Practice areas: Administrative Law, Health Care, Professional Liability; view more
Licensed in Texas since: 2003
Education: South Texas College of Law Houston
Selected to Rising Stars: 2011 - 2013 Call today:
512-807-6715
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Austin, TX 78701 Visit website
Details 
As the Managing Partner at Bertolino LLP, Tony R. Bertolino serves license holders throughout the State of Texas. His law firm focuses on professional license defense law (i.e., Administrative Law), including professional license defense, healthcare license defense, and vocational license defense for clients who need assistance maintaining their professional credentials before a board, agency, commission, or bar.
Within the firm’s professional license defense practice, among other areas, Mr. Bertolino helps clients such as educators, lawyers, behavioral health professionals, real estate agents, and brokers. In the healthcare field, the firm represents healthcare professionals across disciplines, including those needing a nurse license defense lawyer or a physician license defense lawyer to respond to investigations, complaints, or disciplinary proceedings. For skilled tradespeople, Mr. Bertolino offers strategic support in vocational license defense matters that can have a direct impact on their ability to earn a living.
Most of Mr. Bertolino’s work is litigation-focused. He is licensed to practice law in Texas and New York, and is admitted to ten federal courts, including the U.S. District Courts for all Districts of Texas, the U.S. Court of Appeals for the Fifth Circuit, and the U.S. Supreme Court.
He earned his law degree from South Texas College of Law, where he was a member and Assistant Editor of the South Texas Law Review. He also holds an M.P.A. from St. Mary’s University, where he graduated as valedictorian, and a B.A. in Political Science and Speech Communication. His public service includes pro bono work with Legal Services of South Texas and Texas Rural Legal Aid.
Mr. Bertolino has received an AV Preeminent® rating from Martindale-Hubbell, a Superb rating on Avvo, and was named a Texas Rising Star by Super Lawyers from 2011 to 2013. His firm also maintains an A+ rating with the Better Business Bureau, reflecting a longstanding commitment to client service and ethical practice.
He is the author of the Amazon #1 Bestseller “When Your License is Under Attack: A Survival Guide for Texas Professionals,” written to provide honest, practical advice for professionals under investigation.
Based in downtown Austin, Mr. Bertolino is a litigator, speaker, writer, proud father of three adult children, and one grandchild. If your license is under threat, put the power of Tony R. Bertolino and his team to work for you.
Call the Austin office at (512) 690-4990 or visit bertolinolaw.com to schedule a complimentary consultation.
Practice areas
Administrative Law, Health Care, Professional Liability: DefenseFocus areas
Health & Health Care Law, Licensing, Professional Malpractice - Other
- 70% Administrative Law
- 20% Health Care
- 10% Professional Liability: Defense
First Admitted: 2003, Texas
Professional Webpage: https://www.belolaw.com/our-attorneys/tony-r-bertolino-lawye...
Bar / Professional Activity
- San Antonio Bar Association (SABA)
- Williamson County Bar Association
- Texas Young Lawyers Association (TYLA)
- Austin Young Lawyers Association (AYLA)
- Austin Bar Association
- Mexican-American Bar Association of Texas
- Hispanic Bar Association of Austin (HBAA), Legislative Committee
- Hispanic National Bar Association (HNBA)
- U.S. Supreme Court
- American Bar Association (ABA)
- State Bar of Texas, Construction Law Section
- State Bar of Texas, Bankruptcy Law Section
- U.S. Bankruptcy Court Western District of Texas
- U.S. Bankruptcy Court Southern District of Texas
- U.S. Bankruptcy Court Northern District of Texas
- U.S. Bankruptcy Court Eastern District of Texas
- Texas
- New York
- U.S. District Court Eastern District of Texas
- U.S. District Court Northern District of Texas
- U.S. District Court Southern District of Texas
- U.S. District Court Western District of Texas
- U.S. Court of Appeals 5th Circuit
- U.S. Supreme Court
Verdicts / Settlements (Case Results)
- Texas Health & Human Services Commission v. P.W., Facts: PW’s Childcare Facility self-reported to the Texas Health & Human Services Commission (HHSC) that a child’s mother had complained that her child was injured with a broken arm after being pushed off of the playground slide. HHSC’s Investigator came out and issued two citations to the Childcare Facility for failure to oversee and care for the child or attend her injuries. An Administrative Review was scheduled by Bertolino LLP to overturn the citations, Outcome: A video was available from the Childcare Facility. Bertolino LLP worked with PW and Staff to review the video and elicit testimony on what happened. During the Administrative Review, the video was shown to the HHSC Supervisor with PW and Staff to narrate the events being shown. The child was shown in the video being picked up by the parent at the Childcare Facility with no injuries – she was pointing and moving the purported broken arm and clearly not upset or crying. The HHSC Supervisor overturned both citations based on the video evidence and testimony.
- Texas Education Agency v. FC, Facts: Client hired firm after receiving a Notice of Investigation from TEA. TEA alleged that client had inappropriately touched several female students in his elementary class., Outcome: Firm attended an informal conference and argued that client did not commit the acts alleged. Firm provide argument and explanation that sometimes these students make up lies about teachers because they are told that if an investigation is initiated it will have a positive impact on their residential status. Firm provided evidence that this incident occurred before regarding another teacher. However, the allegations were found to be untrue, and the case was dismissed. Client admitted that the school is in an underserved area and that the school administration never thoroughly investigated these allegations because they did not like client and were trying to get rid of him. After the informal conference TEA dismissed the case and took no further action.
- Texas Education Agency v. GJ, Facts: Client hired firm after receiving a Notice of Investigation from TEA. TEA alleged that client created a fraudulent certificate and submitted the certificate to a superintendent program. TEA alleged that client fraudulently manipulated her certificate to show certifications she did not have., Outcome: Firm attended an informal conference and argued that client did not manipulate her certificate. We provided evidence that a third party, unbeknownst to client, edited her certificate to reflect the additional certification. We provided statements from that person admitting that he did make those edits without client’s knowledge. Originally, TEA offered client the opportunity to surrender her license. However, after further argument from firm that client cannot be held liable for the actions of another, TEA offered client a private reprimand. Since client did not take proper due diligence when reviewing her certificate prior to sending it off to the program, she accepted the private reprimand.
- Texas Education Agency/State Board of Educator Certification v. SF, Facts: SF engaged our firm to defend her 28-year career against allegations of neglect and abuse of a child. Our client faced revocation of her credentials, limited employability and damage to her highly regarded reputation as an educator., Outcome: The firm evaluated the available evidence and submitted a robust response addressing both the facts and applicable law. We demonstrated that the allegations were baseless. Upon conclusion of the investigation, the Agency dismissed the complaint and immediately removed the inquiry notice from the State Board of Educator Certification’s website. Our client was able to return to the classroom and the career that she loves.
- Texas Education Agency v. W.B., W.B. is an educator who was accused of inappropriate conduct at school, including sending a message through a dating application. W.B. hired our firm to provide a detailed written response to the allegations and to attend an informal conference before the Texas Education Agency (“TEA”), where W.B. would have the chance to discuss their side of the story., As it turned out, W.B. was beta-testing the application for extra income, as W.B. had done in the past. When W.B. downloaded the application and checked to see if it was running properly, the name of one of W.B.’s students appeared as a suggested “friend.” W.B. contacted the student and told them to remove themselves from the application and further informed the student that W.B. would have to inform the proper school officials because the student was a minor and the dating application was for adults only., Upon making the report, school officials contacted the TEA, in part, because they felt it W.B. should not be contacting their students via the application. W.B. denied any wrongdoing and, after explaining the details to TEA, including providing substantive evidence in W.B.’s favor, our firm secured a dismissal of the complaint against W.B.
- Texas Education Agency v. J.L., Texas Education Agency accused J.L. of contract abandonment after he resigned from a teaching position at a school near Houston, Texas to teach at another school, closer to his spouse’s employer. J.L. transferred so he could assist with caring for his two small children. J.L. vehemently denied the allegations, stating that he fulfilled all of the contractual and statutory obligations for transferring to another school. After Bertolino, LLP, provided a vigorous response to the allegations, the allegations were dismissed.
- Texas Education Agency v. C.B., C.B. is a licensed educator. C.B. struck one of her pre-kindergarten students on the cheek while the student was being disruptive. The parents of the child filed a complaint with the school district, local law enforcement and the Board., After an informal conference with a Board investigator, C.B. and counsel, the Board allowed C.B. to keep her license and simply issued her a public reprimand. The reprimand required her to complete some continuing educational courses. No probationary period or fine were issued.
- Texas Education Agency v. J.B., TEA accused J.B. of contract abandonment and threatened to impose a one-year suspension of J.B.’s license. After a hearing at the State Office of Administrative Hearings, the Honorable Administrative Law Judge sided with J.B. and wrote a Proposal for Decision dismissing all claims.
- Texas Education Agency v. F.FA, Facts: Our client FFA, hired firm to assist her in responding to a notice of investigation filed by TEA alleging that FFA abandoned her teaching contract. The investigation stemmed from FFA’s resignation in February of 2022. She resigned in the middle of her contract due to a change in circumstance. Her mother, who took care of her children while she was at school, contracted COVID in January of 2022 and after contracting the virus was unable to fully recover. She therefore advised FFA that she could no longer watch her children. Due to this abrupt change in circumstance, FFA resigned without notice., Outcome: After consultation with FFA, Bertolino LLP, submitted a response to the allegations. Within the response we argued that FFA did not violate any code section related to contract abandonment because she had cause to resign. We argued that her lack of childcare was an immediate need that arose after the time that she signed her contract. We provided witness statements from her mother and her mother’s physician as well as documentation of her positive COVID results and her urgent care records. After analysis of the response and consultation with TEA staff, TEA dismissed the complaint and closed the investigation.
- Texas Education Agency v. MT, Facts: Our client, MT, hired us to defend against allegations of unprofessional conduct towards other employees. The claims had been filed by staff members who were retaliating against our client for doing his job and meeting his obligations. The complaint was negatively impacting our client’s ability to continue in his chosen profession., Outcome: The firm submitted a written response addressing the claims, demonstrating how the accusations lacked merit and how they were levied against our client simply for doing his job properly. We then represented the client at an informal settlement conference with agency staff to address any questions. At the conference we stressed the agency needed to close the case because the complaint lacked any merit. We demonstrated that the retaliatory complaint was filed by disgruntled staff members with ulterior motives and no evidence. As a result, the investigation was closed, and the case dismissed without any action against our client’s license.
- Texas Education Agency v. HC, Facts: Client received a complaint from TEA after he was terminated by his school district for having inappropriate relations and/or communication with a female student. The student reported to the school that client spoke to her on two occasions about liking her more than he should and knowing that it was wrong., Outcome: During an informal conference the firm provided evidence of client’s character and argument as to how the student misunderstood what client was trying to advise. Firm argued that client was only trying to direct the student to associate more with her friends and not congregate in front of his classroom so much. Client also admitted that he was too causal with his students and not direct enough with the student at issue during their conversations. This may have caused confusion in his message. Based on the evidence TEA allowed client to keep his license.
- Texas Education Agency v. RR, Facts: Client was arrested for DWI and plead guilty to the modified felony offense of evading arrest. She was placed on probation for 8 years. TEA initiated an investigation and offered client a disciplinary order suspending her license for the period of time she would be on probation. Client rejected the offer, requested a trial and retained the firm. After discussing the mandatory sanction requirements based on her probationary term, the firm negotiated with TEA regarding a surrender., Outcome: Client’s employer was aware of her conviction and still supported her as an educator. Based on Texas law, teachers are not required to hold a license to teach in a public school. The school has the discretion to hire unlicensed educators if they so desire. The firm provided evidence and argument that supported TEA modifying their offer and allowing client to surrender her license. A surrender would allow her to continue to teach and work, unlike a suspension, that would suspend her ability to teach in any public school regardless of licensure. Client was able to keep her job and will be able to reapply for licensure in 5 years.
- Texas Education Agency v. A.S., A Dismissal Secured in the Face of Inappropriate Conduct Allegation, Our Client, a Teacher (“A.S.”), was investigated by the Texas Education Agency (“Agency”), after he was terminated for alleged “inappropriate conduct with students”. Through successful performance at a hearing before the Agency, we secured a dismissal.
- Texas Education Agency v. M.A., Outright Dismissal Secured After Inappropriate Conduct Allegations, In 2014, while our Client, M.A., worked as a physics teacher at a public high school, a group of female students from the 11th grade would study in M.A.’s office during downtime. The door to M.A.’s office was always left wide upon, and the students would come and go as they pleased. M.A. had a purely platonic, professional relationship with the students, and she would often assist them with their assignments while they were in her office., After the students graduated and reached majority age, M.A. and one of the students (“Student”) began texting one another. Eventually, the texting took on a romantic nature. After sending a flirtatious message, which she regretted, M.A. immediately deleted the Student’s contact information and did not reach out again. Shortly thereafter, M.A. received a series of calls in the dead of night – around 2:00 a.m. When she picked up the phone, M.A. was threatened by a female voice that if she did not resign due to her relationship with the Student, the caller would destroy her family and her career., M.A. dutifully contacted leadership in her school district, described what happened and confessed her relationship with the Student. Shortly thereafter, M.A. was terminated and reported to the Texas Education Agency (“Agency”). After successful briefing and oral argument at an informal hearing, we secured an outright dismissal and cleared our Client’s name at the earliest available juncture of the case.
- Texas Education Agency v. L.E., Complaint Dismissed Following Informal Hearing, Our Client, L.E., faced a Complaint (“Complaint”) filed by the School District she formerly worked for as a special educator. The Complaint alleged serious ethical violations after a third-grade student (“Student”) had a crisis, which nearly resulted in severe harm befalling several students. The School District terminated L.E. and she was left with no option other than working for a retail store to cover her bills and living expenses., The Complaint conspicuously omitted crucial facts and circumstances, which we relayed to the Texas Education Agency (“Agency”) in a written rebuttal. Namely, L.E. had pleaded, from the end of the prior school year until the day of the crisis, with School District Leadership to develop a crisis plan for the Student; these pleadings were rejected, yet District Leadership had the audacity to play the crisis off as L.E.’s fault. We attended an informal hearing with L.E., before the Agency, and discussed the substance of the rebuttal. Days later, the Agency notified us that the Complaint had been dismissed, with no disciplinary action being taken against our Client’s educator Certificate. Our Client has been fully exonerated and is now interviewing for special educator positions.
- Texas Education Agency v. K.H., K.H. is an educator who was accused of inappropriate conduct at school, including allegations that K.H. engaged in sexual conduct on campus. K.H. vehemently denied the accusations and hired our firm to represent them before an informal conference at the Texas Education Agency (“TEA”)., We attended the informal conference with K.H. and showed TEA that the allegations arose out of fabrications made by K.H.’s former significant other, who had engaged in a scheme to humiliate K.H. and attempted to derail K.H.’s stellar career as an educator by making false accusations and reports to school and school district administrators., After reviewing the evidence and hearing K.H.’s side of the story, TEA dismissed the complaint and informed K.H. that their educator’s certificate would not be affected.
- School District v. CJ, Facts: Our client, CJ hired us to assist in obtaining a educator contract release from the District., Outcome: The Firm analyzed the facts in connection with seeking the release. It was determined that the law supported a release from the contract without sanctioning CJ’s educator credentials. The Firm assisted CJ with submitting arguments and documentation in support of accepting CJ’s resignation and contract release. The district accepted CJs resignation. CJ can now seek employment in education and continue her career in her chosen field.
- Texas Education Agency v. HG, Facts: HG received a complaint from TEA and after denial of an agreed order, the matter was set for trial. The allegations within TEA’s petition alleged a variety of violations. The first set of violations alleged that HG was inappropriate with two students. He allegedly asked a female student out for dinner after graduation and attempted to kiss another student while employed with the school district. Further, he made inappropriate comments and jokes during his class lectures which made students feel uncomfortable. Lastly, he had a history of prior reprimands with the school, one of which results in a demotion in position, and he misrepresented his exit from the school on a subsequent job application., Outcome: Once the matter was set for trial the firm completed discovery and received all the evidence that TEA was preparing to introduce at trial. The firm also spoke to several witnesses for TEA and for HG in order to determine the best defenses and arguments against revocation. After consultation with TEA, the firm was able to have TEA agree to a suspension of HG’s license. This avoided revocation, a permanent ban from teaching and prevented registration on the Texas Do not Hire Registy.
- Texas Public School District v. TD, Facts: TD was allowed to resign from their position with an ISD here in Texas. The ISD placed TD on administrative leave and notified him that they had received a complaint that he was having a sexual relationship with a former student. TD denied the allegations., Outcome: TD retained counsel and the firm submitted argument to the ISD’s counsel denying the allegations. The firm provided evidence that the report was not credible and that the events never took place. The firm provided evidence that the report was made by a former coworker and was only initiated based on the coworkers bias and motive to retaliate against TD. After several months of silence, the ISD advised that they did not issue any findings and no report to TEA was initiated.
- School District v. CA, Facts: Client hired firm after she was put on leave by her school district. The district placed her on paid leave to finish out the remainder of the school year. CA was placed on leave after it was alleged that she pushed a student down a flight of steps. CA provided a statement prior to hiring the firm and admitted to touching the student during an argument., Outcome: The firm contacted the lead investigator with the district regarding the matter. The firm provided a supplemental statement wherein it was explained that CA never pushed, pulled, shoved or aggressively maneuvered any student. Within the supplemental statement it was clarified that after asking the student to exit the classroom due to disruptive and behavioral issues, CA placed her hand on the student’s shoulders and due to the stairs in her classroom, guarded the student around the stairs as to avoid any injury and then directed him out of the classroom and through the door. No injury or other incident occurred. After review of the supplemental statement, CA was removed from leave and scheduled to return to the classroom at the start of the next school year. No report to TEA was made.
- Texas Board of Professional Engineers and Land Surveyors v. T.M., Facts: Client TM is a Registered Professional Engineer with 38 years of experience. TM was hired to draft a stormwater detention engineering design that was needed by a customer to obtain a building permit for a swimming pool on his property. His first draft for a building permit was rejected by the city. He advised the customer that the project would be far more expensive than originally bid. The customer agreed that TM would just refund the deposit he paid. Prior to the refund being paid, the customer filed a complaint with the Texas Board of Professional Engineers and Land Surveyors (the “Board”). After TM was notified of the complaint, he refunded the deposit and the customer rescinded the complaint. However, the Board pursued the complaint anyway saying TM had failed to practice engineering in an honest and ethical manner and failed to act as a faithful agent to his client because it took him over three months to pay the refund and did so only after the complaint was filed. The Board issued a proposed Consent Order to TM, imposing a one-year suspension of his license probated and successful completion of ten hours of continuing education in ethics., Outcome: TM rejected the proposed Consent Order and hired Bertolino LLP to represent him in front of the Board at an informal conference. At the conference, TM was led through a question-and-answer presentation regarding going through a divorce at the time and having to sell his house in another state which caused him to neglect the refund. He met with the customer within 24 hours of learning about the complaint and paid him the refund. The customer was satisfied and told TM that he would withdraw the complaint. After deliberations, the Board modified the Consent Order to an informal reprimand, no suspension of license and successful completion of ten hours of continuing education in a second-level ethics class within eight months.
