing, and other licensing bodies, the complaints and investigations we handle tend to fall into a recurring set of categories, regardless of which specific board is involved.

  • Clinical and Practice Competency Issues Most complaints in this category involve an allegation that a professional fell short of accepted practice standards, whether through a clinical error, incomplete or altered patient records, or inadequate supervision of a resident, physician assistant, or unlicensed staff member. 
  • Behavioral Health, Substance Use, and Impairment Alcohol or substance use that affects a professional's fitness to practice is one of the most common triggers for board involvement. Texas boards generally offer a path other than public discipline for these cases, through peer assistance and monitoring programs built for exactly this situation. This category also covers boundary violations, meaning inappropriate personal or sexual conduct involving a patient or client, which boards treat as a serious, independent concern.
  • Prescribing and Financial Irregularities This includes prescribing controlled substances without a valid clinical basis or an established patient relationship, which the state tracks closely through its prescription monitoring system, as well as billing fraud, charging for services never rendered, and improper referral arrangements or kickbacks.
  • Administrative and Compliance Violations The most common issue in this category is failing to report a criminal charge, conviction, or an out-of-state disciplinary action when a board's rules require it. Because this is treated as its own violation, separate from whatever the underlying issue was, we cover it in detail below under self-reporting.
  • Peer Review Proceedings A hospital or medical staff peer review can trigger board involvement on its own, particularly when it results in restricted privileges, a suspension of more than 14 days, or a physician's surrender of privileges. Because hospitals and medical staff frequently report peer review findings to the Texas Medical Board directly, a peer review proceeding deserves the same seriousness as a board complaint from the outset. Read more in our overview of peer review proceedings and the Texas Medical Board.
  • HIPAA Violation Allegations An alleged HIPAA violation can affect both a facility and the individual providers connected to it. We help clients confirm their practice is compliant going forward, and we defend against allegations or work to limit the impact where a violation genuinely occurred.

I Received a Letter of Complaint From the Texas Medical Board (TMB), What Should I Do?

Doctors, physician assistants, and other licensees can come to the attention of the TMB in various ways. The TMB may send you a letter notifying you that your license is under investigation if:

  • A patient files a complaint against you after receiving your care;
  • A peer files a peer review proceeding against you because they question your professional credentials or care standards;
  • A medical malpractice settlement or judgment names you as a person of interest;
  • Another doctor reports you to the TMB.

Once you receive notice that the TMB has opened an investigation, immediately retain legal counsel to help prepare your response. Hiring an attorney is not an admission of guilt; rather you are engaging a professional to help you navigate the administrative process while you focus your time and attention on your patients.

For more on why patients file complaints in the first place, and exactly how many days you have to respond, see our guide to responding to a Texas Medical Board complaint on time. 

The Texas Medical Board Investigation Process

The TMB takes several measures when investigating a complaint and deciding whether to revoke an individual's license:

  1. TMB staff investigates. TMB staff conduct an initial analysis to determine if a complaint is against someone the TMB licenses. If so, TMB staff launch a preliminary evaluation to determine whether there is evidence to support the allegations and if the allegations would constitute a violation of the Medical Practice Act. During this stage, the TMB may request information from the complainant and the licensee in question. If a violation may have occurred, TMB investigators often refer the case to the Litigation Department for an informal settlement conference.
  2. A TMB panel holds an informal settlement conference (ISC). The purpose of the ISC is to provide an informal forum for a panel consisting of at least two TMB representatives to consider the evidence gathered, in addition to examining new records and reports provided by the accused practitioner. Having a lawyer at this stage who can help you collect evidence and compile a strong case in your defense is vital.
  3. The ISC panel reaches a decision and hands down a proposed order. After the informal settlement conference, the ISC panel decides whether a violation occurred and, if so, which sanctions to issue. If the accused practitioner disagrees with the TMB's judgment at this stage, she or he can request an administrative proceeding.
  4. The State Office of Administrative Hearings conducts mediation and a trial. At this stage, an Administrative Law Judge hears the case, reviews it, and presents a Proposal for Decision to the TMB. The TMB then issues an order that may include sanctions. If the TMB and the accused fail to reach an agreement at this stage, the case next moves into the public domain via a public complaint. This gives medical professionals a chance to receive a fair judgment if the TMB fails to handle the case correctly in its initial investigation.

How Is a Physician Assistant Investigation Different From a Physician Investigation?

Physician assistants are licensed and disciplined through the Texas Medical Board system, so the investigation process described above generally applies. A few procedural differences are worth knowing:

  • A firm 30-day clock. The board must complete its preliminary review of a complaint against a PA within 30 days. Physicians do not have that same fixed deadline. If the board misses the 30 days on a PA complaint, an official investigation automatically opens, whether or not the board was ready to make that call.
  • More structured informal proceedings. The board must schedule a PA's informal meeting within 180 days after someone files the complaint, with at least 30 days' notice, and must include a public member on the panel along with board staff presenting the evidence against you. You have a clear right to respond and present your own evidence at that meeting.
  • Mostly the same disciplinary grounds, with a few PA-specific ones. Substance abuse, mental incompetence, unprofessional conduct, criminal convictions, and discipline from another state apply to both professions. PAs also face a few grounds specific to their scope of practice, while physicians face some additional grounds tied to malpractice history and peer review findings.

