On The Record . . .
Official Newsletter of BERTOLINO LLP

April 2026

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Our Firm


Tony R. Bertolino, Esq.

Managing Partner


Sheri L. Middlemas

Chief Operating Officer


Troy Beaulieu, Esq.

Director of Legal Services


LaJuana Acklin, Esq.

Senior Associate


Kerry Bloodsaw, Esq.

Senior Associate


Amy Cadwell, Esq.

Associate



London de la Teja

Accounts Receivable Manager


Melissa Hooper

Legal Support Manager


Valerie Rivera

Paralegal [Certificated]



Cimone Murphree

Public Education and Awareness Manager


Jasen Dalus

Client Success Manager


Donald Collora

Client Success Liaison


Dena Lackey

Marketing Specialist


Evan Looney

Administrative Assistant

Colleen Raza
Receptionist

What Texas Nurses Should Know About the Scope of Practice Decision-Making Model


By Tony Bertolino, Esq.


For Texas nurses, “Can I do this?” is not just a clinical question. It is also a legal and regulatory one. The Texas Board of Nursing (BON) expects every licensed nurse to understand and practice within their scope of practice under the Nursing Practice Act and BON rules. When the Board believes a nurse has gone beyond that scope, it can trigger an investigation.


What “Scope of Practice” Really Means


Texas law defines “professional nursing” as work that requires specialized judgment and skill, grounded in nursing education and science, but that does not include medical diagnosis or prescribing. In practice, this includes activities such as:


  • Assessing patients and providing care, counsel, and health teaching
  • Preventing illness and promoting health
  • Administering medications and treatments ordered by authorized practitioners
  • Supervising or teaching nursing and helping develop nursing care plans


Licensed Vocational Nursing is defined in similar but more limited terms, reflecting differences in training and responsibility.


How the Decision-Making Model Helps


Because nurses have varying levels of education and experience, the BON recommends using its Scope of Practice Decision-Making Model (DMM) as a step-by-step tool. The idea is simple: before you perform a task, you pause and ask structured questions such as:


  • Do I have the necessary education, knowledge, and skill to perform this safely?
  • Is there a valid order from someone legally authorized to give it?
  • Do I have adequate resources and support to carry this out safely?
  • Is the required level of supervision in place for my role?


If the answer to all of the model’s questions is “yes,” the task is likely within your scope of practice. If you must answer “no” at any point, the model is signaling you should not proceed.


Valid Orders


Nurses should act only on orders from practitioners authorized to prescribe in Texas and should seek clarification any time an order appears incomplete, unclear, or unsafe.


Nurse Competence


Competence is not just about feeling comfortable with a task. The BON points to nursing education, continuing education, certifications, and your own record of past performance, evaluations, and skills check-offs as evidence that an activity fits your scope of practice.


Practical Application


For nurses already juggling heavy workloads, the Decision Making Model can be easily applied to their day-to-day work. This includes:


  • Pausing before taking on a new or unfamiliar procedure
  • Clarifying doctors’ orders that seem confusing or just plain wrong
  • Recognizing when supervision or resources are inadequate
  • Identifying necessary training, which includes better documentation


Used this way, the model is less about adding paperwork and more about supporting safe decisions that protect your patients and your license.


Taking proactive steps to protect your nursing license is essential any time you are uncertain about your scope of practice or the expectations of the Texas Board of Nursing. Understanding how the Decision Making Model, Board rules, and your own competence fit together can help you make safer day-to-day decisions.


When questions do arise, taking time to pause, review the model, and seek guidance early can reduce risk, support patient safety, and help protect the career you have worked hard to build.


Get the Advice You Need About Your Nurse License


When you face a disciplinary complaint concerning your Nurse license, you risk significant sanctions that could adversely affect your career. Don’t try to handle such a critical situation on your own. The Nurse License Defense Lawyers at Bertolino LLP can examine your circumstances and help you determine the most effective means of protecting your license.


Call us today at (512) 476-5757 or get more information about us online on our website.

Team Bertolino Welcomes Our New Receptionist!

If you have called our office recently, there is a good chance you have already met the newest member of our team, Colleen Raza. As our Legal Receptionist, Colleen is often the very first person our clients speak with when they reach out to Bertolino LLP. She understands that contacting a law firm can feel stressful, and she is committed to making that first step as calm, clear, and welcoming as possible.


With more than five years of experience in customer service, Colleen brings a natural gift for listening and a strong focus on clear, high quality communication. She takes pride in helping clients feel informed and supported from the very first call, whether she is coordinating schedules, directing questions to the right team member, or simply making sure you know what to expect next.


Colleen also brings a long term perspective to her role. She aspires to grow within the firm into a paralegal position and is intentionally building her skills from the ground up. That commitment to learning and growth reflects the same mindset we bring to our work on behalf of licensed professionals across Texas.