- Texas Board of Professional Engineers v. MW, Facts: Our client, MW, a licensed professional engineer, faced a complaint filed with the Texas Board of Professional Engineers. The complaint alleged that MW had failed to adhere to industry standards in a structural engineering project, potentially compromising safety., Outcome: The firm worked with MW to compile a thorough response, including project documentation, expert analysis, and evidence of compliance with all relevant engineering standards. We demonstrated that MW’s work met or exceeded all necessary safety and professional requirements. After reviewing the evidence, the Board concluded that the complaint was unfounded and dismissed the case without taking any disciplinary action against MW.
- Texas State Board of Professional Engineers v. D.H., Facts: A former client of DH’s filed a complaint against him alleging that he lied to his client, misled his client, failed to act as a reasonable engineer would have by not requesting an extension to his site plans, and losses to his client in the approximate amount of $200,000. The complaint was investigated, and the Board found evidence amounting to a code violation. The Board set the matter for an informal settlement conference., Outcome: During the informal conference, Bertolino LLP presented two witnesses and provided several documents proving that DH did not lie or mislead the client. The evidence also showed that DH acted as any engineer would have in the same or similar situation. Through the presented evidence Bertolino LLP argued that the complaint was missing information and context and was made to make DH look incompetent. Bertolino LLP also argued that there was no evidence showing that it was DH’s actions that led to the client’s loss of $200,000. After closing arguments, the Board voted to dismiss the matter.
- Texas Board of Professional Engineers and Land Surveyors v. SLS, Facts: Our client, SLS, hired us to help him defend against a retaliatory complaint filed with the Board by a competitor. The client provided outstanding services to his client in connection with evaluating the competitor’s work before approval was given to continue with the project the competitor had been working on. Our client had pointed out several concerning problems with the project work and the competitor was unhappy with those findings and filed a complaint to retaliate against our client., Outcome: The firm gathered the necessary documentation and prepared an aggressive, written response undercutting the veracity of the competitor’s baseless allegations against SLS and urging the Board to dismiss it. On request, we provided additional information that further vindicated our client and demonstrated the complaint against SLS was bogus. After completing their investigation, the Board completely dismissed the complaint against SLS, finding that the complaint lacked credible evidence of any wrongdoing.
- Texas State Board of Pharmacy v. O.A.A., Complaint Shut Down With Help From Handwriting Expert, Our Client, O.A.A., Pharm.D., R.Ph., faced a complaint (“Complaint”), based on a signature, purportedly authored by O.A.A., on fraudulent documents sent to the Virginia Board of Pharmacy. The Texas State Board of Pharmacy (“Board”) prosecuted our Client and set an Informal Conference to discuss same. And tremendous value hung in the balance: our Client has R.Ph. licenses in eleven other states, each and all of which would have been implicated by an adverse result for the Texas Complaint., We retained an eminent hand-writing analyst and incorporated her expert analysis into a written rebuttal more than fifteen days before the Informal Conference. Our written rebuttal convinced the Board to dismiss the Complaint and take no disciplinary action against our Client. Afterward, we prepared administrative Complaints for our Client, who then filed same with the Virginia and Texas Boards of Pharmacy. At the earliest available opportunity, we shut down the Complaint and put our Client from the defensive onto the offensive.
- Texas State Board of Pharmacy v. E.B., Under substantial stress and pressure from work, our client, E.B., illegally issued prescriptions to themselves. E.B. responded to their conscience and self-reported to the Board. The Board notified the police, and criminal prosecution began. E.B enrolled in the Peer Recovery Network and went to drug treatment for ninety days. After completing treatment, E.B. secured a very favorable plea deal in their criminal case., After defending E.B. at an informal conference, the Board proposed that E.B. be placed under probated suspension, to settle the matter. E.B. faced revocation at the outset of the case, so they were elated to resolve the case with a settlement that permits them to continue working.
- Texas State Board of Pharmacy v. E.U., E.U. is a licensed pharmacist. E.U. negligently allowed thousands of invalid prescriptions for controlled substances to be issued to clients. E.U. missed key factors and signs that she was filling invalid prescriptions over the course of two years. The Board initiated an investigation after the DEA investigated the pharmacy while E.U. was working., After an informal conference with the Board, E.U. and counsel, the Board agreed to allow E.U. to keep her license and issued her a Board Order. The Order placed her on probation for 3 years, when the general guideline sentence is 5 years and issued her $3,000 fine, when the general guideline fine is $5,000.
- Texas State Board of Pharmacy v. G.T., G.T. is a licensed pharmacist. After a physician negligently prescribed him with a controlled substance for back pain, he became addicted. When he could no longer get the prescriptions from his physician, he began stealing medications from his pharmacy while on duty. When the pharmacy discovered the theft, they reported his conduct to the DEA and the Board. G.T. was arrested by the DEA and an investigation was initiated by the Board., After an informal conference with the Board, G.T. and counsel, the Board agreed to issue G.T. a confidential Board Order. G.T. was placed on probation and required to complete a program. The investigation and the Order will remain confidential and will not be subject to public disclosure.
- Texas State Board of Pharmacy v. ARH, Facts: Our client, ARH, hired us to defend against allegations of unprofessional conduct as a pharmacist. The Board staff claimed the client had acted unprofessionally and negligently in connection with handling a patient matter and had scheduled the client for an informal settlement conference to hear an explanation of what had occurred. The complaint was negatively impacting our client, who was anxious and stressed over the allegations impacting her long-time career., Outcome: The firm got the impending conference rescheduled so the client had adequate time to prepare her case. The firm then submitted a written response addressing the claims, demonstrating how the accusations lacked merit and how it was inappropriate to take any disciplinary action against our client. We then represented the client at an informal settlement conference with agency staff and Board members to address any questions. At the conference we stressed the agency needed to close the case because the complaint lacked any merit, and it would not serve justice to discipline our client. We demonstrated the complaint lacked merit and the panel of Board members decided to dismiss the allegations against our client without any action against the her license.
- Texas Board of Pharmacy v. ML, Facts: Client hired firm after receiving a complaint from TSBP regarding misconduct. The complaint alleged that client allowed a third-party access to the pharmacy and its medications. Client allowed a third party, unlicensed by TSBP, behind the counter of the pharmacy and allowed them to take medication off the shelf and converted the medication for their own use., Outcome: Firm submitted a response and attended an informal conference with the client. During the conference the firm argued that client did allow a third-party access, however, the person was a relative of the client. Further the person had a prescription for the medication that client allowed them to remove from the pharmacy supply. The person was only present at the pharmacy due to personal trauma the client was suffering from at the time of the allegations. We argued that client was going through some personal trauma which caused her to lapse in judgment. Since the incident, client had overcome her issues and was in a much better state of mental health. After the conference TSBP decided to issue client an order placing her on probation for one year. The order would not impact her ability to work or use her license.
- Texas State Board of Pharmacy v. VV, Facts: Client hired firm after he realized that he may not be in compliance with his continuing education. He realized while renewing his license that he did not complete a certain course that he was supposed to complete. He was over a year late on his deadline to complete., Outcome: Firm submitted a self-report in order to get ahead of any issue with TSBP. Firm argued that the deadline was not legally sufficient because the code did not include a deadline. The deadline was only listed on client’s renewal documentation and that is not sufficient to create a statutory deadline. Further, the TSBP had no corresponding code section that allowed them to take disciplinary action based on client’s conduct. Firm further argued that it would not be just to discipline client because he did not have true notice of the deadline. Firm counseled client to complete the course and submitted proof of completion and compliance to TSBP. After TSBP investigated they decided to take no action against client’s license.
- Texas Board of Nursing (“BON”) v. JA, Facts: JA hired firm after a complaint was received by BON regarding violations of employment privacy policies. The notice of allegation stated that JA brought home records with patient information along with patient medications., After requesting the evidence from BON, the firm provided a response. Within the response the firm argued that BON had no physical evidence that JA brought home patient records or patient medications. We also provided several character statements showing that JA is not the kind of licensee who would violate privacy policies. Arguing a lack of evidence and JA’s trustworthy character, the firm asked BON to dismiss., Outcome: After BON reviewed the response and corresponding evidence, BON dismissed the complaint for lack for evidence.
- Texas Board of Nursing v. MS, Facts: MS is a Registered Nurse who has been licensed since 2006, and as an LVN before that since 1998. She has no previous complaints or disciplinary history. She received a notice from Texas Board of Nursing that a complaint had been filed against her by her former employer and an investigation had been opened. The allegations were that, while working as an RN at a dialysis clinic, MS had failed to properly maintain records, follow doctor’s orders, monitor and administer care to a patient who later expired at the ER. She engaged Bertolino LLP to defend her license., Outcome: Bertolino LLP served a robust narrative response and 14 exhibits to the Texas Board of Nursing Complaint Investigator which showed that the allegations were baseless, unfounded and just plain wrong. The dialysis unit that MS was assigned to was woefully understaffed, and three other nurses had been called off of the floor, leaving MS to care for 14 patients. The medical records of the patient clearly showed that none of her actions led to his demise. The response also included a laundry list of mitigating factors, including letters of recommendation from colleagues and patients regarding MS’s fitness to practice. After this effective advocacy by Bertolino LLP, the Texas Board of Nursing sent notice to MS that “based on the information we have received, there is not sufficient evidence for us to prove a violation of the Nursing Practice Act. Therefore, the investigation has been closed and the investigative file has been expunged from your record. No action will be taken by the Texas Board of Nursing in this matter.”
- Texas Board of Nursing v. GA, Facts: Client received a complaint from BON after a patient reported that she failed to discuss severe blood test results leading to an emergency room visit. The patient alleged that after his results were issued, client never called him and he ended up having to report to the emergency room for several days due to low blood sugar., Outcome: After client provided an initial response and received an order of direct supervision and monitoring, she rejected the order and retained the firm. Formal charges were filed against client and firm provided an answer to the charges. Within the answer the firm argued that client never received the blood test results and advised the patient prior to sending the tests in that the practice he was choosing never faxed the records to client’s facility on time. Evidence was provided that the results came in only after the patient had called to request them and that the patient did not follow client’s order and report back to the practice for a follow up visit. Client admitted to failing to make record of her communications with the patient after the results came in and her advice for the patient to seek emergency hospital services as he was no longer residing in the state of Texas. Based on these arguments the BON modified their order, removed all supervision and monitoring requirements and only required client to complete some continuing education.
- Texas Board of Nursing v. MHB, Facts: Our client, MHB, hired us to defend her against a complaint filed with her regulator alleging she had engaged in unlicensed activity as a nurse. She faced damage to her professional reputation, potential disciplinary action from the Board and a negative impact on her livelihood all due to the false complaint allegations believed to be filed by a disgruntled former employee., Outcome: The Firm collected and evaluated the documentation needed to fight back against the illegitimate allegations, and advocated on the client’s behalf to demonstrate to the assigned investigator that the complaint had no merit. We demonstrated to the investigator why the client had not violated the law and why the complaint needed to be immediately dismissed without further Board action. After the Board completed the investigation, the investigator agreed the matter lacked any merit, and needed to be dismissed. The client’s complaint was dismissed, and the Board took no action against her license, leaving her professional reputation and livelihood intact so she could continue doing the job she loved.
- Texas Board of Nursing v. W.S., Complaint Dismissed Outright After Written Argument, Our Client, W.S., a L.V.N., faced a complaint (“Complaint”), filed by his former employer, with the Texas Board of Nursing (“Board”), which alleged W.S. (i) exceeded his scope of practice, (ii) obtained medications improperly, (iii) violated the professional boundaries of the nurse/client relationship, (iv) and inappropriately manipulated the patient schedule, delaying further appointments for imminent medical issues. By discovering the bad-blood politics beneath the surface, and preparing a robust written argument, we convinced the Board that the allegations were false, and secured an outright dismissal of the Complaint, with no disciplinary action taken against our Client’s license., Texas Real Estate Commission v. J.R., Board Decision Reversed on District Court Appeal, Our Client, J.R., a licensed real estate sales agent and former Federal Firearms Instructor, plead guilty to conversion of ammunition belonging to the federal government in 2014. J.R.’s conversion case contained substantial mitigation, but J.R. plead out pursuant to legal advice from his criminal attorney. The Texas Real Estate Commission (“TREC”) sought to revoke J.R.’s sales agent license. After successfully pleading J.R.’s case to an impartial Administrative Law Judge (“ALJ”) in the State Office of Administrative Hearings (“SOAH”), and saving J.R.’s license from revocation, TREC grossly violated the bounds of their judicial discretion and improperly manipulated the ALJ’s decision in order to revoke J.R.’s license. We appealed the case to a District Court and convinced the Judge that TREC’s abuse of discretion and unauthorized conduct was not only improper, but so improper as to pass the threshold for a reversal of TREC’s decision, pursuant to stringent standards of review., January 2018
- Texas Board of Nursing v. C.O., The Texas Board of Nursing (“Board”) prosecuted a complaint (“Complaint”) against our Client, C.O., LVN, which alleged she was responsible for a patient death which was caused by discontinued seizure medication., While C.O. inadvertently discontinued the seizure medication, she was not responsible for the patient’s death. C.O. was a PRN nurse who only visited the pertinent facility twice a month. The facility had a number of policies and procedures in place designed to catch medication errors before they caused serious patient harm. At least ten full-time employees at the facility were charged with carrying out these policies, but all ignored same. The patient did not begin to experience seizures until thirteen days after the medication was discontinued – which means that the medication error policies were ignored for the same span. The error was not caught until sixteen days after the discontinuation – the next shift C.O. worked at the facility. By then, the patient had to be transferred to a larger facility, and soon expired., By providing the Board with a thorough explanation of the willful violations of the facility’s medication error policies and expounding the details of C.O.’s stellar ten-year career as a nurse, we secured a remedial, non-disciplinary settlement for our Client.
- Texas Board of Nursing v. C.L., C.L. allegedly failed to follow the proper wasting procedures for medications at a large hospital in Houston, Texas and was accused of using the medication for herself. C.L. vehemently denied the allegations. In response to the complaint, C.L. hired our firm to compile all the required documentation and respond in writing to the Board’s investigators. After doing so, the firm convinced the Board that the allegations had absolutely no merit, and the Board dismissed the complaint.
- Texas Board of Nursing v. P.S., P.S. is a licensed vocational nurse. While working as a home health nurse, P.S. aggressively handled a young child who was ventilator-dependent, used lewd language directed at the child and fell asleep during her shift. The mother of the child reported the conduct, which was caught on video, to the home health agency, which later reported the conduct to the Board., After a response to the allegations was submitted by counsel, the Board allowed P.S. to keep her license and issued her a Board Order. The Order placed her on probation and required that she complete certain continuing educational courses.
- Texas Board of Nursing v. U.L., Facts: Our client UL, hired us to represent her against a complaint filed against her license by the Board of Nursing (BON). The complaint was initiated by her former employer. The BON’s complaint alleged that she misappropriated morphine. After an investigation was completed by her employer she resigned. Her resignation was not accepted, and she was terminated., Outcome: We submitted a response packet to the allegations which detailed how UL did not misappropriate morphine. We argued that the evidence was not sufficient to prove that she took the morphine for self-use or that she failed to administrator the morphine. We provided evidence that UL simply failed to timely document this single administration. Based on the arguments, the BON issued UL a corrective action. This action is not public and is not subject to an open records request. The action is also nondisciplinary. After UL completes her action, the matter will be dismissed.
- Texas Board of Nursing v. SHR, Facts: SHR is a Registered Nurse who has been licensed since 2019 with no complaints or disciplinary history. She received a notice from Texas Board of Nursing that a complaint had been filed against her and an investigation had been opened. She engaged Bertolino LLP to defend her license. The allegations were that, while working as an RN at a home health care service, SRH had failed to properly maintain records, monitor or administer care to a patient, who subsequently expired., Outcome: Bertolino LLP served a response and 5 exhibits to the Texas Board of Nursing Complaint Investigator which showed that: SRH was neither employed with the home health care service during the initial dates of allegations and then she was a new employee on orientation during the later period of time at issue; SRH was not assigned to care for the patient – other nurses and staff were; SRH did not have a nurse-patient relationship and did not have a duty to care for the patient because she was not identified in the medical records as a primary caregiver. Medical records, organizational structure and policy records were requested from the home health care service by the Texas Board of Nursing Complaint Investigator but were never supplied. After effective advocacy by Bertolino LLP, the Texas Board of Nursing sent notice to SRH that “[t]he investigation conducted by this office has been closed” and there was no sanction on SRH’s license.
- Texas Board of Nursing v. T.N., Our Client, a Registered Nurse, was alleged to have breached professional boundaries. To settle the matter, the Board proposed an Agreed Order which entailed language susceptible to damaging insinuations and inferences, as well as crippling restrictions on our Client’s ability to practice for a full year. Through multiple rounds of negotiation, the Firm obtained significant, favorable modifications to the proposed Order. The Firm not only substantially reduced the restrictions, but also secured language amendments that dispelled the adverse insinuations and inferences., Take-away: Through efficient negotiation, the Firm prevented potentially irreparable damage to our Client’s public reputation, and diminished restrictions on our Client’s capacity to earn a living.
- Texas Board of Nursing v. C.R., Our Client, a Certified Registered Nurse Anesthetist with a Doctorate in Nursing Practice, was alleged to have improperly counseled an elderly patient with severe co-morbidities on the risks of general anesthesia. The Board went so far as to allege that the patient’s subsequent traumatic incidents were related to CRNA CR’s conduct. The Firm shut down the Board’s allegations immediately, securing an outright dismissal upon submission of a Response Packet. The Firm protected CRNA CR’s license at minimal cost., Take-away: The Firm secured a dismissal with a single move., February 2017
- Texas Board of Nursing v. C.R., Our Client, a Certified Registered Nurse Anesthetist with a Doctorate in Nursing Practice, was alleged to have improperly counseled an elderly patient with severe co-morbidities on the risks of general anesthesia. The Board went so far as to allege that the patient’s subsequent traumatic incidents were related to CRNA CR’s conduct. The Firm shut down the Board’s allegations immediately, securing an outright dismissal upon submission of a Response Packet. The Firm protected CRNA CR’s license at minimal cost., Take-away: The Firm secured a dismissal with a single move., February 2017
- Texas Board of Nursing v. D.F., Our Client, a Licensed Vocational Nurse, was alleged to have fallen asleep on duty. LVN DF initially responded to the Board’s allegations without legal representation. The Board replied by proposing an Agreed Order which would have required LVN DF to abandon working in home health, abandoning her beloved patients and plans to establish a home health practice this year. Shortly after being engaged by LVN DF, the Firm submitted its proprietary Response Packet, and secured an outright dismissal of the allegation. The Firm protected LVN DF’s license at minimal cost., Take-away: The Firm secured a dismissal with a single move.