If the board and the PA do not reach an informal resolution, the case proceeds to the same State Office of Administrative Hearings process described above for physicians.

Facing a complaint as a physician assistant? Call (713) 783-3110 or contact us online to speak with an attorney who knows how the PA process specifically works.

I Received a Complaint Notice From the Texas Board of Nursing (BON), What Should I Do?

Nurses can come to the attention of the Board of Nursing in several ways. The Board may open an investigation if:

  • A patient or a patient's family member files a complaint about the care they received;
  • An employer reports a concern, often tied to documentation, medication handling, or a workplace incident;
  • A colleague reports you, sometimes because Texas law requires nurses to report a peer they reasonably suspect is practicing while impaired by drugs or alcohol;
  • You self-report an incident, an arrest, or a change in your health.

Once the Board notifies you that someone has filed a complaint against you, you should retain legal counsel before responding to any investigator's questions or submitting a written statement. The Board can use anything you say to an investigator later in the proceeding. Hiring an attorney is not an admission that you did anything wrong. It is how you protect your license while the facts get sorted out.

Learn what to avoid when a TMB or BON complaint is filed against you.

The Texas Board of Nursing Investigation Process

The Board of Nursing follows a structured process once someone files a complaint, governed by the Nursing Practice Act and the Board's own administrative rules:

  • The Board opens a preliminary investigation. Investigators confirm the complaint involves someone the Board licenses, then look at two core questions: whether your continued practice poses a risk to patients, and whether the evidence supports a violation of nursing law. If the complaint involves a question of patient care, the Board must weigh whether any deficiency came from your own judgment, training, or skill, as opposed to factors outside your control, such as staffing or resources. 
  • The Board notifies you and continues investigating. Once the preliminary review is complete, and unless doing so would compromise the investigation, the Board must tell you a complaint was filed and describe its nature. Up to this point, the complaint and investigation remain confidential.
  • The Board pursues informal resolution or files formal charges. If investigators find reason to move forward, Board policy favors resolving the matter informally first, through a proceeding before the Board's executive director or a designee. Many cases are resolved at this stage through a stipulation, an agreed settlement, or an agreed order. If the case proceeds to formal charges instead, those charges must spell out exactly which rule or law you allegedly violated and describe the specific conduct at issue. Once the Board files formal charges, the matter is no longer confidential and becomes part of the public record.
  • Unresolved cases go to a contested hearing. If the Board and you cannot reach an informal resolution, the case moves to the State Office of Administrative Hearings for a formal hearing. There, your attorney can cross-examine the Board's witnesses, present expert testimony (particularly relevant for APRN standard-of-care cases), and challenge whether the charges hold up.
  • A final order can be appealed. The Board issues a final order based on the hearing record. You can appeal that order to a Texas court, which reviews whether the evidence in the record adequately supported the decision.

Call (713) 783-3110 or contact us online to speak with a Texas nursing license defense attorney.

Do I Have to Self-Report a Criminal Charge or Conviction to My Licensing Board?

In almost every case, yes. Texas licensing agencies require you to disclose criminal charges and convictions, though the exact rules, timelines, and triggering events vary by board. 

Even if you decide not to report, nearly every major Texas board runs fingerprint and background checks through the Texas Department of Public Safety and the FBI at both application and renewal, so the information will reach your licensing board eventually. The only real question is whether they hear it from you – on your terms – or from a database.

Reporting Requirements Vary by Board

  • Physicians and physician assistants (Texas Medical Board): Reporting is required within 30 days of the qualifying event, not at your next renewal. This covers felonies, Class A and B misdemeanors, and lower-level offenses involving moral turpitude (conduct reflecting dishonesty or a serious lapse in judgment). It also covers a no-contest plea that results in deferred adjudication (a plea arrangement where the case is dismissed after a probation period without a formal conviction) or pretrial diversion (a program that resolves the charge before trial, typically without a plea, once certain conditions are met). If you are applying for a new license or a renewal and need to disclose a past arrest or disciplinary action, see our guide to handling a past indiscretion during the TMB application process.
  • Nurses (Texas Board of Nursing): You must disclose convictions, deferred adjudications, and pleas on both your initial application and every renewal.
  • EMTs and paramedics (Texas Department of State Health Services): Reporting happens in two stages, and the clock is short. You must notify the agency within five business days of being arrested, charged, or indicted for most criminal offenses, though a Class C misdemeanor unrelated to EMS work does not need to be reported. Once the case resolves, a second deadline applies: 30 business days to report a conviction, deferred adjudication, or deferred disposition for most offenses, but only five business days if the offense is one of a shorter list of more serious offenses, specifically identified in state EMS rules. 
  • Insurance producers and adjusters (Texas Department of Insurance): You must disclose criminal history on licensing applications and renewals. Federal law separately bars anyone with certain felony convictions involving dishonesty or breach of trust from working in the insurance business at all, without a specific waiver.
  • Other state-licensed professions: Similar disclosure duties generally apply across Texas's licensing agencies. If you are concerned about how a past charge might affect your eligibility before you invest time or money in an application, some agencies allow you to request a written evaluation of your criminal history in advance.