Outside the office, Colleen enjoys quieter moments with a good book, her two cats, Cheese and Simba, and her fiancé, Seth. We are grateful to have her as part of Team Bertolino, and we know our clients will appreciate the care and professionalism she brings to every conversation.


Please join us in welcoming Colleen to the firm. We are thankful for the trust you place in us, and we believe her presence will make your experience with our office even more responsive and supportive.

Limited Series: "Sheri-isms" in Action

Lead Clearly. Show Up Fully.

by Sheri Middlemas

Somewhere along the way, leadership got complicated … more tools, more noise, more doing.  Through my vast years of experience, I have found that leaders who truly move teams forward do two things exceptionally well, they lead clearly and they show up fully. 


Over the past several months, I have been working with my leadership team using two powerful frameworks. The New One Minute Manager by Ken Blanchard is about efficiency and simplicity. The Five Dysfunctions of a Team by Patrick Lencioni focuses on the dynamics of team health and trust. On their own, each of these classics is powerful. When fused, they create something even more impactful: one provides the structure leaders need, while the other calls them to lead with humanity. 


Clarity isn’t about saying more, it is about making sure your team knows what matters most. Priorities are visible, expectations are understood, and feedback is timely. When people are clear, they don’t hesitate, they execute. That said, clarity alone is not enough. 


Teams don’t just need direction; they need leadership presence. Showing up fully means being willing to say, “I don’t have all the answers,” or “I missed that.” It means inviting input instead of controlling outcomes. It is the kind of vulnerability that builds real trust, not just surface alignment. 


The truth is that your team can feel the difference. When you hold back, they hold back. When you show up, they lean in. The real shift happens when you do both, at the same time. 


Clear priorities. Open presence. Direct feedback. Genuine care. That’s the leader people trust, and trust is what turns a group of individuals into a team that performs. 

Hallmark Achievements

The Texas State Board of Plumbing Examiners v. RC


Facts: RC hired firm after his application for licensure was denied. The denial was based on RC’s very serious and violent felony conviction. Based on the conviction the Board felt that he did not meet the requisite factors demonstrating rehabilitation. RC hired firm to represent him during his SOAH hearing.


Outcome: During the hearing the firm had RC testify to his criminal conduct and how he had changed. He testified about his conduct while in prison and all the vocational and corrective programs and certifications he completed. RC took responsibility for his prior conduct and demonstrated an understanding of his mistake. The firm then had three witnesses who worked with RC at a plumbing company after his release from prison testify to his character, work ethic and knowledge of his past conviction. All three testified that they were acutely aware of the conviction and still felt that RC would make a great license holder. The firm then cross examined the Board’s only witness and through her testimony demonstrated that the Board was not looking at all the factors and merely denying the application based on the seriousness of the violent felony conviction. After analysis of the evidence presented the judge issued a proposal for decision that found that the Board should approve RC’s application. 

American Speech Language hearing Association v. AP



Facts: AP received a complaint from ASHA filed by her former school district. The complaint alleged that she refused to comply with policy after her resignation and did not provide the school with her treatment session notes and assessments. AP retained other counsel who provided a response to the complaint. After analysis of the response ASHA issued AP a proposed public disciplinary sanction finding violations for not providing the records and that the quality of the records was also below the standard of care. AP retained the firm after receiving the proposed sanction and we rejected the offer and requested a hearing.

 

Outcome: ASHA set the matter for a hearing, and the firm drafted a rebuttal brief to the allegations and proposed sanction. Prior to drafting the rebuttal, the firm determined that not all the original treatment records were turned over to ASHA by AP’s original attorney. The firm provided the missing records which included the detailed individualized assessments of all of AP’s students. At the hearing AP testified to why she did not turn over the records. It was made clear during the hearing- unlike in her original response to the complaint- that the school did have copies of all her records uploaded to the school’s online system. Based on that, AP felt that they were only asking for records to harass her since she assumed they had assess to the online system. After consultation with the firm, AP acknowledged during the hearing that she could have communicated better with the school and been clearer about what records she assumed they had or did not have. After the hearing ASHA dismissed the case.

The Connection Between Regulatory Law and Immigration Law: What You Need to Know

by Troy Beaulieu, Esq.

Today more than ever your obligations as a licensed professional or regulated business can be impacted significantly by the intersection of licensing laws and regulations and immigration law.


Licensed professionals and regulated businesses need to be mindful of the important confluence in these two areas of law for two main reasons: (1) If you are not a U.S. citizen, your license issued to practice your profession or occupation can be impacted in significant ways by immigration law; (2) Your business license or professional license can be impacted by employees whom you sponsor or employ who are not U.S. citizens. This article will discuss both issues and what you can do to avoid legal risks.


Risks to Avoid When You Hold a License to Practice and Are not a U.S. Citizen Proof of Work Authorization


Texas legal interpretations from Attorney General Ken Paxton have recently changed and are being revised through new legislation and new state agency rules. If you are a renewing license holder or an applicant for a license you must demonstrate you have the legal right to work in the United States.