- Texas Board of Nursing v. S.L., Our Client, a traveling RN, was alleged to have diverted controlled substances from a medical facility. By submitting a thorough Response Packet, which explained what actually transpired, we secured an outright dismissal for our Client, at minimal cost.
- Texas Board of Nursing v. FD, Facts: Our client, FD hired us to assist in obtaining his Texas nursing license after he passed the NCLEX. Our client passed the NCLEX but after the four year period established by the Board and as a result the Board denied his nursing license., Outcome: The firm evaluated the relevant documentation, enabling statutes and Board rules. The Statute and Board rules did not inhibit the Board’s discretion to issue a license if the Board failed to comply with their rules. After presenting the client’s position based on the facts and law, the Board issued a license to our client. Client now can pursue his career passion in nursing.
- Texas Board of Nursing v. CJ, Facts: CJ hired firm after receiving a complaint from a former patient. The patient reported that CJ gave her the wrong medication and it caused her to become ill and require hospitalization. The patient reported this to CJ’s employer and the employer reported it to BON., Outcome: The firm requested the investigative file from BON. After review of the file, it appeared that there were 2 witness affidavits from the patient and her family stating that CJ was the nurse who provided the medication to the patient. However, there was no evidence, but for statements and reports regarding what the medication was. The firm therefore requested the actual doctor’s order for the medication. After a year of waiting BON provided additional records. Still, there was no order from the doctor. The firm therefore argued that there was no evidence to prove what medication was ordered. Meaning even if CJ provided the medication to the patient, he could have been issued the wrong medication by the doctor’s order. Based on the evidence the firm requested that BON dismiss the complaint. After review of the evidence BON dismissed the complaint.
- Texas Board of Nursing v. RK, Facts: RK hired firm after receiving a complaint from a former patient. The patient filed the complaint with the Board and alleged that RK incorrectly reported that she had HIV, forged records, did not report that she see her primary care physician (PCP), offered to take her to the doctor herself and did not report the secondary negative test results to the patient., Outcome: Prior to retaining the firm, RK submitted a response to the allegations herself detailing what occurred. After reviewing the response BON offered her a public disciplinary order requiring her to complete several hours of CE. The order would be public on her license verification and reported to the NPDB., The firm rejected the offer and requested the investigative file from BON. After review of the file, the firm drafted a supplemental response. In the response the firm argued that based on the language used by the testing facility, the results appeared on their face to have been verified and retested by the lab. Therefore, indicating to RK that retesting was not necessary. Further after review of RK’s employer’s policies, RK followed all policies and was not required to follow up with the patient after she received the negative results. She was only required to attempt to notify her of the negative results, which she did. We also provided expert opinions stating that RK acted as any other reasonable nurse would have in a similar situation. After review of our response, BON dismissed the complaint.
- Texas Board of Nursing v. K.W., RN, The Board alleged that our client breached the standard of patient care. Solely through submission of a robust rebuttal packet, the Firm secured outright dismissal of all allegations against our client. Once again, the Firm completely prevented adverse action by the Board at minimal cost to our client, this time at the earliest possible juncture.
- Texas Board of Nursing v. S.H., CRNA, The Firm’s aggressive discovery campaign has paid off for our client, with handsome dividends., The Board alleged that our Client fell asleep during a laparoscopic procedure. The Firm realized a material fact unbeknownst to the Board, which fundamentally altered the landscape of the case. The Firm began building a new defense theory upon this material fact. Through written discovery, the Firm also surmised that the complaints that initiated the Board’s investigation were factually dubious. The Firm followed up on this hunch by deposing the complainants this month., The Firm’s pointed questioning ultimately elicited testimony that substantiated the Firm’s suspicion; it was revealed that each complainant had indeed made material misrepresentations to the Board. Following this revelation, the Firm zeroed in for the kill, holding another round of depositions to test its new defense theory. The testimony elicited at these depositions unequivocally endorsed the new defense theory. Two business days later, the Board filed a Motion to Dismiss the case.
- Texas Board of Nursing v. N.J., Our Client, a Registered Nurse, conceded to the Board’s allegations prior to retaining the Firm. The Board proposed a settlement offer, called an Agreed Board Order (ABO), that was extremely adverse, and would have severely limited the scope of prospective employers. This ABO contained a skewed and misleading presentation of the facts at issue, which would have been attached to our Client’s public nursing profile. Our Client retained the Firm to negotiate this settlement offer., And the Firm did just that: through extensive correspondence with the Board, the Firm negotiated a far more favorable settlement offer. Specifically, the Firm submitted two waves of Exceptions to the ABO, both of which yielded success. The amended ABO reflecting these Exceptions broadens the scope of indirect supervisors and entails a dramatically more favorable presentation of the facts at issue., Take-away: The Firm’s successful negotiation broadened our Client’s employment options and minimized the impact on our Client’s livelihood.
- Texas Board of Nursing v. TT, Facts: TT received a complaint from BON alleging inappropriate conduct with a patient. The complaint alleged that TT had a relationship with the parent of a patient. The report came from another family member of the alleged victim., Outcome: The firm provided a response including evidence that TT would never cross boundaries or cultivate an inappropriate relationship with a patient. Based on sections of the Texas Administrative Code and the Texas Occupations Code the firm argued that TT did not violate any legal provision, and that BON had no jurisdictional authority to act. BON reviewed the response and dismissed the complaint, taking no disciplinary action against TT.
- Texas Board of Nursing v. WC, Facts: WC received a secondary complaint regarding allegations of sexual conduct with a former patient. The evidence presented included text messages, social media posts and app screen shots regarding WC and patient’s alleged sexual activity., Outcome: After WC retained counsel the firm provided a response to the allegations. The firm argued that the evidence was insufficient and unauthenticated. The firm further argued that the witnesses were unreliable and therefore not credible. BON proposed a disciplinary order with minimal CE requirements. BON agreed to modify the findings of facts within the order to state that WC denied the allegations and the order was approved.
- Texas Board of Nursing v. JA, Facts: Our client, JA hired us to assist in protecting her Texas nursing license. JA was offered disciplinary action prior to engaging our services., Outcome: The firm analyzed the relevant documentation and enabling Statute and Board rules. After presenting the client’s position based on the facts and law, the Board vacated the disciplinary action and issued a dismissal. Client can now pursue her career passion in nursing.
- Texas Board of Nursing v. FD 2, Facts: Our client, FD hired us to assist in obtaining his Texas nursing license. Our client passed but his eligibility exam after four year period established by the Board, and as a result the Board denied his nursing license., Outcome: The firm analyzed the relevant documentation, enabling Statute and Board rules. The Statute and Board rules did not inhibit the Board’s discretion to issue a license due to Board error. After presenting the client’s position based on the facts and law, the Board granted a license to our client. Client can now pursue his career passion in nursing.
- Texas State Board of Dental Examiners v. AQ, Facts: Our client, AQ, hired us to help him self-report a criminal history matter threatening his license as a dentist. AQ had been charged with a criminal offense that had the potential to destroy his professional reputation and lead to the loss of his license. He needed an aggressive law firm to advocate for him and defend his reputation, livelihood, and license before the Board., Outcome: The Firm collected and evaluated the documentation needed to explain the circumstances of the criminal matter and worked with his criminal defense attorney to obtain a positive outcome that did not impact AQ’s license with the Board. The self-report packet we submitted demonstrated why this license should not be impacted. After the Board completed their investigation, they agreed the criminal matter should not impact AQ’s license and we were able to resolve the matter without any harm to AQ’s license, reputation, or livelihood.
- Texas Medical Board v. LA, Facts: Client hired firm after receiving a complaint from TMB regarding failure to care for nine patients over a five-day period. TMB alleged that client was not providing the required care to these patients over several days. They also alleged that client did not document any care that was provided and did not document why treatment was not provided. TMB issued an expert report finding that client failed to meet the standard of care., Outcome: After a response was submitted, TMB issued a notice for an informal conference. During the conference the firm argued that client did not provide care due to a break in her mental health. The firm provided evidence that client was suffering from depression, anxiety and PTSD brought on by the COVID-19 pandemic. These issues were then exacerbated by a death in client’s family 4 days prior to her failure to treat. Client admitted wrongdoing and firm provided evidence of the corrective action client has since taken after this incident. TMB agreed to dismiss the matter with a non-disciplinary order and a referral to a mental health program.
- Texas Medical Board v. LC, Facts: Client hired firm after receiving a complaint from TMB alleging that she prescribed a controlled substance to a family member. The evidence showed that client had been prescribing her husband a controlled substance for over 10 years., Outcome: Firm submitted a response to TMB regarding the allegations and argued that client’s conduct was isolated in nature and still within the standard of care. The firm provided evidence of several other practitioners who prescribed the same controlled substance to her husband. Thereby proving that the controlled substance was medically necessary. The firm also provided evidence of a report conducted by another provider demonstrating that her husband was not misusing or abusing the controlled substance. Based on the provided evidence, TMB found no need for an ISC and issued client a non-disciplinary order.
- Texas Board of Nursing v. MHB, Facts: Our client, MHB, hired us to defend her against a complaint filed with her regulator alleging she had engaged in unlicensed activity as a nurse. She faced damage to her professional reputation, potential disciplinary action from the Board and a negative impact on her livelihood all due to the false complaint allegations believed to be filed by a disgruntled former employee., Outcome: The Firm collected and evaluated the documentation needed to fight back against the illegitimate allegations, and advocated on the client’s behalf to demonstrate to the assigned investigator that the complaint had no merit. We demonstrated to the investigator why the client had not violated the law and why the complaint needed to be immediately dismissed without further Board action. After the Board completed the investigation, the investigator agreed the matter lacked any merit, and needed to be dismissed. The client’s complaint was dismissed, and the Board took no action against her license, leaving her professional reputation and livelihood intact so she could continue doing the job she loved.
- Texas Board of Pharmacy v. ML, Facts: Client hired firm after receiving a complaint from TSBP regarding misconduct. The complaint alleged that client allowed a third-party access to the pharmacy and its medications. Client allowed a third party, unlicensed by TSBP, behind the counter of the pharmacy and allowed them to take medication off the shelf and converted the medication for their own use., Outcome: Firm submitted a response and attended an informal conference with the client. During the conference the firm argued that client did allow a third-party access, however, the person was a relative of the client. Further the person had a prescription for the medication that client allowed them to remove from the pharmacy supply. The person was only present at the pharmacy due to personal trauma the client was suffering from at the time of the allegations. We argued that client was going through some personal trauma which caused her to lapse in judgment. Since the incident, client had overcome her issues and was in a much better state of mental health. After the conference TSBP decided to issue client an order placing her on probation for one year. The order would not impact her ability to work or use her license.
- Texas State Board of Pharmacy v. VV, Facts: Client hired firm after he realized that he may not be in compliance with his continuing education. He realized while renewing his license that he did not complete a certain course that he was supposed to complete. He was over a year late on his deadline to complete., Outcome: Firm submitted a self-report in order to get ahead of any issue with TSBP. Firm argued that the deadline was not legally sufficient because the code did not include a deadline. The deadline was only listed on client’s renewal documentation and that is not sufficient to create a statutory deadline. Further, the TSBP had no corresponding code section that allowed them to take disciplinary action based on client’s conduct. Firm further argued that it would not be just to discipline client because he did not have true notice of the deadline. Firm counseled client to complete the course and submitted proof of completion and compliance to TSBP. After TSBP investigated they decided to take no action against client’s license.
- Texas Health and Human Services v. SK, Facts: Client hired firm after she received notice of abuse and neglect charges after an infant died in her care. After this incident, client’s daycare was placed on probation. While on probation another child almost died while in her care but was lucky revived by emergency personnel., Outcome: Client was set to go to trial on both cases as HHSC was seeking to revoke her licenses and place her name on the registry regarding the abuse and neglect of children. The firm provided evidence and argument that client was not at fault for the first infant death. There was evidence provided that client did not violate her standard of care nor her responsibility of supervision. Further evidence was provided to show that the infant death was unforeseen and not caused by any of client’s conduct. Next, regarding the second incident the firm provided the argument that HHSC had no jurisdiction over this matter due to prior statements by HHSC. After argument and evidence was provided HHSC dismissed all their allegations, removed her name from the registry and issued client back her license. Client then agreed to be placed on probation for three months
- Executive Council of Physical Therapy and Occupational therapy Examiners v. RM, Facts: Our client, RM, hired us to defend her against a complaint filed by a former employer alleging she committed fraudulent billing practices while working as an occupational therapist. She faced damage to her professional reputation, disciplinary action from the Council and a negative impact on her livelihood all due to the employer’s false complaint allegations she was now forced to respond to., Outcome: The Firm collected and evaluated the documentation needed to fight back against the former employer’s spurious claims, and worked with the client to prepare an aggressive, written response addressing both the facts and the law. The response packet we submitted demonstrated why the former employer was biased, why the complaint lacked merit, why the client had not violated the law, why disciplinary action was not appropriate and why the rules the Council was relying upon were improperly applied in the RM’s case. After the Council completed their investigation, they agreed the matter lacked any merit, and did not warrant disciplinary action. The client’s complaint was dismissed, and the Council took no action against her license, leaving her professional reputation and livelihood intact so she could continue doing the job she loved.
- Texas Behavioral Health Executive Council v. OA, Facts: Our client, OA, hired us to help her defend against a complaint filed with the Council and protect her Licensed Professional Counselor credential against potential disciplinary action stemming from complaint allegations filed by a disgruntled former supervisor., Outcome: The firm consulted with the client to understand the factual background of her case and then gathered the necessary documentation to protect the client’s livelihood. The firm prepared a strongly written response with exhibits to demonstrate how the client had not violated the law and had done everything she could to meet her obligations. After the Council staff completed their investigation, they agreed the complaint lacked merit, did not warrant disciplinary action, and dismissed the case against OA. The client was given a non-disciplinary warning letter reminding her of her obligations as a professional counselor and took no action against her license.
- Texas Department of Licensing and Regulation v. SP, Facts: Our client, SP, hired us to defend her against two complaints filed with the Texas Department of Licensing and Regulation to protect her license as a behavior analyst and reputation against potential disciplinary action. The groundless and retaliatory complaints were filed by two former, disgruntled employees, one of whom had been terminated from employment with our client for cause., Outcome: The firm consulted with the client to understand the facts in both complaints, and we gathered the evidence needed to explain to the Department that these allegations lacked merit and any evidence. The firm submitted a thorough response to both complaints showing how the complaints against SP had no merit and had to be dismissed because many of the claims did not even amount to potential violations of the law. After the staff evaluated our written submission, the Texas Department of Licensing and Regulation agreed there was no evidence to support any violations of the law by SP, and they dismissed both complaints against our client.
- Texas Board of Nursing v. MS, Facts: MS is a Registered Nurse who has been licensed since 2006, and as an LVN before that since 1998. She has no previous complaints or disciplinary history. She received a notice from Texas Board of Nursing that a complaint had been filed against her by her former employer and an investigation had been opened. The allegations were that, while working as an RN at a dialysis clinic, MS had failed to properly maintain records, follow doctor’s orders, monitor and administer care to a patient who later expired at the ER. She engaged Bertolino LLP to defend her license., Outcome: Bertolino LLP served a robust narrative response and 14 exhibits to the Texas Board of Nursing Complaint Investigator which showed that the allegations were baseless, unfounded and just plain wrong. The dialysis unit that MS was assigned to was woefully understaffed, and three other nurses had been called off of the floor, leaving MS to care for 14 patients. The medical records of the patient clearly showed that none of her actions led to his demise. The response also included a laundry list of mitigating factors, including letters of recommendation from colleagues and patients regarding MS’s fitness to practice. After this effective advocacy by Bertolino LLP, the Texas Board of Nursing sent notice to MS that “based on the information we have received, there is not sufficient evidence for us to prove a violation of the Nursing Practice Act. Therefore, the investigation has been closed and the investigative file has been expunged from your record. No action will be taken by the Texas Board of Nursing in this matter.”
- Texas Medical Board v. OA, Facts: Client hired firm after receiving a complaint from TMB regarding fraudulent prescriptions, overprescribing and improper patient-provider relationship. TMB alleged that client was not treating patients appropriately and then overprescribing the patients after not meeting with them. There were over 70 patients and prescriptions at issue along with a corresponding investigation with another agency., Outcome: After a response was submitted, TMB issued a notice for an informal conference. During the conference the firm argued that the client was a victim of fraud. Her former employer fraudulently took her license and issued prescriptions without her consent or knowledge. Further regarding the patients, the firm argued that the client only met with the employer to discuss their process for treating patients and was never a treating physician at the time she reviewed patient charts. After the informal conference TMB dismissed the complaint.
- Texas Medical Board v. EM, Facts: Client hired firm after submitting an application for licensure. He received an investigative inquiry from TMB regarding his application and prior criminal convictions. Client was convicted of assault over 20 years ago and he did not fully disclose the conviction., Outcome: Firm submitted an amendment to client’s application and explained the conviction along with describing client’s character since the event. The firm provided certified records with the supplement and argued that the prior conviction was no longer relevant to client’s current work as a physician assistant. After receipt of the amendment TMB approved the client’s application and issued him a license.
- Texas Board of Nursing v. GA, Facts: Client received a complaint from BON after a patient reported that she failed to discuss severe blood test results leading to an emergency room visit. The patient alleged that after his results were issued, client never called him and he ended up having to report to the emergency room for several days due to low blood sugar., Outcome: After client provided an initial response and received an order of direct supervision and monitoring, she rejected the order and retained the firm. Formal charges were filed against client and firm provided an answer to the charges. Within the answer the firm argued that client never received the blood test results and advised the patient prior to sending the tests in that the practice he was choosing never faxed the records to client’s facility on time. Evidence was provided that the results came in only after the patient had called to request them and that the patient did not follow client’s order and report back to the practice for a follow up visit. Client admitted to failing to make record of her communications with the patient after the results came in and her advice for the patient to seek emergency hospital services as he was no longer residing in the state of Texas. Based on these arguments the BON modified their order, removed all supervision and monitoring requirements and only required client to complete some continuing education.
- Texas Board of Nursing (“BON”) v. JA, Facts: JA hired firm after a complaint was received by BON regarding violations of employment privacy policies. The notice of allegation stated that JA brought home records with patient information along with patient medications., After requesting the evidence from BON, the firm provided a response. Within the response the firm argued that BON had no physical evidence that JA brought home patient records or patient medications. We also provided several character statements showing that JA is not the kind of licensee who would violate privacy policies. Arguing a lack of evidence and JA’s trustworthy character, the firm asked BON to dismiss., Outcome: After BON reviewed the response and corresponding evidence, BON dismissed the complaint for lack for evidence.
