Texas Medical Board Representation

Expert representation for physicians facing Texas Medical Board complaints, investigations, and disciplinary proceedings.

What Is the Texas Medical Board?

The Texas Medical Board (TMB) is the state agency responsible for licensing and regulating physicians, physician assistants, acupuncturists, and surgical assistants in Texas. The TMB has the authority to investigate complaints against licensees, impose disciplinary sanctions, and revoke medical licenses. When you receive notice that the TMB has opened a complaint or investigation into your practice, your career and livelihood are immediately at risk. The TMB complaint process is complex, adversarial, and weighted in favor of the board. Board investigators, legal staff, and expert consultants work together to build cases against licensees. Without experienced legal representation, many physicians find themselves at a severe disadvantage — making statements, producing documents, or accepting settlement terms that damage their careers unnecessarily. Victoria Soto has spent over 20 years representing physicians before the Texas Medical Board. She understands the board's investigation methods, the legal standards at play, and the strategies that produce the best outcomes for her clients.

Who Needs TMB Defense Representation?

Any physician licensed in Texas who receives a complaint or inquiry from the Texas Medical Board needs experienced defense representation. Common scenarios include complaints filed by patients alleging substandard care, investigations triggered by hospital peer review reports, complaints related to prescribing practices, especially involving controlled substances, allegations of unprofessional conduct, boundary violations, or impairment, and referrals from other agencies such as the DEA, CMS, or law enforcement.

Standard of Care Complaints

Defense against allegations that your diagnosis, treatment, or management of a patient fell below the accepted standard of care.

Prescribing Investigations

Representation in investigations involving controlled substance prescribing patterns, PMP data, and DEA compliance.

Unprofessional Conduct

Defense against allegations of unprofessional behavior, boundary violations, sexual misconduct, or disruptive conduct.

Impairment Allegations

Guidance and defense when facing allegations of substance abuse, mental health impairment, or physical inability to practice safely.

Do You Need a Texas Medical Board Defense Attorney?

If you have received any communication from the Texas Medical Board — even if it seems routine or informal — you should consult with an attorney before responding. The TMB process is designed to gather information from you that can be used to support disciplinary action. Physicians who respond to board inquiries without legal counsel frequently say things that hurt their cases. You need a TMB defense attorney if you have received a letter from the TMB notifying you of a complaint, a TMB investigator has contacted you or your office, you have been asked to provide medical records or a written response to allegations, the board has proposed an agreed order or settlement, you have been scheduled for an informal settlement conference, your case has been referred to SOAH for a formal hearing, or the board has taken emergency action against your license.

Do not respond to any TMB communication without legal counsel. Do not speak with investigators, submit records, or sign anything until you have consulted with an experienced TMB defense attorney.

The TMB Complaint Process

1

Complaint Filed

A complaint is filed with the TMB by a patient, family member, colleague, hospital, insurance company, or another agency. The TMB can also initiate investigations on its own.

2

Jurisdictional Review

Board staff reviews the complaint to determine if it falls within the TMB's jurisdiction and whether it warrants investigation.

3

Investigation

A TMB investigator reviews medical records, interviews witnesses, and gathers evidence. You may be asked to provide records and a written response.

4

Expert Review

In standard of care cases, the board may send your records to an expert reviewer in your specialty for an opinion on your care.

5

Informal Settlement Conference (ISC)

If the investigation reveals potential violations, you and your attorney attend an ISC to discuss the case and negotiate a possible resolution.

6

Formal Hearing at SOAH

If the ISC does not resolve the case, the board files formal charges and the matter proceeds to a contested case hearing before an Administrative Law Judge at SOAH.

7

Board Decision

After the SOAH hearing, the ALJ issues a recommendation. The board reviews it and issues a final order, which can be appealed to state district court.

Frequently Asked Questions

Facing a Texas Medical Board Complaint?

Time is critical. Contact V. Soto Medical Law now for experienced defense representation that protects your medical license and your career.

Serving Healthcare Professionals Throughout Texas

V. Soto Medical Law represents healthcare professionals across the state of Texas. Click a city below to learn more about our services in your area.