Healthcare professionals in Texas may face license reviews for a variety of reasons—ranging from complaints and audits to more serious allegations. When this happens, many medical practitioners find themselves in a legal gray area, unsure of their rights and responsibilities. One of the most pressing concerns is whether they can continue practicing while their license is under review. The guidance of experienced Texas license defense attorneys is essential in navigating this complex situation, as every case is unique and the consequences of missteps can be significant.
Understanding License Review Processes in Texas
In Texas, professional licensing boards such as the Texas Medical Board or the Texas Board of Nursing oversee the licensing process for healthcare providers. When a complaint is filed, the board initiates an investigation to determine whether the claim has merit. During this time, a healthcare license may be categorized under “review” or “investigation,” which does not necessarily mean the provider is suspended or revoked.
This distinction is important. In many cases, a healthcare provider can continue practicing while their license is under review, unless the board imposes temporary restrictions or suspensions. However, continued practice must be done cautiously and in compliance with any interim conditions the board may enforce. Legal representation by qualified defense attorneys can help providers understand these conditions and remain compliant throughout the investigation.
Practicing During a Pending Investigation
While under review, a healthcare professional is not automatically stripped of their license. The review is an administrative process aimed at verifying whether a violation has occurred. Unless the licensing board issues an emergency suspension or a temporary cease-and-desist order, the provider may legally continue their work.
That said, it is crucial to know the terms of the review. If there are specific limitations placed on your license—such as a restriction on prescribing medications or performing certain procedures—violating these terms can lead to more severe penalties, including permanent license revocation.
Moreover, patients and employers may become aware of the pending review, which can impact your reputation and employment status. Having a clear strategy in place, including the help of Texas license defense attorneys, allows healthcare professionals to address these concerns proactively and legally.
Potential Risks of Continuing to Practice
Practicing while under review comes with certain risks. If the investigation later results in disciplinary action, any perceived violations during the review period may be used against you. For instance, if you failed to disclose the ongoing review to a credentialing body or ignored interim limitations, this could worsen the final outcome.
Additionally, if a healthcare provider is involved in a malpractice suit during this period, the opposing legal team may use the pending license review to challenge the provider’s credibility or competence. This is why legal guidance is so critical at every stage of the investigation process.
For context, according to the Federation of State Medical Boards, disciplinary actions have been on the rise in many states, highlighting the importance of legal vigilance during investigations.
Employer Notification Requirements
Another important factor to consider is whether your employer needs to be notified of the review. In some cases, employers have contractual clauses that require immediate disclosure of any license-related inquiries or investigations. Failing to notify them can result in job termination or further disciplinary actions.
Moreover, hospitals and medical groups often conduct their own internal reviews when they learn that a provider’s license is under investigation. This can lead to temporary suspension of hospital privileges or even dismissal, independent of the state licensing board’s decision.
Mitigating Damage to Your Career and Reputation
Even if you are allowed to practice while your license is under review, your professional reputation can still suffer. News of the investigation can spread quickly among colleagues, patients, and on public databases. To minimize reputational harm, it is advisable to be proactive in your legal defense and public communication.
Public relations and legal strategies often go hand in hand. For instance, legal counsel can help craft statements or responses to inquiries that protect both your legal standing and your professional image. In some instances, it may be beneficial to voluntarily reduce your patient load or take administrative duties until the investigation concludes.
The Role of Legal Representation
Working with experienced defense attorneys is often the most effective way to navigate a license review. These attorneys understand the protocols of state licensing boards and can provide advice tailored to the specifics of your case. They can also represent you during board hearings, manage communications, and help ensure your rights are protected throughout the process.
Legal counsel is especially important if the investigation escalates from a simple review to a formal complaint or hearing. Having a lawyer from the outset improves your chances of a favorable outcome and reduces the risk of unintentional violations during the review period.
Conclusion
While you may be allowed to continue practicing during a healthcare license review in Texas, doing so requires careful adherence to legal and regulatory guidelines. The stakes are high, and the risks—both legal and professional—can be significant. Engaging skilled Texas license defense attorneys early in the process is essential to protecting your license, your livelihood, and your reputation. A proactive legal strategy can make all the difference when your professional future is on the line. read more