- Texas Behavioral Executive Council (“BHEC”) v. VJ, Facts: VJ hired firm after a complaint was received by BHEC regarding violations of licensee requirements. The complaint stated that VJ submitted fraudulent supervision hours in her application for licensure., After requesting the evidence from BHEC, the firm provided a response. Within the response the firm argued that her employer, the facility that filed the complaint, was uninformed regarding the requirements for licensure. The firm argued pursuant to the code, what was considered supervisory hours and what were not. The employer provided evidence that misrepresented VJ’s hours and did not account for a certain type of hour. Further, in addition to arguing what was considered supervision hours under the code, we also provided witness statements detailing the hours that VJ’s completed and additional CE certificates showing VJ’s dedication to her practice., Outcome: After BHEC reviewed the response and corresponding evidence, BHEC dismissed the complaint for lack of evidence.
- Texas Board of Chiropractor Examiners (“TBCE”) v. RM, Facts: RM hired firm after his application for licensure was denied due to a recent arrest for DWI and two prior arrests for possession and DWI., Firm provided a response regarding the recent and past arrests along with several character letters and a statement from RM regarding his ability to practice. Firm argued that under the code, an arrest could not be held against an applicant and shall not be a reason to deny licensure., Outcome: After a hearing before TBCE, TBCE agreed to dismiss the matter and grant RM licensure.
- Executive Council of Physical Therapy and Occupational Therapy Examiners v. DG, Facts: Our client, DG (“Client”), hired the firm to help him defend against the Executive Council of Physical Therapy and Occupational Therapy Examiners (the “Board”) investigating whether the Client obtained his license through fraud and/or deception and whether to consider restrictions on his license. Possible restrictions included no home health and no pediatric care because Client voluntarily surrendered his TEA teaching certificate after being accused of an inappropriate relationship with a student., Outcome: The firm drafted a narrative response explaining to the Board that a student began spreading a rumor Client was having a romantic relationship with another student, who denied the rumor. Attached as an exhibit was a letter from DFPS/CPS that states allegations of an inappropriate relationship with a student were ruled out. However, Client surrendered his teaching certification rather than fighting Texas Education Agency. After the Board held an Informal Settlement Conference with Client to interview him about the facts of the case, they sent a letter stating that Client’s investigation would be closed with no restrictions on his license.
- Texas Medical Board v. J.B., Facts: JB received a notice of complaint from the Texas Medical Board. The complaint came from his former hospital employer. The hospital filed the complaint against him because he allegedly quit his position as a treating physician without notice to the hospital or his patients, including patient RK. JB engaged Bertolino LLP to defend his license. JB was responsible for clinical treatment, in-patient, nursing home patients and was attending physician at the hospital ER. JB left employment at the hospital because of an acute crisis he was enduring regarding his workload of treating too many COVID patients and because hospital staff was not taking COVID seriously by not wearing masks or protective equipment. JB requested help from the CEO of the hospital because he was burned-out and afraid of contracting COVID. Afterwards, JB told the CEO of the hospital that he was not renewing his expiring contract with the hospital. JB first treated the patient RK and had to admit him to the hospital because he had heart and acute kidney failure. JB saw RK 2 or 3 times afterwards. RK had an appointment with JB, but never saw him because JB had already resigned from the hospital., Outcome: Bertolino LLP served a robust response with exhibits to the Texas Medical Board showing that other medical providers, including the ER, had been treating RK. RK was later discharged with no lasting harm. After an investigation, the Texas Medical Board sent a notice saying that the investigation had been dismissed because there was insufficient evidence that a violation of the Medical Practice Act had occurred. Texas Medical Board found that JB had resigned from the hospital in November 2021 and the network providers were available to care and treat RK afterwards. There was no evidence JB had a medical or psychiatric condition which could impair his medical judgement, or his ability to practice medicine, or that he had any disciplinary actions against him by peers.
- Texas State Board of Pharmacy v. ARH, Facts: Our client, ARH, hired us to defend against allegations of unprofessional conduct as a pharmacist. The Board staff claimed the client had acted unprofessionally and negligently in connection with handling a patient matter and had scheduled the client for an informal settlement conference to hear an explanation of what had occurred. The complaint was negatively impacting our client, who was anxious and stressed over the allegations impacting her long-time career., Outcome: The firm got the impending conference rescheduled so the client had adequate time to prepare her case. The firm then submitted a written response addressing the claims, demonstrating how the accusations lacked merit and how it was inappropriate to take any disciplinary action against our client. We then represented the client at an informal settlement conference with agency staff and Board members to address any questions. At the conference we stressed the agency needed to close the case because the complaint lacked any merit, and it would not serve justice to discipline our client. We demonstrated the complaint lacked merit and the panel of Board members decided to dismiss the allegations against our client without any action against the her license.
- Texas Medical Board v. AG, Facts: Our client, AG, hired us to help him obtain his physician license in Texas. The client had some issues in his past that could have negatively impacted his application. He wanted to make sure the matters were disclosed appropriately so that he could obtain a license without incident., Outcome: The firm obtained the client’s background records and drafted the necessary disclosure documentation, explaining the circumstances and outcome of the matters. The firm then worked to make sure the required records were provided directly to the Board. After proper disclosure of the history, the client’s application was approved, and he obtained his physician license.
- Texas Medical Board v. SG, MD, Facts: Our client, SG, MD, hired the firm to defend against allegations by the Texas Medical Board that he violated a standard of care with a patient. Client has been a licensed medical doctor since 5/15/2013 with no disciplinary issues. The complaint alleges client perforated patient’s bowel during colonoscopy that caused severe rectal bleeding, caused a delay in post-surgical care and client did not call an ambulance to transport the patient to the hospital., Outcome: The firm submitted a thorough written response addressing the allegations and included a narrative by the client with attached patient medical records and a map that showed the hospital was 300 ft. away across a parking lot from the surgical center. As a result of the response and attached exhibits, client’s care was noted to be informed, timely and professional the complaint investigation was closed, and the case dismissed without any action against our client’s license.
- Texas Department of Licensing and Regulation v. P.K., Facts: Our client PK, hired our firm to assist her in responding to a complaint filed with TDLR. The complaint stemmed from a work-related incident where PK was working as a speech pathologist with an infant- client. At the end of her session, the infant began to slide out of their highchair and PK grabbed the infant. When doing so, she made the infant’s feeding tube pop out. The parent of the infant witnessed the incident. Later, the parent reported the incident to PK’s employer. The employer was not made aware of the incident prior to the call, as PK never documented the incident in her case file. She was terminated and her employer filed a complaint with TDLR., Outcome: After review of the complaint, we submitted a response packet to the TDLR investigator. Within the response we argued that the incident that occurred was purely accidental. PK’s actions were not intentional and were only done in order to prevent the infant from further injury. Further legal argument was provided showing that since the incident occurred after the session had technically ended, PK was not required to notify her employer or to document the incident in her case file. After the response and additional character evidence was reviewed by TDLR staff counsel, the matter was dismissed by TDLR for lack of evidence.
- Texas Behavioral Health Executive Council v. B.B., Facts: Our client BB, hired firm to represent her legal interests during a scheduled informal conference. An informal conference was scheduled after a complaint was received and BB submitted her own response. The complaint alleged a variety of allegations relating to BB’s employment at a county jail. The complaint alleged through hearsay that BB was bringing drugs into the jail, having inappropriate relationships with inmates, failing to document case notes, concealing case notes and that she was essentially under investigation with the jail for these actions., Outcome: During the informal conference Bertolino LLP showed through several witness statements that all of the allegations were unfounded and consisted of confused, third party statements. The firm argued that if any of the allegations within the complaint were true, the jail would have actual physical evidence of the allegations and BB would have been criminally charged for her conduct. However, no physical evidence was provided. After the conference, Behavioral Health Executive Council spoke to several witnesses regarding the complaint. After such action Behavioral Health Executive Council found that they could not sustain the allegations and dismissed the matter.
- Texas Health and Human Services Commission v. B.P., Facts: Our client BP, rehired our firm to represent her on a secondary matter stemming from her original matter she hired us for back in June of 2021. In the summer of 2021, BP’s daycare was shut down by HHSC for a variety of deficiencies. Due to the shutdown, BP was not allowed to operate the daycare in any capacity. In the winter of 2022, HHSC accused BP of operating her daycare in direct violation of her prior adverse action. An HHSC investigator reported that she saw BP and several children exit BP’s daycare one morning and enter BP’s van. When the investigator approached, BP allegedly became hostile. Moments later, several more children were dropped off at the daycare and entered BP’s van. Over the course of HHSC’s investigation, the investigator reported that several parents and one child reported that the daycare was still operational. BP received a second notice of adverse action. The firm requested an administrative review of HHSC’s finding., Outcome: Prior to the administrative review, Bertolino LLP, submitted several parent statements contradicting and more specifically, correcting the parents’ prior statements to HHSC investigators. Further, the firm provided additional statements from BP’s neighbors around the daycare stating that they had not seen any children inside the daycare and that they believed the daycare to be closed. Lastly, the firm provided evidence that the daycare had not even had any electricity since January of 2021. Statements from BP’s electrician noted that he did not fix the issue until April of 2022 and when he entered the daycare to remedy the issue, the daycare was uninhabitable due to the absence of power for so many months. In addition to the evidence presented and argued during the review, the firm also noted that a majority of the witnesses that HHSC spoke to during their investigation spoke primarily Spanish. Further, one of the children that HHSC noted in their report as stating that the daycare was operational was five years old, nonverbal and who primarily understood Spanish not English. Therefore, the firm argued that their statements were not only misinterpreted but were not provided with full context in that children were allowed to be around the daycare, just not inside the daycare. This very specific detail was lost in translation by many witnesses and used to HHSC’s advantage. In closing the firm argued that the one incident where HHSC saw children coming out of the daycare was isolated in nature and that BP was merely transporting children to and from school. After the review, HHSC overruled their original finding and the matter was dismissed.
- Texas Board of Nursing v. SHR, Facts: SHR is a Registered Nurse who has been licensed since 2019 with no complaints or disciplinary history. She received a notice from Texas Board of Nursing that a complaint had been filed against her and an investigation had been opened. She engaged Bertolino LLP to defend her license. The allegations were that, while working as an RN at a home health care service, SRH had failed to properly maintain records, monitor or administer care to a patient, who subsequently expired., Outcome: Bertolino LLP served a response and 5 exhibits to the Texas Board of Nursing Complaint Investigator which showed that: SRH was neither employed with the home health care service during the initial dates of allegations and then she was a new employee on orientation during the later period of time at issue; SRH was not assigned to care for the patient – other nurses and staff were; SRH did not have a nurse-patient relationship and did not have a duty to care for the patient because she was not identified in the medical records as a primary caregiver. Medical records, organizational structure and policy records were requested from the home health care service by the Texas Board of Nursing Complaint Investigator but were never supplied. After effective advocacy by Bertolino LLP, the Texas Board of Nursing sent notice to SRH that “[t]he investigation conducted by this office has been closed” and there was no sanction on SRH’s license.
- Texas Medical Board v. R.V., Facts: RV hired our law firm to submit her application for licensure with the Texas Medical Board (“TMB”). RV had prior disciplinary history during her residency education, which she was required to disclose on her application. Our team submitted RV’s application and completed the proper forms that were required based on her educational history. Our team also submitted supplemental forms that explained in detail the incidents which occurred during her residency. Providing these responses ahead of time helped to facilitate the licensure process., Outcome: After the TMB received the application and forms, RV’s matter went through the standard TMB investigative process. After a few months, RV’s application was approved for full licensure with no investigation necessary by the TMB Enforcement Department.
- Texas Board of Nursing v. U.L., Facts: Our client UL, hired us to represent her against a complaint filed against her license by the Board of Nursing (BON). The complaint was initiated by her former employer. The BON’s complaint alleged that she misappropriated morphine. After an investigation was completed by her employer she resigned. Her resignation was not accepted, and she was terminated., Outcome: We submitted a response packet to the allegations which detailed how UL did not misappropriate morphine. We argued that the evidence was not sufficient to prove that she took the morphine for self-use or that she failed to administrator the morphine. We provided evidence that UL simply failed to timely document this single administration. Based on the arguments, the BON issued UL a corrective action. This action is not public and is not subject to an open records request. The action is also nondisciplinary. After UL completes her action, the matter will be dismissed.
- Texas Medical Board v. I.M., Facts: Our client IM, hired firm to assist him in responding to a complaint filed against him by TMB. The complaint alleged that he was aiding and abetting nonmedical staff in the practice of medicine at the medical spa where he worked as medical director. There was video evidence of a nonmedical employee injecting a substance into a patient’s face and lips. There were further allegations that he was not conducting appropriate physician- patient visits and that he was not qualified to perform certain procedures., Outcome: During an informal conference in front of a board panel, Bertolino LLP, argued that IM did not aid or abet anyone in the practice of medicine. We explained that the video was created without IM’s consent or knowledge. That the injector in the video was the CEO of the medical spa and the patient was the spa’s marketing director. We provided a statement from them that the video was meant for marketing and advertising purposes, and nothing was actually injected into the patient. Further, we provided a witness statement that corroborated IM’s statements regarding what he allowed nursing staff to do during patient visits and records of his past training in certain procedures. After the conference, the board dismissed the complaint and closed the matter.
- Texas State Board of Dental Examiners v. K.H., Facts: Dentist KH hired the firm to respond to a complaint filed with Texas State Board of Dental Examiners regarding an alleged Minimum Standard of Care violation of not maintaining a written informed consent signed by the patient. The firm researched the facts of the case and found out that the Complainant was not the patient, but an ex-fiancée who did not want to pay for the dental procedure after they broke up. The firm sent a Response to the TSBDE Preliminary Investigation of Client with attached exhibits containing complete patient records that showed successful dental treatment and pointed out that the Board had no jurisdiction over a third-party complaint regarding a fee dispute., Outcome: After the Response and Exhibits were received by the TSBDE, HK’s matter went through the standard process. Based on the Response and Exhibits, the TSBDE voted to close HK’s matter without any sanction on his license and kept confidential the details of the investigation from the public.
- S.W. v. G.D. et al, Facts: Our client, GD, hired Bertolino Law Firm to defend him in an appeal concerning a patient’s civil malpractice claim in connection with dental work our client performed. The firm represented GD in the trial court, and we won the case at the summary judgment stage based on several arguments, but the patient appealed., Outcome: The firm submitted a brief to the court of appeals explaining why the trial court judgment was correct. While preparing the brief, we recognized a misstep the other side made by failing to address a key aspect of the trial court’s judgment. We successfully argued that because this issue was not addressed, the court of appeals should decide the case in our client’s favor without considering the other side’s legal arguments. As a result of this waiver argument, the court of appeals immediately ruled in our client’s favor, and our client did not have to continue with a lengthy legal proceeding that could have gone on for another year.
- Texas Medical Board v. M.G., Facts: Our client MG, hired firm to represent her for a second time, against allegations brought by TMB. MG had two separate cases with TMB both set for an informal settlement conference. The first case was related to allegations stemming from her first matter. That prior case resulted in a non-disciplinary sanction. However, TMB brought the case back up for a second time and argued that the first time around TMB was not specifically making allegations regarding this specific matter. The allegations were that MG resigned her privileges from a hospital while under investigation. The first case regarded her resignation from another hospital and that she did not tell this hospital about the resignation. This case was used as “background” information for the original matter. However, several hundreds of pages of documentation for this case were provided for the original case. No substantially new documentation was provided for this matter., The second case regarded MG’s termination from an out of state hospital. Originally the hospital terminated MG for cause. However, after further review and consultation with her out of state attorney, the hospital modified the termination to be without cause., Outcome: During the informal conference, we argued that TMB should not have brought back the first case because it was essentially the exact same case as her prior matter. The firm argued that although this matter was not the main allegation in the prior case, it was substantially argued, and evidence was provided in order to further TMB’s assertions. TMB staff argued that since this matter was not cited in MG’s non-disciplinary sanction and was not officially sited in the summary of the allegations, it was not a repeat matter. Firm countered these arguments by providing evidence that even though TMB did not follow up on this matter, it was closed by the time MG had her first informal conference. Therefore, no new information or issues were raised and all the questions TMB staff asked of MG during the informal conference were already asked during the first informal conference. Thereby showing that the matters were the same and that it would be unjust to recommend disciplinary action for conduct MG already received action for. This panel agreed and specifically pointed out to TMB staff that this current matter was resolved back in 2020 and that TMB had ample opportunity to specify this case in MG’s original matter. It was not MG’s fault that TMB did not take such action. The panel dismissed this matter. Regarding the second case, the firm argued that since MG’s termination was not for cause, there was no reason to discipline her. There was no evidence provided by TMB that MG committed any type of misconduct that caused her termination. Essentially the hospital agreed that they terminated her for no reason at all. TMB staff tried to use MG’s own admission that she was late on the day that she was terminated, as a rational for disciplinary action. However, the firm countered that argument by stating that even if she was late, that did not rise to the level of misconduct. Further, without any documentation from the hospital, TMB cannot say that was even considered in the hospital’s original rational for termination. The panel agreed and again dismissed this matter.
- Texas Department of State Health Services v. A.M., Facts: Our client, A.M., faced a complaint filed by the Department alleging that our client falsified a medical report and allowed a subordinate to practice outside his scope. The Department pursued the matter through the investigative phase and argued that our client committed acts which required discipline., Outcome: Through negotiations with staff counsel, Bertolino LLP was able to modify the language regarding the finding of facts within the proposed agreed order and afforded the client only a simple reprimand within the order. Therefore, the order issued no requirements or conditions against the client.
- Texas Behavioral Health Executive Council v. K.C., Facts: Our client K.C., faced a complaint filed by her former employer alleging that she violated the Texas Administrative Code by creating a dual relationship with a former client. The Executive Council pursued the matter through the investigative phase and argued that our client should not have entered into a business relationship with her former client., Outcome: Through vigorous negotiations with staff counsel, Bertolino LLP was able to secure a non-disciplinary reprimand for our client. The reprimand required the completion of a few continuing education courses. The matter was closed and with no public record.
- Texas State Board of Occupational Therapists v. J.Y., Facts: A former employer of JY’s filed a complaint against her for negligence and for failing to provide timely reports after treatment sessions. The Board requested a response to the complaint from JY., Outcome: Bertolino LLP submitted a written response and provided evidence showing that JY did submit a majority of her reports prior to her resignation. Bertolino LLP successfully argued that there was no evidence of negligence and that the complaint was retaliatory in nature. The Board dismissed the complaint.