Boards generally treat failing to self-report when required as its own separate violation, on top of whatever the underlying offense was. A board that might have taken no action on a minor, isolated incident can respond much more seriously to what it sees as an attempt to conceal one. The honest instinct – to get ahead of it – is usually also the legally correct one.

How Can an Attorney Assist With Self-Reporting?

Texas licensing boards exist to protect the public, not the license holder, and anything you submit becomes part of your official record. A self-report is a legal document, even when it feels like paperwork. An attorney experienced in professional license defense can help with:

  • Figuring out what, and when. Board rules often use vague language, such as requiring a report "within 30 days of the occurrence." Whether that clock starts at arrest, indictment, or final sentencing is not always obvious, and getting it wrong can create a separate problem on top of the original one.
  • Writing the disclosure itself. Most self-reports require a written statement describing what happened. That statement needs to take responsibility without volunteering additional detail the board never asked for.
  • Framing the incident accurately. A single, isolated event may be treated differently by a board than a pattern of conduct, and how you write the report affects this perception.
  • Gathering supporting documentation. This can include certified court records, proof of probation completion, character references written for a regulatory audience, and evidence of steps already taken, such as counseling or continuing education.
  • Handling contact with the board directly. Once you file a report, an investigator may follow up by phone or letter. With an attorney representing you, that contact goes through counsel, instead of you responding informally in the moment.
  • Negotiating an outcome, if one is proposed. If the board decides some form of discipline is appropriate, an attorney can negotiate for the least restrictive terms available, whether that is a confidential agreement or a public order.

Facing a self-reporting decision, or already reported and unsure what happens next? Call (713) 783-3110 or contact us online to talk it through with an attorney before your next step.

What Are the Benefits of Hiring a Lawyer to Protect My License?

When a licensing board opens an investigation, its investigators are trained to build a record, one that can be used to restrict, suspend, or revoke your license. An attorney's job is to make sure that record reflects the full picture, not just the version that supports discipline. That means different things at different stages:

  • Managing the notice and shaping your response. A notice of formal investigation is often vague or alarming. An attorney can review exactly which rule or standard the board is citing, and then draft a written response that addresses the board's actual concerns without volunteering extra detail.
  • Controlling who the board talks to. Once you have retained an attorney, board investigators direct their questions to counsel instead of contacting you directly, at work or otherwise. If the board requests records, your attorney makes sure it receives only what it is legally entitled to, after properly handling any required redactions, such as unrelated patient information.
  • Preparing you for, and standing with you at, informal proceedings. Most boards favor resolving a case informally before it goes further, through a conference or hearing where you and your attorney can present evidence directly. An attorney prepares you for what to expect, presents mitigating facts, such as no prior discipline, steps you have already taken to address the issue, or circumstances outside your control, and negotiates for the least restrictive outcome available, including a confidential resolution over a public one where that is possible.
  • Taking the case to a formal hearing, if informal resolution does not work. If the board and your attorney cannot reach an agreement, the case moves to the State Office of Administrative Hearings process described above. Your attorney handles the formal defense there: cross-examining the board's witnesses, presenting your evidence, and challenging whether the board's case holds up.

If a board issues a final order despite this defense, you can appeal that order to a Texas court. But an appeal is not a second trial. The court reviews only whether the existing record supports the board's decision – it will not hear new testimony or accept new evidence. Whatever is in the record when the final order is issued is all the court gets to consider. That is why involving an attorney from the first notice, rather than after a final order, matters. It helps ensure the record is complete and accurate should you ever need to appeal.

Beyond defending an active investigation or complaint, our health law attorneys also help with the matters that come before a problem starts, including reviewing an employment or recruitment agreement or drafting healthcare compliance plans for medical practices.

To schedule a consultation with our team or learn more about our services, call (713) 783-3110 or contact us online.

Why Choose Our Team?

Unwavering Commitment to the Success of our Clients

With decades of combined experience, we bring big-firm capability with personal firm service.

  • In Business Since 1987.

    Nearly 40 years representing clients in business and healthcare matters.

  • We Serve Clients Throughout Texas and the Nation.
    We handle matters from the Red River to the Rio Grande and beyond.
  • We Build It, and We Defend It.

    We form Texas businesses and medical practices, and we defend them when regulators, payers, partners, or outside parties come calling.

  • Legal Counsel You Can Understand.

    We explain every step in plain English and lay out our fee arrangement up front, before you sign anything.

  • We Want to Be Your Law Firm for Life.™
    We take a vested interest in our clients' success – from start to finish.

To Us, Every Case is Personal

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