Protecting Your Career: Your Trusted Professional License Defense Advocate
At Lype, Dest & Smith, we know receiving a complaint or notice of investigation from a Texas licensing board can feel like the ground shifting beneath your feet. Your career, the practice you built, and the income you depend on suddenly face a serious risk.
Working with an experienced professional license defense lawyer from the moment you receive a complaint can determine whether you keep your license or lose it. Texas licensing agencies carry multi-million dollar enforcement budgets, employ dedicated staff attorneys, and pursue disciplinary action with the full weight of state authority. Going up against that alone is a mistake we have seen too many professionals regret.
Disciplinary actions often arise from non-obvious issues like billing disputes or documentation gaps. Even minor sanctions can harm your reputation, hospital privileges, and payor contracts. More severe outcomes like suspension or revocation can permanently derail your career.
Retaining legal representation early keeps more options on the table.
Our attorneys step in at every stage, from the day a complaint arrives through contested hearings and any appeal. In practice, that means:
Our firm exclusively represents licensed professionals and healthcare entities before Texas and federal regulatory agencies. The cases we handle span the full range of licensing matters, including the following:
To learn more about one specific area, our article on What Can Get a Dentist Investigated by the Dental Board? walks through common triggers for TSBDE complaints in detail.
The Texas Medical Board receives approximately 9,000 complaints each year from patients, family members, healthcare professionals, law enforcement and other sources. Within the first 45 days, TMB staff conduct a preliminary review to determine whether the alleged conduct, if true, would constitute a violation of Texas law or board rules. Complaints advancing past that screening enter a formal investigation, during which board investigators may request medical records, interview witnesses, and consult with medical experts in the case of alleged substandard care.
After the investigation, the Board may dismiss the case, offer a Remedial Plan, or forward the matter for an Informal Settlement Conference. Approximately 90 percent of all TMB disciplinary actions are resolved through these informal processes, making ISC preparation the most important stage of any licensing case. Cases in which no resolution is reached proceed to a contested hearing before SOAH, where an administrative law judge presides.
For nurses specifically, our resources, Common Reasons Nurses Lose Their Nursing License and Nursing License Investigation Process, identify the most frequently cited grounds for BON disciplinary action.
License revocation ends your ability to practice legally in Texas. Under Texas Occupations Code Section 164.009, a physician who has exhausted the administrative process and faces revocation or other disciplinary action may appeal to a Travis County district court but only within 30 days of the final board decision. Missing that deadline eliminates the right to judicial review.
Beyond losing the ability to practice, revocation triggers mandatory NPDB reporting, alerting hospitals, credentialing bodies, and insurers nationwide. Payor contracts with Medicare, Medicaid, and private insurers often terminate automatically, and you must notify current employers.
Our article on What is Medical Abandonment, and How Could it Affect Your License? explains one frequently misunderstood category of conduct leading to serious disciplinary consequences.
“Your legal challenges deserve precise attention and dedicated advocacy. We’re committed to navigating the complexities of law, ensuring your rights are safeguarded and your objectives achieved. Trust our experienced team to stand by you every step of the way.”
Dan Lype
Founding Attorney
Professionals who respond without legal counsel often inadvertently confirm factual allegations, omit favorable evidence, or frame their conduct in ways that justify escalating sanctions. Early representation changes that. An attorney reviews the complaint first, builds a response around the strongest evidence, and engages board staff while the case still has room to move.
During the ISC, the defense presented by you and your lawyer determines if the board dismisses the case, suggests a settlement, or pursues formal discipline. Many professionals unwisely attend without counsel, giving board attorneys a major advantage.
Some clients come to us the day a complaint letter arrives. Others come after a proposed Agreed Order already sits on the table. Do not wait until a proposed sanction arrives to seek representation.
Our attorneys have defended licensed professionals before every major Texas licensing board and numerous federal agencies. The following outcomes reflect what diligent preparation achieves.
RN v. BON (Texas Board of Nursing)
Source: lypedestsmith.com/results
Applicant v. BLE (Board of Law Examiners)
Source: lypedestsmith.com/results
“I originally was so scared with what I was dealing with, but now looking back, I would have paid his fee 3 times over for his role in helping me keep my license and career. Dan explained the whole process and strategy and prepared me for the worst scenarios. He organized an order for my license, allowing me to keep my job, with no restrictions on me while working. I am forever grateful for him and his team.”