- Texas Medical Board v. A.U., Facts: AU was a licensed physician until he signed an Agreed Board Order (“ABO”) suspending his medical license. Prior to signing the ABO, AU was investigated by the Texas Medical Board (“TMB”) for professional misconduct, two of which resulted in AU’s arrest. The order suspended AU’s license until his treating physicians could advise that he was able to safely practice medicine again. After a year of compliance with the ABO, AU requested that the suspension be terminated., Outcome: During an Informal Settlement Conference, Bertolino LLP submitted evidence of AU’s regained ability to safely practice. The firm submitted AU’s compliance reports, proof of employment, community service hours, and a letter from a treating physician concluding that AU was ready to reenter the field of medicine. Bertolino LLP also argues AU’s criminal matters. The Board granted AU’s request and terminated the suspension pending AU’s educational evaluation with an internal program.
- Texas Board of Nursing v. C.L., C.L. allegedly failed to follow the proper wasting procedures for medications at a large hospital in Houston, Texas and was accused of using the medication for herself. C.L. vehemently denied the allegations. In response to the complaint, C.L. hired our firm to compile all the required documentation and respond in writing to the Board’s investigators. After doing so, the firm convinced the Board that the allegations had absolutely no merit, and the Board dismissed the complaint.
- Texas Board of Nursing v. P.S., P.S. is a licensed vocational nurse. While working as a home health nurse, P.S. aggressively handled a young child who was ventilator-dependent, used lewd language directed at the child and fell asleep during her shift. The mother of the child reported the conduct, which was caught on video, to the home health agency, which later reported the conduct to the Board., After a response to the allegations was submitted by counsel, the Board allowed P.S. to keep her license and issued her a Board Order. The Order placed her on probation and required that she complete certain continuing educational courses.
- Texas State Board of Pharmacy v. E.U., E.U. is a licensed pharmacist. E.U. negligently allowed thousands of invalid prescriptions for controlled substances to be issued to clients. E.U. missed key factors and signs that she was filling invalid prescriptions over the course of two years. The Board initiated an investigation after the DEA investigated the pharmacy while E.U. was working., After an informal conference with the Board, E.U. and counsel, the Board agreed to allow E.U. to keep her license and issued her a Board Order. The Order placed her on probation for 3 years, when the general guideline sentence is 5 years and issued her $3,000 fine, when the general guideline fine is $5,000.
- Texas State Board of Pharmacy v. G.T., G.T. is a licensed pharmacist. After a physician negligently prescribed him with a controlled substance for back pain, he became addicted. When he could no longer get the prescriptions from his physician, he began stealing medications from his pharmacy while on duty. When the pharmacy discovered the theft, they reported his conduct to the DEA and the Board. G.T. was arrested by the DEA and an investigation was initiated by the Board., After an informal conference with the Board, G.T. and counsel, the Board agreed to issue G.T. a confidential Board Order. G.T. was placed on probation and required to complete a program. The investigation and the Order will remain confidential and will not be subject to public disclosure.
- State Board Of Dental Examiners v. N.M., N.M. applied for a Texas Dental License in July 2020. The Texas State Board of Dental Examiners (the “Board”) denied his request based on a felony charge with no final disposition. Seven years earlier, N.M. received a deferred adjudication for a second-degree felony offense of Possession of a Controlled Substance and sentenced to 10 years probation. N.M. hired Bertolino to appeal his license denial. After hearing from the attorneys at Bertolino, the Board ruled N.M. successfully fulfilled all statutory requirements to become a licensed dentist and granted him a Texas Dental License under a five-year probated suspension, which included no period of enforced suspension. He is fully licensed to practice dentistry as long as he abides by the Dental Practice Act and the rules and regulations of the Board.
- Texas Physician Assistant Board v. T.C., Facts: T.C. is a licensed Physician Assistant since 2007. He had been disciplined by the Texas Physician Assistant Board for unprofessional and dishonorable conduct and for violating Board orders. The Board entered several Modification Orders afterwards for failure to comply with earlier Orders, including requirements for continuing medical education and restrictions on his license. On December 20, 2019, the Board entered an Order of Temporary Suspension Without Notice, suspending his license as a physician assistant. T.C.’s previous attorney did not appeal his Temporary Suspension Order Without Notice of Hearing, and T.C.’s Texas Physician Assistant License was canceled., Outcome: T.C. engaged Bertolino Law Firm afterwards and filed an Application for Temporary Suspension or Restriction of Texas Physician Assistant License With Notice of Hearing. A hearing was held in which evidence and testimony that T.C. did not violate the Board Orders was heard by the Board. After the hearing, the Board entered an Order of Temporary Restriction which lifted the temporary suspension placed on T.C.’s license.
- Texas State Board of Pharmacy v. E.B., Under substantial stress and pressure from work, our client, E.B., illegally issued prescriptions to themselves. E.B. responded to their conscience and self-reported to the Board. The Board notified the police, and criminal prosecution began. E.B enrolled in the Peer Recovery Network and went to drug treatment for ninety days. After completing treatment, E.B. secured a very favorable plea deal in their criminal case., After defending E.B. at an informal conference, the Board proposed that E.B. be placed under probated suspension, to settle the matter. E.B. faced revocation at the outset of the case, so they were elated to resolve the case with a settlement that permits them to continue working.
- Texas Board of Veterinary Medical Examiners v. T.H., T.H. is a veterinarian who was alleged to have kept inadequate records after being called out by police in the middle of the night to aid in the apprehension of two horses running loose on the side of the road. The horses were extremely malnourished and sick, so T.H. ordered they be euthanized. T.H. successfully euthanized one of the horses without incident; however, the other horse was unruly and running wild. T.H. then obtained authorization to immobilize the horse with darts containing succinylcholine, but neither worked. T.H. then determined that the second horse would also need to be euthanized, so T.H. discussed the same with the law enforcement officials on the scene. When initial efforts failed and the law enforcement officials could not procure the items needed to subdue the horse, they were forced to fire at the horse to bring it down. After an investigation by the Texas Board of Veterinary Medical Examiners (TBVME), an informal conference (IC) was scheduled. We attended T.H. at the IC and presented evidence that he, at all times, was in strict compliance with all applicable laws, rules, and regulations.
- Texas State Board of Examiners of Psychologists, IMO L.H., T.H. is a psychologist who applied to the Texas State Board of Examiners of Psychologists (the “Board”) for licensure. Shortly thereafter, T.H. received notice the Board was denying T.H.’s application due to the fact that a gap of greater than two years existed between the date of completion of T.H.’s hours of supervised experience and the date of T.H.’s application for licensure. However, a Board rule allows for a waiver of this two-year gap rule upon a showing of “good cause.”, The Board invited T.H. to make a case for such “good cause,” which led T.H. to hire our firm to represent them at the Board meeting. We attended the Board meeting with T.H. and presented a case for why good cause warranted a waiver of the two-year gap rule. After successfully making the case, the Board granted the waiver and will issue a license to T.H.
- Texas State Board of Examiners of Psychologists v. A.L., A.L. is a licensed psychologist who was alleged to have engaged in sexual improprieties with one of their patients. The Texas State Board of Examiners of Psychologists (the “Board”) therefore began in investigation, requested a written response to the allegations, and set an informal settlement conference (“ISC”)., After submitting a written response to the allegations, which we found to be completely baseless, we successfully obtained a dismissal of the complaint from the Board. Our investigation of the matter revealed that the complainant was making completely false allegations and had a history of doing so, particularly with regard to making sexually-related claims against licensed psychologists.
- IMO K.K., Our Client, K.K., M.D., fell victim to bad politics while working for a hospital outside Texas. Those politics resulted in K.K.’s application for a full medical license in Texas being held up. K.K. tried, but was unable to work past those issues by himself. Through diligent and persistent efforts, we resolved these issues, and K.K. was granted a full license. They are set to begin practicing medicine in Texas very soon.
- Texas State Board of Examiners of Psychologists v. D.C., Our client, D.C., a former psychologist licensed outside Texas, encountered a challenge in their application for a license to practice psychology in Texas. Years ago, D.C. surrendered their license based on allegations they had on an improper relationship with a former client., After surrendering their license, D.C. had to close down their practice, settled related civil litigation, drained their retirement accounts, moved to Texas, and wound up in homeless., The Board requested D .C. provide a written explanation and attend a meeting before all Board members to explain why D.C. should be granted a license despite the surrender of D.C.’s out-of-state license., We provided evidence to the Board that D.C. had genuine remorse for their conduct (not just its consequences) and had rehabilitated. One of our attorneys attended the Board meeting with D.C. Shortly thereafter, the Board granted D.C. a license, contingent upon them submitting to continued psychotherapy for 2 years and other minor probationary terms .
- IMO A.S., Our client, A.S., M.D., was terminated from their fellowship because they left an intern to watch a patient, so A.S. could attend to a personal matter. A.S. was available by phone and responded to a question posed by the intern via text message. However, under the circumstances, A.S.’s Fellowship Director considered leaving the premises improper. Consequently, A.S. lost their VISA status because of their termination from the fellowship and thus had to move out of state. A.S’s spouse was duty bound to stay in Texas for work, so the two had to live very far from one another for more than a year., The Fellowship Director submitted documentation to TMB, claiming that A.S. had competency and integrity issues. By providing TMB a written explanation of exactly what happened and A.S.’s rehabilitation from the incident, we convinced TMB that A.S. had the requisite character and fitness to be trusted with a license. TMB granted their application days after we submitted the written explanation. A.S. has since begun their fellowship and is well on their way to full medical licensure.
- Texas State Board of Dental Examiners v. A.G., Our Client, A.G., was alleged to have violated their duty of fair dealing with respect to a geriatric patient with dementia (“Patient”). A.G. was sent to the nursing home where the Patient lived and conducted a full mouth assessment and x-rays, free of charge. A.G. observed severe periodontal disease, two irreparably broken teeth, and a pronounced cross bite which was causing wear on many teeth, among other issues., A.G. developed a treatment plan and proposed procedures to resolve all the issues A.G. observed, as was their legal duty. The treatment plan was intended, per company policy, to be presented to the Patient’s responsible party, so the Patient’s responsible party could make informed decisions about which procedures to authorize and which to reject. The Patient’s responsible party did not bother to have that conversation and sought a second opinion from the Patient’s long-time family dentist. The family dentist was asked by the Board to submit a statement of his opinion of A.G.’s treatment plan., The family dentist claimed, in a sworn statement to the Board, that none of the procedures proposed by A.G. were warranted. Although A.G. had never met the Patient’s family dentist before, A.G.’s treatment plan was essentially an indictment of the substandard care the family dentist had provided to the Patient for thirty years. The family dentist’s statement that A.G.’s treatment plan was predatory was the only argument they could make to defend against the indictment of their own work made by the treatment plan., By written submission and zealous defense at an ISC, the firm secured a dismissal for A.G. has returned to work with the stress of this matter lifted off their shoulders, and we are very happy for them.
- Texas Medical Board v. P.A., Our client, P.A., was called before the TMB for an ISC due to two misdemeanor offenses on their record, which had been properly disclosed to DSHS. P.A. endured a tough time in their marriage, which resulted in charges related to domestic disputes. TMB alleged that the criminal offenses might indicate that he should not be trusted with a license., We submitted a written rebuttal to the allegations, explaining the story in full detail, and describing P.A.’s rehabilitation since those incidents. P.A. has ceased drinking, repaired his marriage (his spouse attended the ISC on their behalf), become intensely engaged with their local church, and done extremely valuable work as an MRT. P.A. did very well under questioning from TMB, and we conveyed to the panel members the significance of the changes P.A. has made in his life since the incidents. TMB dismissed the case.
- Texas Medical Board v. F.G., The Texas Medical Board (“TMB”) assumed jurisdiction over Medical Radiologic Technologists (“MRTs”) on September 1, 2017. Previously, MRTs were under the jurisdiction of the Texas Department of State Health Services (“DSHS”). As part of that transfer of jurisdiction, the TMB ran a dragnet background search on all licensed MRTs and set informal settlement conferences (“ISCs”) for those who had criminal history, even if the same was disclosed to DSHS., Decades ago, F.G. entered into a plea agreement in an out-of-state criminal matter. Years later, F.G. retained an attorney to pursue expunction, but the attorney’s malpractice led to a denial of the expunction., TMB alleged the plea agreement indicated that F.G. should not be trusted with an MRT license. We wrote to TMB on behalf of F.G. to explain the facts and circumstances underlying their case and attended the ISC with F.G. to present additional information and evidence. At the ISC, TMB dismissed the case. F.G. could not be happier.
- Texas Medical Board v. G.V., M.D., The Texas Medical Board (“Board”) began prosecuting our Client, G.V., M.D., after he self-reported an arrest which occurred on Christmas of 2015. The arrest was purportedly based on driving while intoxicated, but there were a number of acts committed by the charging police department, which called the integrity of their claims into question., After receiving the self-report, the Board ran a drag-net, searching for further bases to prosecute our Client. The Board found records, suggesting that our Client had been improperly prescribing medications to his wife. While G.V.’s criminal attorney worked to secure a dismissal, based on an utter lack of evidence (chain of custody was non-existent for blood sample, which took a month to arrive at the lab, and dash video of the field sobriety test, which would have exculpated our Client, was conspicuously missing), we explained the Board that our Client was engaged in a successful regimen of collaborative medicine; he did not write the original prescriptions, but, rather, issued refills, with the full knowledge and consent of the original prescribers., After G.V.’s attorney secured a dismissal of the criminal charges, we convinced the Board to take non-disciplinary action. Instead of the severe discipline originally proposed by the Board, G.V. need only to enroll in continuing education courses related to proper prescribing practices and pay a fine.
- Texas Board of Nursing v. C.O., The Texas Board of Nursing (“Board”) prosecuted a complaint (“Complaint”) against our Client, C.O., LVN, which alleged she was responsible for a patient death which was caused by discontinued seizure medication., While C.O. inadvertently discontinued the seizure medication, she was not responsible for the patient’s death. C.O. was a PRN nurse who only visited the pertinent facility twice a month. The facility had a number of policies and procedures in place designed to catch medication errors before they caused serious patient harm. At least ten full-time employees at the facility were charged with carrying out these policies, but all ignored same. The patient did not begin to experience seizures until thirteen days after the medication was discontinued – which means that the medication error policies were ignored for the same span. The error was not caught until sixteen days after the discontinuation – the next shift C.O. worked at the facility. By then, the patient had to be transferred to a larger facility, and soon expired., By providing the Board with a thorough explanation of the willful violations of the facility’s medication error policies and expounding the details of C.O.’s stellar ten-year career as a nurse, we secured a remedial, non-disciplinary settlement for our Client.
- Texas Medical Board v. B.H., MD, Our Client, B.H., MD, faced a complaint (“Complaint”) brought by the Texas Medical Board (“Board”), which alleged that B.H. failed to properly utilize the Texas Electronic Death Registry for a patient who passed away at the hospital where B.H. was the attending physician. B.H. did not receive notice of the death certificate from the funeral home until far later than required by law, which was the crux of our argument in his defense., We secured a dismissal of the Complaint at an informal conference before a panel of the Board, by providing satisfactory evidence that the funeral home was at fault for the late Death Registry entry, not B.H., A Record Month of Dismissals
- Texas State Board of Dental Examiners v. K.S., DDS, Our Client, K.S., DDS, faced a complaint (“Complaint”) filed by a client who claimed to have been harmed by bridgework which K.S. was involved in. The Texas State Board of Dental Examiners (“Board”) prosecuted the Complaint, alleging that K.S. breached the standard of care in bridgework and that she failed to maintain adequate records for the treatment provided to the complainant., We secured a dismissal of the Complaint at an informal conference before a panel of the Board, following a single written submission, wherein we proved that K.S. indeed maintained perfectly adequate treatment records and was not at fault for the issues which transpired the bridge. In fact, the complainant’s conduct contributed heavily to the issues, and the remaining blame belonged to the laboratory responsible for producing the bridge.
- Texas Medical Board v. D.T., M.D., Our Client, D.T., M.D., faced a complaint filed by a former client which alleged that she had delayed notifying a patient that a biopsy had revealed skin cancer and delayed scheduling surgery. Another doctor had completed a biopsy, but failed to notify D.T. and never followed up to ascertain the results. D.T. found out about the biopsy when the patient called months later to inquire about results. The person responsible for scheduling surgeries made an error in the computer system and indicated that an appointment had been set when it had not., We submitted a written rebuttal, conveying to the Board that D.T. was not even aware that a biopsy had been done on the patient, let alone that cancer had been discovered. The Board dismissed the complaint and took no disciplinary action against D.T.’s license.
- Texas Medical Board v. D.S., Our Client, D.S., was in the midst of a contentious and toxic custody battle with their ex-spouse, who had also filed a complaint against our client with the Texas Medical Board, alleging that our client was addicted to drugs, had violated HIPAA, and improperly prescribed controlled substances and dangerous drugs to non-patients., We submitted a written response, revealing the truth: that D.S. had committed only one minor violation, while the rest of the allegations were lies the ex-spouse concocted out of spite. We attended an ISC before a panel of the Board, where the complainant, D.S.’s ex-spouse, showed up to repeat their false claims., Subsequently, the Board proposed a non-disciplinary remedial plan. After minor negotiations with the Board over the language in the plan, D.S. happily signed it.
- Texas State Board of Physical Therapy Examiners v. J.R., Complaint Dismissed With No Disciplinary Action, Our Client, J.R., faced a Complaint (“Complaint”), filed by his former employer, after a patient (“Patient”) with a history of cardiac complications expired. J.R. visited the Patient, in his home, to provide physical therapy., Prior to visiting, J.R. thoroughly reviewed the Patient’s treatment records, prepared by other healthcare professionals. The records did not contain any indication of the Patient’s history of cardiac complications, except a low-dose, common medication which can be used to mitigate cardiac complications. Upon J.R.’s arrival, the Patient was already anxious and eager to exhibit his ability to walk. J.R. advised the Patient to slow down, as there was a serious risk of a fall. The Patient ignored J.R.’s instructions and proceeded to ambulate well beyond safe limits. To make matters worse, shortly thereafter, the Patient consumed a pill, without notifying J.R. The Patient became belligerent when J.R. attempted to slow him down, to keep him safe, causing the Patient’s heart rate and pulse to skyrocket., J.R. notified the Patient that he intended to call EMS, based on the Patient’s cardiac condition. The Patient was recalcitrant, threatening to file a complaint against J.R. with the Board if EMS was called. In tandem with his rising anger, the Patient’s heart rate and pulse rose. J.R. called the Patient’s doctor but could not get through. Realizing that neither contacting EMS nor the Patient’s doctor were viable options, and needing to soothe the Patient, to drop his heartrate and pulse into a safe range, J.R. shifted the conversation to small talk. This strategy worked, and the Patient’s pulse dropped to a safe range., When the Patient fully stabilized, J.R. informed the Patient of signs to watch for, which would indicate risk of a cardiac event, and provided phone numbers to call in case of same. As J.R. left the Patient’s house, the Patient thanked J.R. for the treatment, and indicated that he looked forward to the next session. Unfortunately, that session did not come to pass, as the Patient expired some time in the evening or morning after J.R.’s departure., J.R. was terminated for the Patient’s death and his former employer filed the Complaint. J.R. was forced into bankruptcy by the controversy and had very limited defense funds. The Board alleged gross negligence and threatened severe disciplinary action. By capturing the truth of matters in a written rebuttal, and subsequent addendum to same, we convinced the Board to dismiss the Complaint, and take no disciplinary action against J.R.’s license. And we did so within a tight budget.
