Born and raised in the Midwest, Dan fell in love with Texas while attending law school at the University of Texas in Austin. Dan loves being a healthcare defense lawyer because of the opportunities it provides to help hardworking Texans in their often uneven struggles with powerful government agencies and large private entities.
His practice focuses on representing health care professionals and their businesses before state and federal agencies. He has extensive experience defending physicians, pharmacies, pharmacists, dentists, nurses, mental health practitioners, and other professionals before their different regulatory and licensing agencies. A large part of his practice is dedicated to pharmacy law and assisting pharmacies and pharmacists with the Texas State Board of Pharmacy, the DEA, Food and Drug Administration, Office of the Inspector General, and Pharmacy Benefit Managers. He also routinely defends physicians and other advanced practitioners in peer review and credentialing actions.
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.
A pharmacist at a big-box pharmacy was alleged to have been involved in a dispensing error that caused pediatric patients to mistakenly receive each other’s compounded medication. The pharmacist’s defense involved showing systems issues at the pharmacy that were outside the client’s control plus evidence of her implementation of new procedures following the error. The Board agreed to resolve the pharmacist’s case with a disciplinary order that included no requirements or restrictions.
The client went to law school after a prior career in real estate and being licensed as a title agent. The client had lost her title insurance agent’s license due to her alleged involvement in a fraudulent scheme involving newly built homes. Based on the alleged fraud and surrender of the client’s title agent’s license, the Board of Law Examiners made a preliminary determination that the client lacked good moral character and fitness. The client’s case proceeded to a character and fitness hearing where we successfully showed the client had not been a part of the fraudulent scheme. The Board members found the client possessed good moral character and they were admitted as an attorney.
Anesthesiologist had lost their DEA registration years before after being temporarily suspended by the Texas Medical Board for mental health issues. After successfully assisting client with having their medical license unsuspended, we applied for the reinstatement of their DEA registration. The DEA was ultimately convinced to issue the registration with no restrictions.
A pharmacist inadvertently administered an undiluted dose of a vaccine to several pediatric patients. After the presentation of mitigating factors and remedial measures taken by the pharmacist, the Board agreed to resolve the case through an Order requiring the pharmacist take six extra hours of continuing education.
The applicant went to law school after prior service in the military and a career in the insurance industry. The client had a long history of alcohol abuse and had also been terminated from their most recent pre-law school employer for failing to fulfill their job duties. The Board of Law Examiners notified the client of a preliminary determination that they lacked good moral character and fitness. We then presented additional information establishing the client’s long-term sobriety and showing they had been a reliable and hard-working student and employee since starting law school. The Board of Law Examiners agreed to withdraw their preliminary determination without the need for a character and fitness hearing.
A physician client issued several fraudulent controlled substances prescriptions to a patient. The patient then picked up the prescriptions and gave them to the physician to use. When the client hired an attorney, the DEA was dead set on revoking the client’s registration. The case was later settled through a memorandum of agreement that allowed the physician to keep their registration.
University of Texas at Austin School of Law
University of Illinois at Champaign-Urbana
State Bar of Texas:
Texas State Board of Legal Specialization:
Lype, Dest & Smith, PLLC 2023-present
Leichter Law Firm, PC 2008-2023
“Dan is a true, honest professional and knows his material well. Dan worked with me on a TSBDE Case where a request of records and audit was performed on 5 patients within my dental practice. Going in front of the board on your own or blind is a bad idea. Dan has experience with the board, its members, attorneys and thei...
“A thorough and experienced lawyer We are grateful to have Dan and his staff helped us with our case, dealing with Texas Medical Board. Dan is honest, experienced and very thorough. He was supportive throughout the proceedings. His caring and calm nature has made us feel at ease during the whole process. His office staff...
“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 case w...
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