— Jessica
“This attorney is very diligent, calm, and professional. He listens carefully and pursues justice aggressively for his clients. His main goal is exoneration. He recently represented me before the Texas Medical Board, and all allegations were dismissed. Great guy. You will like him.”
— Anonymous, “Great Attorneys in Texas”
Source: lypedestsmith.com/testimonials
Most attorneys who handle licensing matters learned this area from the outside. When you hire a professional license defense lawyer from our firm, you work with attorneys who learned it from inside the agencies themselves.
A licensing board complaint threatens everything you have built. The right professional license defense lawyer at the right time changes outcomes. Call Lype, Dest & Smith today at 512-881-3556 to speak with an attorney who understands exactly what you are facing and knows how to defend it.
Ms. Smith’s practice focuses on administrative and health care law with a primary emphasis on professional license defense. She has represented numerous clients before various state agencies including the Texas Board of Nursing, Texas Medical Board, Texas Department of Licensing and Regulation, and the Texas Real Estate Commission.
Years of experience: 7 years
Bar number: 24102510 (TX) & 36027 (LA)
Location: Austin, TX
Avvo Page
Not afraid to go to court when necessary, Dan has successfully litigated cases all the way to the Supreme Court of Texas. Dan also prides himself on being readily available to clients throughout their cases. He strongly believes effective representation should be a collaborative effort between a client and their attorney.
Years of experience: 15 years
Justia Profile: Dan Lype
Bar number: 24065658
Location: Austin, TX
A professional license in Texas faces suspension or revocation when a licensing board determines the holder has violated applicable statutes, board rules, or professional standards. Most involve discretionary discipline, giving a defense attorney room to negotiate. However, each Board has statutes and rules that define situations in which the Board is mandated to take certain action. For example, under the Medical Practice Act, Chapter 164.057, the Medical Board must suspend a physician’s license based on initial conviction of a felony or certain misdemeanor criminal offenses. Even then, an attorney can manage collateral consequences, appellate options, and reinstatement terms. A single complaint can lead to revocation, and certain criminal convictions remove the board’s discretion entirely.
You are not required to hire an attorney to represent you, but retaining a professional license defense lawyer significantly improves your position at every stage of a board proceeding. Licensing boards employ experienced staff attorneys who handle hundreds of cases each year. Responding without equivalent legal expertise places you at a real disadvantage. An attorney helps you avoid inadvertent admissions, prepares you for the ISC, and makes sure the board follows its own rules.
The defenses available depend on the specific allegations and the facts of the case. Common approaches include demonstrating that the practitioner met the applicable standard of care, challenging the credibility of the complainant’s allegations, and presenting evidence of contributing factors outside the practitioner’s control. Additional strategies include identifying procedural defects in the investigation and, in cases involving prior discipline, presenting evidence of professional growth and completed coursework.
Contact a license defense attorney before responding to the board in any form. Do not submit a written response, speak with board investigators, or contact the complainant without legal counsel. Preserve all relevant records, including patient charts and communications related to the underlying allegations. Note any deadlines in the complaint letter; missing them carries adverse procedural consequences. The decisions you make in the first days after a complaint arrives shape everything that follows.
If you or a loved one needs legal help, please fill out the form below for your consultation or call us at 512-881-3556
“ Wonderful Administrative Lawyer. Mr. Lype represented me at a hearing before the Texas Board of Law Examiners. After substantial preparation, I was well prepared for the hearing. Dan has relationships with the staff members and was able to help me understand exactly what to expect. With Dan’s assistance I was ab...”
“ Great Attorneys in Texas. This attorney is very diligent ,calm ,professional who will listen to you and very aggressive in his pursuit for justice for his clients.His main goal is exoneration for which he effortfully seeks.Plea deal would be his lost resort. Recently successfully represented me before the Texas Me...”
“ Worth every penny. Mr Lype is a bulldog when it comes to defending his client. He is diligent, agreesive and great listener. He provides timely updates on your case. Mr Lype is very verse in the healthcare laws of Texas and is worth having on your team. I would use him every time. ”
“ Highly recommend. I had pretty serious allegations resulting in an investigation. Dan helped guide me perfectly And gave me reassurance that I really needed.. He knew exactly how much information to provide at each step along the way. During my hearing, he pleaded my case very effectively. Due to his expertise, my...”
If you or a loved one needs legal help, please fill out the form below for your consultation or call us at 512-881-3556