- Texas State Board of Examiners of Professional Counselors v. D.C., Complaints Dismissed After Written Rebuttal, Our Client, D.C., faced two Complaints (“Complaints”), alleging ethical violations. We prepared and submitted written rebuttals to both Complaints and attended a Disciplinary Committee meeting held by the Texas State Board of Examiners of Professional Counselors (“Board”). Through our written rebuttal, and the outcome of the Committee meeting, we convinced the Board to take no disciplinary action against our Client’s license.
- Texas State Board of Occupational Therapy Examiners v. R.B., Complaint Dismissed & Back Pay Recovered, Our Client, R.B., a COTA/L and Director of Rehabilitation, faced a complaint (“Complaint”), filed by his former employer, which alleged fraudulent billing practices., We compelled R.B.’s former employer to enter a pre-litigation settlement to the tune of $10,000 for overtime backpay. We also ascertained that R.B. did not commit fraud at all, but rather, selected the wrong client on a fickle drop-down menu in the digital billing system used by R.B.’s employer. In February, after participating in an Informal Conference, we convinced the Texas Board of Occupational Therapy Examiners to dismiss the Complaint, and take no disciplinary action against R.B.
- Texas State Board of Pharmacy v. O.A.A., Complaint Shut Down With Help From Handwriting Expert, Our Client, O.A.A., Pharm.D., R.Ph., faced a complaint (“Complaint”), based on a signature, purportedly authored by O.A.A., on fraudulent documents sent to the Virginia Board of Pharmacy. The Texas State Board of Pharmacy (“Board”) prosecuted our Client and set an Informal Conference to discuss same. And tremendous value hung in the balance: our Client has R.Ph. licenses in eleven other states, each and all of which would have been implicated by an adverse result for the Texas Complaint., We retained an eminent hand-writing analyst and incorporated her expert analysis into a written rebuttal more than fifteen days before the Informal Conference. Our written rebuttal convinced the Board to dismiss the Complaint and take no disciplinary action against our Client. Afterward, we prepared administrative Complaints for our Client, who then filed same with the Virginia and Texas Boards of Pharmacy. At the earliest available opportunity, we shut down the Complaint and put our Client from the defensive onto the offensive.
- Texas State Board of Physical Therapy Examiners v. K.F., Our Client, a Physical Therapist (“K.F.”) with an impeccable and extensive practice history, was alleged to have made racist remarks to a Hispanic patient (“Patient”). K.F. has cherished Hispanic siblings, and was horrified by the baseless allegations lodged against her. Treading in charged territory, we managed to expose and relay to the Board certain subtle matters, which revealed the Patient’s representations were unfounded. Through submission of an expository Response Packet (our proprietary case-opening instrument), we were able to secure a dismissal at the earliest available juncture.
- Texas State Board of Dental Examiners v. T.J., Our Client, a pediatric dentist (“T.J.”) with a clean record and excellent practice history, dutifully self-reported an incident where a patient (“Patient”) experienced a seizure after sedation, for reasons which have not yet been ascertained. The Board responded by suspending his sedation certifications, without notice, and dragging him to a Probable Cause Hearing, to explain himself., With his sedation certifications suspended, T.J. was essentially unable to practice, and the logistical nightmare that ensued placed serious strain on the practice. Never before had our client had any such issues occur from sedation, despite administering the same regimen over 5,000 times., Through submission of a pre-hearing and post-hearing brief, we were able to convince the Board to abandon its suspension, and dismiss the case from the State Office of Administrative Hearings. Our briefing and performance at the Probable Cause Hearing restored our Client’s sedation certifications, and brought his practice back into ordinary working order.
- Texas Medical Board v. J.J., Our Client, a Medical Radiologist (“J.J.”) was investigated by the Texas Medical Board (“Board”), for two criminal charges on his record, pursuant to the transfer of jurisdiction over Medical Radiologists from the Texas Department of Health and Human Services (“DHHS”). J.J. had previously disclosed both offenses to DHHS upon becoming licensed for the first time, and, yet, the Board still proposed public discipline, which may have interfered with J.J.’s employment prospects and professional reputation., E.G., as Executor of Estate of R.G., Decedent v. R.V., By virtue of our substantial knowledge of the legal authority governing the manifold professional licenses recognized in Texas, we successfully mediated a commercial services contract dispute. Just before mediation, we devised a legal theory, which revealed said contract to have been illegal and void, due to Defendant (“R.V.”) lacking the statutorily-required licensure to perform the commercial services contracted for. Because Decedent (“R.G.”) was not aware that Defendant was not properly licensed, E.G. reserved a viable claim to recover under the void contract.
- Texas Board of Physical Therapy v. J.C., A Dismissal Secured in the Face of Fraud Allegations, Our Client, a Physical Therapist (“J.C.”), was investigated by the Texas Board of Physical Therapy (“Board”), for allegedly committing Medicare fraud by charging for services not rendered. Through various pre-litigation maneuvers, we obtained documentation and prepared a response, which quickly stifled the complaint and secured a dismissal. At the earliest possible juncture, our tactful representation freed J.C. up to practice, without a complaint hanging overhead.
- Texas State Board of Dental Examiners v. T.J., D.D.S., Suspension Lifted, Favorable Result Secured, In April of this year, our Client, a pediatric dentist, self-reported an incident which resulted in a patient seizing after being sedated; the cause of the seizure remains unknown. In June, the Board responded by suspending our Client’s Anesthesia Permits without notice and dragged him across the state to appear at a Probable Cause Hearing and answer for the incident. The suspension created tremendous havoc and stress for our Client’s office, its many employees, and their families., After an aggressive campaign on behalf of our Client, which entailed pre- and post-hearing briefings and oral arguments before an Administrative Law Judge (“ALJ”) in the State Office of Administrative Hearings (“SOAH”), we convinced the Board to lift the suspension – before the ALJ even had an opportunity to issue a ruling. With the suspension lifted, our Client’s ability to practice and meet the needs of his patients was fully restored., Days later, the Board dismissed the case from SOAH and began to negotiate a settlement. After extensive negotiations, we obtained a non-disciplinary remedial settlement order for our Client this month, which seemed near-impossible at the outset of the case. Our zealous advocacy of our Client’s interests brought the Board to the negotiating table and secured an excellent result.
- Texas Board of Nursing v. W.S., Complaint Dismissed Outright After Written Argument, Our Client, W.S., a L.V.N., faced a complaint (“Complaint”), filed by his former employer, with the Texas Board of Nursing (“Board”), which alleged W.S. (i) exceeded his scope of practice, (ii) obtained medications improperly, (iii) violated the professional boundaries of the nurse/client relationship, (iv) and inappropriately manipulated the patient schedule, delaying further appointments for imminent medical issues. By discovering the bad-blood politics beneath the surface, and preparing a robust written argument, we convinced the Board that the allegations were false, and secured an outright dismissal of the Complaint, with no disciplinary action taken against our Client’s license., Texas Real Estate Commission v. J.R., Board Decision Reversed on District Court Appeal, Our Client, J.R., a licensed real estate sales agent and former Federal Firearms Instructor, plead guilty to conversion of ammunition belonging to the federal government in 2014. J.R.’s conversion case contained substantial mitigation, but J.R. plead out pursuant to legal advice from his criminal attorney. The Texas Real Estate Commission (“TREC”) sought to revoke J.R.’s sales agent license. After successfully pleading J.R.’s case to an impartial Administrative Law Judge (“ALJ”) in the State Office of Administrative Hearings (“SOAH”), and saving J.R.’s license from revocation, TREC grossly violated the bounds of their judicial discretion and improperly manipulated the ALJ’s decision in order to revoke J.R.’s license. We appealed the case to a District Court and convinced the Judge that TREC’s abuse of discretion and unauthorized conduct was not only improper, but so improper as to pass the threshold for a reversal of TREC’s decision, pursuant to stringent standards of review.
- Texas Board of Occupational Therapy Examiners v. V.G., The Texas Board of Occupational Therapy Examiners (TBOTE) investigated an allegation from V.G.’s former employer that he fraudulently billed for services which he purportedly did not render. This was not the case, and we convinced the Board of as much, solely through submission of a written rebuttal, which marshalled evidence that the complaint lacked integrity, and contained selective stipulations and omissions. The Board dismissed the complaint without taking any further action., Take-away: The Firm secured a dismissal with a single move., …Another Month of Impressive Results
- Texas Board of Occupational Therapy Examiners v. S.G., The Texas Board of Occupational Therapy Examiners (TBOTE) investigated serious allegations from the father of a six-year old patient (“Patient”), that S.G. purportedly shook the child by the neck in a room full of patients and their families. Our investigation found substantial evidence that the Patient’s father exhibited a pattern of volatile behavior, and that S.G. had been explicitly requested to be the only therapist working with the Patient. We further articulated to the Board that S.G.’s twenty-year practice history and professional reputation are wholly at odds with the allegations in the complaint. Apparently, the Board was satisfied with the explanation provided, as the Complaint was dismissed without further proceedings., Take-away: We shut down a frivolous complaint at the earliest available opportunity, sparing our client unnecessary emotional toll and legal expenses, and protecting her license.
- Texas Medical Board v. R.N., Our Client was alleged to have viewed inappropriate materials while on duty in a Medical Residency Program. R.N. was severely disciplined by his employer, and faced serious discipline from the Board. At an Informal Settlement Conference before a panel of the Board, we focused on R.N.’s exceptional technical proficiency and history of charitable acts, and secured full dismissal of the allegations., …Another Month of Dismissals
- Texas Board of Nursing v. S.L., Our Client, a traveling RN, was alleged to have diverted controlled substances from a medical facility. By submitting a thorough Response Packet, which explained what actually transpired, we secured an outright dismissal for our Client, at minimal cost.
- Texas Board of Dental Examiners v. C.B., Our Client, an Orthodontist (“DMD C.B.”), was alleged to have breached the standard of care. The Firm shut down this allegation immediately, securing an outright dismissal after submitting its proprietary case-opener – the notorious Response Packet. The Firm warded off a complaint and thereby protected DMD C.B.’s license at minimal cost., Take-away: The Firm secured a dismissal with a single move.
- Texas Board of Examiners of Psychologists v. J.G., Our Client, a recent Ph.D. Psychology graduate, applied for a provisional license to practice as a Psychologist. Due to a misunderstanding of disclosure obligations, our Client inadvertently completed the application improperly. The Board responded by demanding an explanation. We provided a wealth of evidence demonstrating that the failure to disclose was a good faith error, not a pre-meditated ploy, and that our Client possesses exceptional fitness and moral character. The Board dismissed the allegations completely, and permitted our Client to continue to the next phase of the application, without taking any adverse action., Take-away: The Firm secured a dismissal with a single move., …and the Dismissals Keep Coming
- Texas Board of Nursing v. N.J., Our Client, a Registered Nurse, conceded to the Board’s allegations prior to retaining the Firm. The Board proposed a settlement offer, called an Agreed Board Order (ABO), that was extremely adverse, and would have severely limited the scope of prospective employers. This ABO contained a skewed and misleading presentation of the facts at issue, which would have been attached to our Client’s public nursing profile. Our Client retained the Firm to negotiate this settlement offer., And the Firm did just that: through extensive correspondence with the Board, the Firm negotiated a far more favorable settlement offer. Specifically, the Firm submitted two waves of Exceptions to the ABO, both of which yielded success. The amended ABO reflecting these Exceptions broadens the scope of indirect supervisors and entails a dramatically more favorable presentation of the facts at issue., Take-away: The Firm’s successful negotiation broadened our Client’s employment options and minimized the impact on our Client’s livelihood.
- Texas Board of Nursing v. T.N., Our Client, a Registered Nurse, was alleged to have breached professional boundaries. To settle the matter, the Board proposed an Agreed Order which entailed language susceptible to damaging insinuations and inferences, as well as crippling restrictions on our Client’s ability to practice for a full year. Through multiple rounds of negotiation, the Firm obtained significant, favorable modifications to the proposed Order. The Firm not only substantially reduced the restrictions, but also secured language amendments that dispelled the adverse insinuations and inferences., Take-away: Through efficient negotiation, the Firm prevented potentially irreparable damage to our Client’s public reputation, and diminished restrictions on our Client’s capacity to earn a living.
- Texas Board of Nursing v. C.R., Our Client, a Certified Registered Nurse Anesthetist with a Doctorate in Nursing Practice, was alleged to have improperly counseled an elderly patient with severe co-morbidities on the risks of general anesthesia. The Board went so far as to allege that the patient’s subsequent traumatic incidents were related to CRNA CR’s conduct. The Firm shut down the Board’s allegations immediately, securing an outright dismissal upon submission of a Response Packet. The Firm protected CRNA CR’s license at minimal cost., Take-away: The Firm secured a dismissal with a single move.
- Texas Board of Nursing v. D.F., Our Client, a Licensed Vocational Nurse, was alleged to have fallen asleep on duty. LVN DF initially responded to the Board’s allegations without legal representation. The Board replied by proposing an Agreed Order which would have required LVN DF to abandon working in home health, abandoning her beloved patients and plans to establish a home health practice this year. Shortly after being engaged by LVN DF, the Firm submitted its proprietary Response Packet, and secured an outright dismissal of the allegation. The Firm protected LVN DF’s license at minimal cost., Take-away: The Firm secured a dismissal with a single move.
- Texas Medical Board v. BB, Facts: Client hired firm to disclose prior substance abuse history on his application for renewal. Client had been arrested and entered into a treatment program., Outcome: The firm argued that TMB had no jurisdiction over the matter as they had been made aware of these incidents when they originally occurred. TMB was made aware and took no action. The firm argued that therefore TMB waived their ability to take action now. TMB agreed and took no further action based on the disclosures on client’s renewal application.
- Texas Board of Nursing v. K.W., RN, The Board alleged that our client breached the standard of patient care. Solely through submission of a robust rebuttal packet, the Firm secured outright dismissal of all allegations against our client. Once again, the Firm completely prevented adverse action by the Board at minimal cost to our client, this time at the earliest possible juncture.
- Texas Board of Physical Therapy Examiners v. C.C., PT, DPT, The Board alleged that our client abandoned a patient, and the Firm secured outright dismissal of all allegations. Specifically, submission of a rebuttal packet and presentation of oral arguments at an Informal Settlement Conference (ISC) compelled the Board to grant dismissal. ISCs are conducted at a very early juncture in the course of cases before the State Office of Administration. Thus, the Firm completely prevented adverse action by the Board in short order and at minimal cost to our client.
- Texas Board of Nursing v. S.H., CRNA, The Firm’s aggressive discovery campaign has paid off for our client, with handsome dividends., The Board alleged that our Client fell asleep during a laparoscopic procedure. The Firm realized a material fact unbeknownst to the Board, which fundamentally altered the landscape of the case. The Firm began building a new defense theory upon this material fact. Through written discovery, the Firm also surmised that the complaints that initiated the Board’s investigation were factually dubious. The Firm followed up on this hunch by deposing the complainants this month., The Firm’s pointed questioning ultimately elicited testimony that substantiated the Firm’s suspicion; it was revealed that each complainant had indeed made material misrepresentations to the Board. Following this revelation, the Firm zeroed in for the kill, holding another round of depositions to test its new defense theory. The testimony elicited at these depositions unequivocally endorsed the new defense theory. Two business days later, the Board filed a Motion to Dismiss the case.
- Texas Medical Board v. RH, Facts: Our client, RH, a physician, hired us to defend against a complaint filed with the Texas Medical Board. The complaint alleged that RH had engaged in improper prescribing practices and failed to maintain adequate patient records., Outcome: The firm gathered extensive evidence, including patient records, expert testimony, and letters of support from colleagues and patients. We submitted a comprehensive response to the TMB, demonstrating that RH’s prescribing practices were within accepted medical standards and that any record-keeping deficiencies were minor and did not affect patient care. After reviewing our submission, the TMB dismissed the complaint, and no action was taken against RH’s medical license.
- Texas Medical Board v. MM, Facts: Client was arrested for DWI and misdemeanor possession. He plead guilty to a modified misdemeanor offense. This was client’s second arrest for DWI and he had one prior conviction for DWI. TMB initiated an investigation and sent client a referral to a substance abuse program. Client ignored the referral, and the matter was sent to Enforcement., Outcome: Client was granted an ISC and retained the firm. During the ISC the firm argued that client was not in need of a substance abuse program as there was no evidence of a substance abuse problem. The firm provided argument as to why client plead guilty and how the incident was an isolated event. A single isolated event, regarding substances, does not equate to a substance abuse concern. They also provided evidence that client was not working under his license at the time of the event or presently and that he was only working under his RN license. Evidence was provided that BON was not taking any action based on the conviction. After deliberation, TMB dismissed the matter and terminated the referral.
- Texas Behavioral Health Executive Council v. NJ, Facts: Our client, NJ, hired us to defend her against two complaints filed with the Council by a former disgruntled employee and another state agency alleging she had violated minimum professional standards in her practice as a marriage and family therapist. The invalid complaints threatened to damage her professional reputation, ability to obtain future employment, potential disciplinary action from the Council and a negative impact on her livelihood. The disgruntled employee was mad at NJ for legitimate workplace action taken to protect clients and the employer and ultimately led to NJ being forced to terminate the toxic employee. After being terminated on legitimate grounds, the former employee filed a complaint with the Council and another state agency which also submitted a complaint. She made wild and unfounded allegations that NJ had ordered her to engage in unprofessional and unethical misconduct., Outcome: Bertolino LLP evaluated the client’s case, and we gathered the documentation necessary to fight against the baseless complaints. We developed a well written response proving this was a disgruntled employee who had a grudge without any merit to her allegations. We advocated aggressively on the client’s behalf to demonstrate that the complaint had no legitimacy and needed to be dismissed. Ultimately the Board agreed to dismiss both of our client’s complaints with the Council in full and took no action against her license. This allowed her to return to the work she loves and kept her professional reputation and livelihood unblemished.
- Texas Behavioral Health Executive Council v. JS, Facts: JS engaged our firm to defend her career and reputation against unlicensed practice of counseling allegations. Our client faced revocation of her credentials and damage to her highly regarded reputation in the community., Outcome: The firm evaluated the available evidence and submitted a robust response addressing both the facts and applicable law. We demonstrated that the Council did not have a valid basis for pursuing disciplinary action against our client. Upon conclusion of the investigation, the Council dismissed the complaint. JS’s credentials and reputation remain intact and she can continue to serve her community.
- Texas Executive Council of Physical Therapy and Occupational Therapy Examiners v. APP, Facts: Our client, APP, hired us to defend him against a complaint filed with the Board by a former employer alleging he had violated minimum professional standards as in his physical therapy practice by logging a treatment session during a period that was inaccurate. The invalid complaint threatened harm to APP’s professional reputation, his ability to obtain future work from clients, potential disciplinary action from the Board and a negative impact on his livelihood. All this came from a complaint by an unreasonable employer who had software limitations preventing our client from logging the treatment session during the correct time. Instead of not recording the legitimate session that took place, APP logged it during an earlier period that same day, so the records of the treatment were there and planned to speak with his supervisor about how to better remedy the unusual situation. Before that could happen later in the day though the employer fired APP and filed the complaint with the Council., Outcome: The Firm evaluated the client’s case and collected documentation necessary to fight back against the illegitimate complaint. We prepared a written response demonstrating the Board lacked legal authority to bring these types of allegations against APP and pointing out it was unjust to discipline him considering the software limitations beyond his control. We advocated aggressively on the client’s behalf to demonstrate that the complaint had no legitimacy and needed to be dismissed for both legal and equitable reasons. We attended an informal conference with the client to advocate to Board members why they needed to close the complaint. When the Board still wanted to seek discipline, we continued to talk with the staff and convinced the staff to recommend dismissing the case and take no disciplinary action. Ultimately the Board agreed to dismiss our client’s complaint in full and took no action against APP’s license, leaving his professional reputation and livelihood unblemished.
- IMO Texas Medical License Application of A.C., M.D., After more than five (5) months of zealous representation, we helped our Client, A.C., M.D., secure a full Texas Medical License. There were several snags along the way, but we were able to overcome same and help A.C. get to work. He is now happily serving Medicare and Medicaid patients.
- Texas Department of State Health Services v. SR, Facts: Our client, SR, hired us to defend him against a complaint filed with the Texas Department of State Health Services by a biased personal acquaintance alleging SR had violated confidentiality requirements as a paramedic for a municipality. The complainant filed this groundless accusation to retaliate and obtain an advantage in a separate dispute. The invalid complaint threatened damage to SR’s professional reputation, his ability to obtain employment as a paramedic, potential disciplinary action from the Department and a negative impact on his livelihood., Outcome: The Firm assessed the client’s case, developed a solid legal strategy, and collected the documentation needed to fight back against the illegitimate complaint. We prepared a strong written response to the Department to demonstrate it lacked legal authority to pursue these allegations against SR. We advocated aggressively on the client’s behalf to demonstrate that the complaint had no legitimacy and needed to be dismissed on legal and equitable grounds. After investigation, the Texas Department of State Health Services agreed with our assessment and dismissed our client’s complaint with a non-disciplinary warning. The Department took no action against SR’s license, which kept his professional reputation, career, and livelihood unblemished.
- Texas Board of PT Examiners v. KJ, Facts: KJ hired firm after receiving a complaint from a former patient. The patient filed the complaint with the Board and alleged that KJ failed to assess the patient’s status, allowed the unlicensed practice by technicians and committed fraudulent billing practices., Outcome: The firm provided a response to the complaint, breaking down each allegation. Regarding the failure to assess the patient’s status, the firm provided evidence of all the treatment records for the patient. The records included the referral, the evaluation and all SOAPs for each of the 4 sessions the patient had. The firm provided legal argument based on the language of the statutes as to why certain conduct committed by KJ during these sessions was skilled PT work contrary to the patient’s contentions. Next, regarding the unlicensed practice, the firm provided a witness statement by the alleged actor of the unlicensed practice detailing how KJ supervises her during all sessions with patients. Further legal argument was provided based on the statute detailing how and when a technician needs to be supervised. Lastly, regarding the fraudulent billing, evidence of all invoices provided to the patient were submitted along with a witness statement from KJ’s office manager detailing the instructions she provides all patients related to their insurance and cost. Based on the evidence provided and legal arguments made, the Board dismissed the complaint and took no action against KJ’s license.
- Texas Board of Nursing v. RK, Facts: RK hired firm after receiving a complaint from a former patient. The patient filed the complaint with the Board and alleged that RK incorrectly reported that she had HIV, forged records, did not report that she see her primary care physician (PCP), offered to take her to the doctor herself and did not report the secondary negative test results to the patient., Outcome: Prior to retaining the firm, RK submitted a response to the allegations herself detailing what occurred. After reviewing the response BON offered her a public disciplinary order requiring her to complete several hours of CE. The order would be public on her license verification and reported to the NPDB., The firm rejected the offer and requested the investigative file from BON. After review of the file, the firm drafted a supplemental response. In the response the firm argued that based on the language used by the testing facility, the results appeared on their face to have been verified and retested by the lab. Therefore, indicating to RK that retesting was not necessary. Further after review of RK’s employer’s policies, RK followed all policies and was not required to follow up with the patient after she received the negative results. She was only required to attempt to notify her of the negative results, which she did. We also provided expert opinions stating that RK acted as any other reasonable nurse would have in a similar situation. After review of our response, BON dismissed the complaint.
- Texas Board of Nursing v. CJ, Facts: CJ hired firm after receiving a complaint from a former patient. The patient reported that CJ gave her the wrong medication and it caused her to become ill and require hospitalization. The patient reported this to CJ’s employer and the employer reported it to BON., Outcome: The firm requested the investigative file from BON. After review of the file, it appeared that there were 2 witness affidavits from the patient and her family stating that CJ was the nurse who provided the medication to the patient. However, there was no evidence, but for statements and reports regarding what the medication was. The firm therefore requested the actual doctor’s order for the medication. After a year of waiting BON provided additional records. Still, there was no order from the doctor. The firm therefore argued that there was no evidence to prove what medication was ordered. Meaning even if CJ provided the medication to the patient, he could have been issued the wrong medication by the doctor’s order. Based on the evidence the firm requested that BON dismiss the complaint. After review of the evidence BON dismissed the complaint.
- Texas Behavioral Health Executive Council v. BT, Facts: BT received a complaint and hired firm to assist in responding to the complaint and pending investigation. It was alleged that BT practiced without supervision in violation of BHEC rules and statutes which prevent LPC-As from practicing without the supervision of a LPC. BT practiced without supervision for almost 6 months before the complaint was filed., Outcome: The firm provided a response to BHEC advising that BT had unintentionally misunderstood the rules regarding supervision. After reviewing the response, BHEC issued an ISC notice. The firm provided updated character evidence from BT’s current supervisor who was aware of this prior bad act. The firm provided additional argument during the ISC that BT did not intentionally practice and provided evidence that he had not submitted any of these unsupervised hours towards his application for licensure as a LPC. After review of the evidence BHEC dismissed the complaint.
- Texas Behavioral Health Executive Council v. SS, Facts: SS received two complaints within days of each other regarding two separate incidents that both occurred years ago when she was employed with a school district. The first complaint related to a student who she evaluated and who was eventually denied certain requested services. The second complaint was from the school district itself for failure to complete reports and failure to give proper notice of resignation., Outcome: SS hired the firm to respond to both complaints and was eventually asked to report for an informal conference. Prior to the conference the firm provided a written response detailing that SS only evaluated the student one-time and that she was not the deciding factor on whether he received certain services or not. The firm also provided evidence that the student was evaluated privately several times and by another school district who all came to the same conclusions as SS. Next, we provided evidence to show that although SS did not complete some reports prior to her resignation, she was never required to complete reports by a certain deadline and that all therapists were overburdened with an impossible workload. She completed all she could prior to her resignation and the school had all her work product in order to complete any remaining formal report. Further, it was disclosed during the conference that SS did provide a partial notice of her resignation in March prior to the school year ending in May. However, she did admit that she provided her final notice only a few weeks before school began., Due to the evidence provided the Board dismissed the first complaint. The Board did issue an order for the second complaint as under the code SS was required to give 45 days notice for her resignation. However, the order only required SS to complete 6 hours of continuing education and did not impede her ability to practice in any capacity.
- Texas State Board of Pharmacy v. HK, May 2024, Facts: HK was terminated by her employer after she admitted to stealing medications from customers’ prescription bottles while filling prescriptions for her employer. The employer investigated the allegations of theft and found that over 300 pills were unaccounted for during HK’s employment., Outcome: HK hired the firm after she received a complaint and notice of informal conference from the Board. In preparation for the conference the firm provided a written response and evidence regarding KH’s mental health at the time of the allegations. The evidence provided showed that KH was suffering from depression and suicidal ideations. Further, at the conference, the firm argued in mitigation that since the allegations HK had ceased all drug use, tested negative for over a year, entered into and completed an in-patient and out-patient program and was currently seeing a physiatrist and a therapist. Her mental health was under control and she was not the same person she was during the time of the allegations. After review of the evidence and the arguments provided during the conference the Board allowed HK to keep her license without suspension or revocation. They issued a private order, not viewable to the public that simply required her to complete the terms of her out-patient program and remain supervised while employed as a pharmacist. They also allowed her to remain at her position of pharmacist in charge with her current employer.
- Texas Medical Board v. CC, May 2024, Facts: CC was arrested and charged with possession prior to his graduation from physician assistant school. After his arrest he still needed to apply for licensure with TMB., Outcome: CC hired the firm to help submit his application and disclose his arrest. The firm submitted CC’s arrest records along with a supplemental response regarding the arrest. The firm provided argument as to why the arrest occurred, rationale for why it will be dismissed and other mitigative evidence surrounding CC’s criminal-free background. After review of the evidence and application TMB issued CC a license without any restrictions.
- Texas Board for Physical Therapy Examiners v. MA, Facts: MA received a complaint from a former patient. The patient alleged that MA injured her back and side during a session., Outcome: The firm provided a robust response including all medical records from the patient’s file showing that MA only met with the patient on 2 minor occasions and that the patient’s issues were ongoing over the course of the over 1-year period that she sought services. The firm provided argument that there was no way to prove causation based on the evidence and based on the patient’s own description of the pain and the location of the pain. After a review of the evidence the Board dismissed the case.
- Texas Medical Board v. WD, Facts: WD hired firm to assist in the submission of his application for licensure with TMB. WD had several criminal issues that he needed to report and provide records for. WD had 4 prior arrests, one deferred adjudication and one conviction all related to alcohol., Outcome: The firm crafted responses to several questions on the TMB application and provided supplemental explanations for the criminal offenses within the application. Then the firm submitted open records requests to the corresponding counties and requested all records be sent directly to TMB. After review of the responses and explanations related to the offenses, TMB issued WD a full and unrestricted license.
- Texas Board of Nursing v. FD, Facts: Our client, FD hired us to assist in obtaining his Texas nursing license after he passed the NCLEX. Our client passed the NCLEX but after the four year period established by the Board and as a result the Board denied his nursing license., Outcome: The firm evaluated the relevant documentation, enabling statutes and Board rules. The Statute and Board rules did not inhibit the Board’s discretion to issue a license if the Board failed to comply with their rules. After presenting the client’s position based on the facts and law, the Board issued a license to our client. Client now can pursue his career passion in nursing.
- Texas Department of Licensing and Regulation v. ZZ, Facts: ZZ hired firm after receiving 2 complaints. These were ZZ’s 3rd and 4th complaints overall during her time as a massage therapist and massage establishment owner. The allegations in the new complaint were essentially identical to the allegations in ZZ’s 1st and 2nd complaints. The allegations involved employing unlicensed workers, not keeping records and allowing people to sleep at the establishment., Outcome: The firm provided a response to TDLR and after consultation with TDLR agreed that ZZ would expire her establishment license and simply work under her own individual licensure. ZZ had no desire to continue to operate her own establishment and preferred to go back to working for other agencies. She sold her establishment and TDLR dismissed the complaints.
- Texas Board of Nursing v. FD 2, Facts: Our client, FD hired us to assist in obtaining his Texas nursing license. Our client passed but his eligibility exam after four year period established by the Board, and as a result the Board denied his nursing license., Outcome: The firm analyzed the relevant documentation, enabling Statute and Board rules. The Statute and Board rules did not inhibit the Board’s discretion to issue a license due to Board error. After presenting the client’s position based on the facts and law, the Board granted a license to our client. Client can now pursue his career passion in nursing.
- Texas Medical Board v. AG 2, Facts: AG hired Bertolino LLP to defend her against a complaint filed with the Board by a patient. The patient made unfounded allegations that AG had committed malpractice and failed to provide the patient with information about her medical procedure and acquire her informed consent. The baseless complaint threatened to damage AG’s professional reputation and employment, expose her to potential discipline from the Board and harm her livelihood., Outcome: Bertolino LLP evaluated the client’s case, and we gathered the medical documentation and witness testimony necessary to dispute the meritless complaint and show the Board why the allegations had to be dismissed promptly. We developed a well-written response showing how these claims lacked any merit and leveraged key documentation and witness affidavits in support of our argument. We advocated aggressively on the client’s behalf to demonstrate the complaint was baseless and needed to be dismissed. The Board evaluated the response and agreed to dismiss the complaint completely and took no disciplinary action against our client’s license. This allowed her to return her focus to practicing medicine, keeping her professional reputation and livelihood intact.
- Texas State Board of Dental Examiners v. T.J., Dental License Defense Case ResultsMedical License Defense Case Results, Our Client, a pediatric dentist (“T.J.”) with a clean record and excellent practice history, dutifully self-reported an incident where a patient (“Patient”) experienced a seizure after sedation, for reasons which have not yet been ascertained. The Board responded by suspending his sedation certifications, without notice, and dragging him to a Probable Cause Hearing, to explain himself. With his sedation certifications suspended, T.J. was essentially unable to practice, and the logistical nightmare that ensued placed serious strain on the practice. Never before had our client had any such issues occur from sedation, despite administering the same regimen over 5,000 times. Through submission of a pre-hearing and post-hearing brief, we were able to convince the Board to abandon its suspension, and dismiss the case from the State Office of Administrative Hearings. Our briefing and performance at the Probable Cause Hearing restored our Client’s sedation certifications, and brought his practice back into ordinary working order.
- Texas Medical Board v. UJ, Facts: UJ submitted an application for licensure and failed to disclosed prior criminal activity. After TMB requested information on the criminal activity, UJ provided records that they received from the district court associated with the criminal cases. TMB followed up requesting additional records and then stopped communicating with UJ., Outcome: After consultation with UJ the firm submitted a request to the district court to submit the records again directly to TMB. The firm instructed UJ to withdraw and resubmit the application and report the criminal activity in totality. After a few short weeks of communication with TMB, TMB issued UJ licensure without conditions.
- Texas Board of Nursing v. WC, Facts: WC received a secondary complaint regarding allegations of sexual conduct with a former patient. The evidence presented included text messages, social media posts and app screen shots regarding WC and patient’s alleged sexual activity., Outcome: After WC retained counsel the firm provided a response to the allegations. The firm argued that the evidence was insufficient and unauthenticated. The firm further argued that the witnesses were unreliable and therefore not credible. BON proposed a disciplinary order with minimal CE requirements. BON agreed to modify the findings of facts within the order to state that WC denied the allegations and the order was approved.
- Texas Medical Board v. TR, Facts: TR received a complaint from TMB and a notice for ISC. The allegations against TR were submitted to TMB by her former employer. TR was terminated from their employer after they appeared intoxicated during work hours. Witnesses attested to the fact that they saw TR slurring their words after interacting with a patient. TR refused an alcohol test and was asked to leave the facility. Prior to retaining counsel TR provided TMB with several records regarding her prior alcohol addiction/treatment., Outcome: TR retained counsel after receiving the ISC notice. The firm was able to meet the pending deadline and provided a rebuttal response to the allegations. During the ISC the firm provided argument as to TR’s current sobriety regiment and their past inpatient and outpatient treatments. The firm argued in mitigation of the allegations, provided character evidence and evidence that TR was already in compliance. Based on this the firm argued that TR no longer needed monitoring or disciplinary action by TMB. TMB agreed to dismiss the case and referred TR to a private monitoring program.
- Texas Board of Nursing v. JA, Facts: Our client, JA hired us to assist in protecting her Texas nursing license. JA was offered disciplinary action prior to engaging our services., Outcome: The firm analyzed the relevant documentation and enabling Statute and Board rules. After presenting the client’s position based on the facts and law, the Board vacated the disciplinary action and issued a dismissal. Client can now pursue her career passion in nursing.
- Texas Board of Veterinary Medical Examiners v. RW, Facts: RW hired Bertolino LLP to aid her in obtaining authorization to sit for the licensing examination with the Board after her request was initially rejected due to a criminal history matter. The client was eager to sit for the exam so she could continue forward with her educational goals and the Board’s decision was standing in her way., Outcome: Bertolino LLP evaluated the client’s case, we assessed the applicable law and we gathered the documentation necessary to advocate for the Board’s reconsideration of their position. We advocated aggressively on the client’s behalf to demonstrate that issuing exam approval was appropriate. The Board evaluated our negotiating points and arguments and agreed to authorize the client to sit for the examination. This successful outcome achieved all the client’s objectives and allowed her to move forward with her educational journey.
- Texas Medical Board v. RL, Facts: RL hired the firm to review his application for licensure. RL applied for licensure with TMB before and his application was denied based on a termination from his residency program several years prior., Outcome: The firm drafted supplements to RL’s application to explain his prior termination. The firm provided evidence and argument regarding the rationale for the termination, the limited evidence supporting the termination and RL’s intention to not work within the limited field of his prior residency. After analysis of the application TMB approved RL for licensure without any restrictions or conditions.
- Texas Medical Board v. CP, Facts: Our client CP hired us to develop a legal strategy to avoid discipline in connection with client’s criminal matter., Outcome: The Firm analyzed the facts and applicable law to ascertain the probability of the Board imposing disciplinary action based on the circumstances in connection with CP’s criminal matter. It was determined that the law and the facts supported non- disciplinary action. The Firm crafted a robust advocacy response demonstrating the legal and factual basis for a non-disciplinary outcome. The Board determined that they would take no action against client’s license. CP can continue serving patients with a stellar disciplinary record.
- Texas Executive Council of Physical Therapy and Occupational Therapy Examiners v. PM, Facts: PM hired Bertolino LLP to defend against a complaint filed with the Council. The complainant made groundless allegations that PM had violated patient billing requirements, and this baseless complaint threatened to damage PM’s reputation and expose him to potential discipline from the Council., Outcome: Bertolino LLP evaluated the client’s case, assessed the applicable law and we gathered the documentation and evidence necessary to fight against the meritless complaint and show the Council why the allegations needed to be dismissed immediately. We developed a well-written response showing how the complaint accusations lacked any supporting evidence and advocated aggressively on the client’s behalf for swift dismissal of this matter. The Council evaluated the written response and agreed to dismiss the complaint completely, taking no disciplinary action against our client’s license. This allowed PM to return his focus to his clients’ needs and kept his stellar industry reputation intact.
- Texas Medical Board v. CD, Facts: CD was terminated from his employment with a hospital and then reported to TMB. He was never orally advised as to why he was being terminated. However, his termination notice indicated that it was due to record deficiencies and billing errors. However, once TMB turned over all of the hospital’s evidence it became evident that the hospital had conducted two separate investigations into CD’s conduct. The evidence appeared to notate that these deficiencies and billing errors were found but included no evidence as to how they were discovered or any details as to the issues., Outcome: The firm drafted a rebuttal using TMB’s evidence to argue that there was no rational basis for the termination. During the ISC, the firm argued that although the hospital concluded that errors occurred, they provided no records or data for how they came to this conclusion. Nothing within the evidence detailed any actual errors and it seemed that the hospital just made these statements without any evidence to support them. Based on this lack of evidence the firm argued that the matter should be dismissed. TMB agreed and dismissed the complaint.
- Texas Medical Board v. EJ, Facts: EJ received a complaint from TMB which reported that EJ prescribed inappropriate medication to a patient. The complaint noted that EJ prescribed a medication that was not safe to take when breastfeeding to a breastfeeding patient. The patient took the medication, but no harm or injury occurred., Outcome: The firm provided a response including evidence that the patient was fully informed of the medication and records showing that she knew the side effects. The patient records noted that she could not take the medication and breastfeed and that she would need to discard the breastmilk if she decided to take the medication. Based on these records TMB dismissed the complaint and found EJ’s conduct to be within the standard of care.
- Texas State Board of Dental Examiners v. K.H., Facts: Dentist KH hired the firm to respond to a complaint filed with Texas State Board of Dental Examiners regarding an alleged Minimum Standard of Care violation of not maintaining a written informed consent signed by the patient. The firm researched the facts of the case and found out that the Complainant was not the patient, but an ex-fiancée who did not want to pay for the dental procedure after they broke up. The firm sent a Response to the TSBDE Preliminary Investigation of Client with attached exhibits containing complete patient records that showed successful dental treatment and pointed out that the Board had no jurisdiction over a third-party complaint regarding a fee dispute., Outcome: After the Response and Exhibits were received by the TSBDE, HK’s matter went through the standard process. Based on the Response and Exhibits, the TSBDE voted to close HK’s matter without any sanction on his license and kept confidential the details of the investigation from the public.
- Texas State Board of Dental Examiners v. A.G., Our Client, A.G., was alleged to have violated their duty of fair dealing with respect to a geriatric patient with dementia (“Patient”). A.G. was sent to the nursing home where the Patient lived and conducted a full mouth assessment and x-rays, free of charge. A.G. observed severe periodontal disease, two irreparably broken teeth, and a pronounced cross bite which was causing wear on many teeth, among other issues., A.G. developed a treatment plan and proposed procedures to resolve all the issues A.G. observed, as was their legal duty. The treatment plan was intended, per company policy, to be presented to the Patient’s responsible party, so the Patient’s responsible party could make informed decisions about which procedures to authorize and which to reject. The Patient’s responsible party did not bother to have that conversation and sought a second opinion from the Patient’s long-time family dentist. The family dentist was asked by the Board to submit a statement of his opinion of A.G.’s treatment plan., The family dentist claimed, in a sworn statement to the Board, that none of the procedures proposed by A.G. were warranted. Although A.G. had never met the Patient’s family dentist before, A.G.’s treatment plan was essentially an indictment of the substandard care the family dentist had provided to the Patient for thirty years. The family dentist’s statement that A.G.’s treatment plan was predatory was the only argument they could make to defend against the indictment of their own work made by the treatment plan., By written submission and zealous defense at an ISC, the firm secured a dismissal for A.G. has returned to work with the stress of this matter lifted off their shoulders, and we are very happy for them.
- Texas State Board of Dental Examiners v. K.S., DDS, Our Client, K.S., DDS, faced a complaint (“Complaint”) filed by a client who claimed to have been harmed by bridgework which K.S. was involved in. The Texas State Board of Dental Examiners (“Board”) prosecuted the Complaint, alleging that K.S. breached the standard of care in bridgework and that she failed to maintain adequate records for the treatment provided to the complainant., We secured a dismissal of the Complaint at an informal conference before a panel of the Board, following a single written submission, wherein we proved that K.S. indeed maintained perfectly adequate treatment records and was not at fault for the issues which transpired the bridge. In fact, the complainant’s conduct contributed heavily to the issues, and the remaining blame belonged to the laboratory responsible for producing the bridge.
- Texas State Board of Dental Examiners v. AQ, Facts: Our client, AQ, hired us to help him self-report a criminal history matter threatening his license as a dentist. AQ had been charged with a criminal offense that had the potential to destroy his professional reputation and lead to the loss of his license. He needed an aggressive law firm to advocate for him and defend his reputation, livelihood, and license before the Board., Outcome: The Firm collected and evaluated the documentation needed to explain the circumstances of the criminal matter and worked with his criminal defense attorney to obtain a positive outcome that did not impact AQ’s license with the Board. The self-report packet we submitted demonstrated why this license should not be impacted. After the Board completed their investigation, they agreed the criminal matter should not impact AQ’s license and we were able to resolve the matter without any harm to AQ’s license, reputation, or livelihood.
- Texas State Board of Dental Examiners v. T.J., D.D.S., Suspension Lifted, Favorable Result Secured, In April of this year, our Client, a pediatric dentist, self-reported an incident which resulted in a patient seizing after being sedated; the cause of the seizure remains unknown. In June, the Board responded by suspending our Client’s Anesthesia Permits without notice and dragged him across the state to appear at a Probable Cause Hearing and answer for the incident. The suspension created tremendous havoc and stress for our Client’s office, its many employees, and their families. After an aggressive campaign on behalf of our Client, which entailed pre- and post-hearing briefings and oral arguments before an Administrative Law Judge (“ALJ”) in the State Office of Administrative Hearings (“SOAH”), we convinced the Board to lift the suspension – before the ALJ even had an opportunity to issue a ruling. With the suspension lifted, our Client’s ability to practice and meet the needs of his patients was fully restored. Days later, the Board dismissed the case from SOAH and began to negotiate a settlement. After extensive negotiations, we obtained a non-disciplinary remedial settlement order for our Client this month, which seemed near-impossible at the outset of the case. Our zealous advocacy of our Client’s interests brought the Board to the negotiating table and secured an excellent result.
Videos
- The Top 10 Must-Know Tips for Every License Holder, 2025
- Social Media: The Professional License Killer, 2025
- The Importance of Specialized Legal Support for Professionals with Jasen Dalus, 2024
- Examining the 2024 Texas Teacher Certification Scandal: FAQs with Tony Bertolino, 2024
- Understanding Professional License Defense with Tony Bertolino, 2024
Special Licenses / Certifications
- Licensed to Practice Law in the State of New York, 2009
Pro bono / Community Service
- Legal Services of South Texas (VLS), Volunteer
- Texas Family Law Foundation
- Greater Austin Chamber of Commerce, State Issues Committee
- Greater Austin Chamber of Commerce, Public Policy Committee
- Texas Center for Legal Ethics and Professionalism
- Council of Alternate Dispute Resolution
- American Center for Law & Justice (ACLJ)
- Texas Rural Legal Aid (TRLA)
- Fellow, Houston Bar Foundation
- Pro Bono College of the State Bar of Texas
Educational Background
- St. Mary's University, M.P.A., Honors: Distinguished Graduate/Valedictorian
- St. Mary's University, B.A., Major: Political Science, Major: Speech Communication
White Papers
- The “Dos and Don’ts” of Appearing Before the Texas Medical Board or Texas Board of Nursing, Texas Licensing And Boards, As you may already know from the unwanted experiences of your colleagues, the number of complaints filed with the Texas Medical Board and Texas Board of Nursing has greatly increased over the past several years. This influx of cases that must now be reviewed by overworked state board investigators is due largely to Proposition 12, which was passed by Texas voters in 2003. Under this legislation, the maximum amount that patients could win in a medical malpractice lawsuit was lowered and capped to $250,000.00. While Texas became a more welcoming place for doctors who appreciated the lower malpractice insurance and the lessened threat of a lawsuit, more patients now feel that their grievances are better addressed through the medical boards instead of the courtroom. Question: Will you be prepared if a written notice of investigation into a complaint lands on your desk? 2009
Scholarly Lectures / Writings
- The "Just and Right" Division of Property in Texas Divorce Cases, March 2011
- 2/11/2023 – Association of Texas Appraisers Mid-Year Conference Presentation – Troy Beaulieu, Esq.
- 4/14/2023 – Farmers Insurance Agents / Owners Group Presentation – Troy Beaulieu, Esq.
- 6/20/2023 – TXCPA Austin Group Presentation (Do’s and Don’ts) – Kerry Bloodsaw, Esq.
- 10/05/2023 – Capital of Texas Study Club Group Presentation – Tony R. Bertolino, Esq.
- 11/03/2023 – Harris Center for Mental Health and IDD Group Presentation – Kerry Bloodsaw, Esq.
- 11/10/2023 – Region 9 Education Service Center Group Presentation: Do’s and Don’ts for LPC’s and LMFT’s – LaJuana Acklin, Esq.
- 03/08/2024 – Crisis Center of Comal County Group Presentation – LaJuana Acklin, Esq.
- 8/18/2024 – TXCPA Document Retention and Destruction Group Presentation – Troy Beaulieu, Esq.
- 10/25/2024 – Houston Psychological Association Group Presentation – Troy Beaulieu, Esq.
- 01/09/25 – The Harris Center for Mental Health and IDD Virtual Presentation – Kerry Bloodsaw, Esq.
- Electronic Evidence Meets Right to Privacy in Texas Divorce Cases, May 2011
- Unemployment Will Continue to be a Problem in Texas in 2009, January 2009
- Military Divorces Require Special Attention and Care, January 2009
- Immigration Policy to Be Top Issue for Federal and State Lawmakers in New Year, January 2009
- Clear Channel Communications Announces Layoffs, January 2009
- Texas Law Regarding Immigrants and Driver's Licenses to Receive Test in Court, January 2009
- Career of Fellow Texan Lance Armstrong Highlights the Need for More Sports Law Attorneys, March 2009
- Texas Senate Approves Bill That Would Allow Sobriety Check Points, March 2009
- Texas Considers Legislation That Would Allow Guns on Campuses, March 2009
- Houston is Providing Easier Access to Voter Registration Forms, March 2009
- Under New Proposed Texas Legislation, Teenagers May Need Doctor's Note to Use Tanning Bed, April 2009
- Texas House of Representatives Approve Strip Club Tax, April 2009
- Texas House of Representatives Discussing the Need for "Scientifically Accurate" Information in Sex Education Classes, April 2009
- Bill in Texas House Would Protect Snake Hunters, April 2009
- Texas House Bill Concerning Collection and Storage of Newborn Blood to Be Debated, April 2009
- Measure to Protect Students at Texas Schools for Disabled Passes through Texas House Committee, April 2009
- MySpace, Facebook, GPS and other e-Discovery: Coming Soon to a Texas Divorce Proceeding Near You, April 2009
- Doctor Reprimanded by Texas Medical Board for Having Sex with Patient, April 2009
- Texas Senate Approves Rebates for Those Who Purchase Hybrid Cars, April 2009
- Celebrity Divorce Proceedings Require Heightened Privacy and Sensitivity, April 2009
- Texas Teen Who Attempted to Have Classmate Killed Learns His Sentence, April 2009
- Texas Senate to Increase Penalty for Computer Hacking, May 2009
- Efforts to Require Boating License in Texas Tabled, May 2009
- With Chapter 7 and Chapter 13 Consumer Bankruptcy Filings on the Rise in Austin, Houston and San Antonio, Texas Proper Legal Representation is Essential, May 2009
- Governor Perry Signs into Law Measure to Bring More Movie Production to Texas, May 2009
- Will Texas Soon Become Smoke Free? May 2009
- Texas Senate Approves "Choose Life" Plates, May 2009
- Chapter 11 Bankruptcy May be the Fate of Businesses throughout Texas, May 2009
- Upcoming Child Custody Battle over Michael Jackson's Children Provides Insight into Delicate Issues of Family Law, July 2009
- Online Affairs Often Lead to Very Real Divorces in Texas, August 2009
- Texas Divorce Settlements Should Focus on Minimizing Impact on Children, August 2009
- What to Consider When Filing an Uncontested Divorce in Texas, August 2009
- Entertainment Lawyers Find No Shortage of Work in Texas, September 2009
- Qui Tam Lawsuits Expected to Rise in Texas and Across the Country, October 2009
- Change Orders and Written Notices: Avoiding the Potential Pitfalls, Austin Construction News, July 2004
- 10 Practical Tips to Saving Your Construction Company in Management Time and Claim Dollars, Austin Construction News, May 2004
- 10 "More" Practical Tips to Saving Your Construction Company in Management Time and Claim Dollars, Austin Construction News, June 2004
- Case Analysis: When To Stop Work For Nonpayment (Or Slow-Pay) On Your Construction Contract, Austin Construction News, April 2004
- Learning Disabled Lawyers, Stakeholding Clients And The Legal Profession: Can Law Firms Strike A Balance Of Interest And Still Meet The Statutory Requirements Under The Americans With Disabilities Act Of 1990? (unpublished comment, South Texas College of Law) (on file with author), 2001
- Note, Opening The Door For Junk Scientists: A Distinct Perspective On The Qualifications And "Admissible" Testimony Of An Expert Witness In Carter v. State, 5 S.W.3d 316 (Tex. App.-Houston [14th Dist.] 1999, pet. ref'd) (unpublished note, South Texas College of Law) (on file with author), 2000
- When Your License Is Under Attack, A Survival Guide For Texas Professionals, ISBN: 978-1-63161-021-9, TCK Publishing
- South Texas Law Review, Member, South Texas College of Law, Houston
- Effects of Bankruptcy on a Texas Construction Project, Austin Construction News, August 2004
- The Importance of Putting Your Children First in Texas Divorce Cases, April 2011
- Strategies for Family Law in Texas, 2011 ed.: Leading Lawyers on Handling Negotiations, Managing Client Expectations, and Navigating Recent Trends (Inside the Minds)
- "Changing of the Times: New Challenges and Strategies for Texas Family Law Practitioners." Aspatore, 2011
- Obtaining an Order of Protection Under Texas Law, May 2011
- Texas is Friendly Refuge for Those Seeking to File Bankruptcy, January 2009
- Elected Officials in Texas Do Not Submit to Sobriety Tests, February 2009
- Houston Area Car Dealership Shuts Its Doors, February 2009
- Doctor Who Implanted Octuplets is Facing Ethics Investigation, February 2009
- Houston Foreclosures Increase While Homes Sales Drop, February 2009
- Houston Billionaire Charged with Fraud, February 2009
- Texas State Lawmaker Wants to Remove Health Risk of Previous Meth Use in Your Home, February 2009
- Houston Man Pleads Guilty to Transporting Undocumented Immigrants, March 2009
- When Will the President Address Immigration Policy? March 2009
- Texas Considers Lifting Restrictions on Alcohol Laws to Raise Revenue, March 2009
- Musicians Take Over Austin for Annual SXSW Festival, March 2009
- Bad Economy is Forcing Parents to Cut Costs in Child Care, March 2009
- The "Dos and Don'ts" of Appearing Before the Texas Medical Board or Texas Board of Nursing, March 2009
- Cameras on U.S.-Mexico Border are Not Proving as Effective to Curb Illegal Immigration, March 2009
- United States Immigration Programs Continue to Strain Local Law Enforcement, March 2009
- Proposed Texas Law Hopes to Extend Waiting Time for Divorce, March 2009
- Mold Litigation: A Persistent Challenge To The Texas Construction Industry, Austin Construction News, March, 2004
- "Stepping In Your Shoes": Insurance Companies' Legal Right To Settle Your Construction Case Without Your Consent, Austin Construction News, February, 2004
- In House Debt Collection: What Must A Construction Company Do To Get Paid On Its Project And Avoid A Lawsuit, Austin Construction News, January, 2004
- Bertolino, Tony R. "The Do's and Don'ts of Appearing Before the Texas Medical Board. “Medical License Defense (n.d.): n. pag. BertolinoLaw. Web., 2017
- Bertolino, Tony R. "The Do's and Don'ts of Appearing Before the Texas Board of Nursing. “Medical License Defense (n.d.): n. pag. BertolinoLaw. Web., 2017
- Bertolino, Tony R. "The Do's and Don'ts of Appearing Before the Texas Real Estate Commission." Professional License Defense (n.d.): n. pag. BertolinoLaw. Web., 2017
- Bertolino, Tony R. "High-Profile Athlete Doping Cases Provide Insight for Sports Law Attorneys" Texas Bar Journal Dec. 2012: 844-48. Texas Bar Journal. Texas Bar, Dec. 2012. Print., 2012
- Bertolino, Tony R. "Texas Medical Professionals & the Licensing Complaint Process – What to Expect Every Step of the Way." Professional License Defense 1 (2010): n. pag. Ezine Articles. Web., 2010
- Bertolino, Tony R. "This Year Brought Legal Changes for the Medical Community in Texas." Professional License Defense (2009): n. pag. Ezine Articles. Web., 2009
- Did you receive a complaint letter from a Texas licensing board or commission? Are you currently under investigation for professional misconduct? Have the boards given you a written proposal to settle your licensing matter? Did you a receive a “notice of hearing” to appear in court to defend yourself? Are you threatened with sanctions, suspension or even revocation of your professional license? If your answered “yes” to any of these five questions, then this book is for you! In his book “When Your License is Under Attack: A Survival Guide for Texas Professionals,” attorney, Tony R. Bertolino, provides practical, yet strategic, solutions for professional licensees. Make no mistake about it. This book is a survival guide for licensed professionals. In the pages of this book, you will learn: How to respond strategically to a licensing complaint or investigation of misconduct How to minimize disruption to your work while you are under investigation Steps to maximize your compliance with professional licensing laws and regulations Practical tips that you can apply to your life so you can better handle “fallout” from your current situation Valuable Texas profession-specific information for registered nurses, licensed vocational nurses, advanced nurse practitioners, physicians, pharmacists, dentists and real estate agents/brokers If you find that your license is UNDER ATTACK by a Texas state board or commission, then this book is for you!, When Your License is Under Attack: A Survival Guide for Texas Professionals, When Your License is Under Attack: A Survival Guide for Texas Professionals, #1 Amazon Best Seller, Professional License Defense, 2017
Honors
- Named a Texas Rising Star by Texas Super Lawyers, 2011-2013
- Recipient, South Texas’ Christopher Langdell Academic Scholarship
- Perfect Score of “10.0” on Avvo
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Office location for Tony R. Bertolino
823 Congress Ave.
Suite 300-39
Austin, TX 78701
Phone: 512-807-6715
Selections
3 Years Rising Stars
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