 

If you cannot provide proof of your authorization to work by submitting certain documentation, your licensing agency make refuse to issue or renew a license. This could leave you without the ability to practice and earn a living. For those people who are relying on a work visa tied to their occupation, you could face loss of your visa if you no longer have the ability to practice. Likewise, if your license is not approved or renewed and you continue to practice, you can face civil, regulatory and criminal liability for unlicensed activity.


License Suspension, Revocation or Inactive Status 


If your regulator takes action to suspend or revoke your license or your license becomes inactive due to a failure to renew or completed required continuing education, you can face significant legal consequences. If your license is expired, inactive, suspended or revoked, it is illegal for you to engage in activities that require a license and doing so exposes you to criminal, civil and regulatory liability. It also could impact your visa status and eligibility.


Legal Pitfalls You Should Be Aware of as a Regulated Business Owner Sponsoring or Employing Non-U.S. Citizens


Businesses that employ non-citizens must also be careful that they do not expose their business or professional license to legal liability. Making sure employees do continue to have work authorization and a valid license to practice is critical. This includes confirming license renewal applications are submitted timely, continuing education obligations are met promptly and visa authorization and approval to work remains valid. An expired license or missing / late continuing education or lack of work authorization can create a lapse in licensure and expose the business or your professional license to liability for aiding and abetting unlicensed activity.


Takeaways For Staying Compliant and Protecting Your License in Connection With Immigration Law


Overall, there are important obligations for non-citizen licensed professionals and businesses that employ non-citizens in professions or occupations licensed by the State of Texas. Making sure you fulfill these duties will reduce your legal risk. Remember to:


  • Confirm and periodically audit work authorization documentation, license renewal and continuing education obligations for your license and the licenses of employees and those whom you supervise.


  • Seek immediate license defense legal counsel when your license comes under attack and you face the risk of license suspension, revocation, non-renewal or inactivity.


  • Seek appropriate immigration attorney consultation concerning potential impact to your visa eligibility if you face suspension, revocation or other impact on your license preventing you from working.


For more information on this critical legal issue, watch a recent episode of the Know Your Regulator podcast we talk to immigration attorney JJ Amell.  


If you do discover regulatory compliance problems or get notice of a complaint or problem with your license application, we are here to help. Contact Bertolino LLP for all your license-related legal needs and we’ll fight to protect your likelihood, professional reputation and license.


Contact Bertolino LLP today and our skilled regulatory and compliance attorneys can help you stay ahead of the compliance curve, and out of legal trouble. (512)476-5757

Engage with your regulatory agency like never before! Navigating the laws that govern your license and profession can be challenging. That’s why we’ve created Know Your Regulator, an educational resource designed to help license holders take charge of their careers. Stay informed with important agency updates, gain valuable insights, and discover opportunities to enhance your professional license by following and subscribing to our podcast and Youtube channel.


In this episode of Know Your Regulator, I sit down with immigration attorney J.J. Amell, founder of Amell Law Firm located in Houston, Texas and Director of Legal Services for Bertolino Law Firm, Troy Beaulieu, to unpack what’s changing for foreign-trained physicians, including Texas reforms like House Bill 2038, and what still trips people up. We talk through the most common misunderstandings internationally trained professionals bring into the Texas licensing process, why state agencies often have limited discretion, and how a simple mismatch in education, exams, or documentation can become a real roadblock.


Episode 73: Qualified Isn’t Authorized: Licensing & Immigration Risks in Texas



Click here or the video to view.

Empower your license and career, and stay ahead in your industry. Take advantage of our free educational resources by visiting Know Your Regulator today!

Learn how you can proactively protect your license by engaging with your regulator and staying informed about regulatory developments in your industry.


With Bertolino LLP's insights regulatory insight, suggestions, and information, we can help you minimize your compliance risk profile and stay ahead of your competition by engaging with your regulator.

Recognition Days:

April 2026 Calendar


Team Bertolino is grateful for the expertise and dedication of these professionals. Thank you for your outstanding contributions to your respective industries.


April Professional Days



04.01: U.S. Air Force Academy Day

 

04.03:

Hospital Admitting Clerks Day

Paraprofessional Appreciation Day

                                

04.04: School Librarian Day

                                

04.06:

Army Day

National Library Day

                                

04.07: National Integrated Respiratory Care Week

 

04.08: International Be Kind to Lawyers Day

                                

04.11: National Submarine Day

 

04.14: Pathologists’ Assistants Day

                                

04.18: Lineman Appreciation Day



04.19:

Admin Professionals Week

Medical Laboratory Professionals Week

                                

04.23: Army Reserve Day

                                

04.25: 

Hairstylist Appreciation Day

National Hug a Plumber Day

National Library Workers Day

National Plumbers Day

World Veterinary Day

                                

04.28: Occupational Safety & Health Day

School Bus Driver Appreciation Day


 

Side Bar ...

Why I Love Working at Bertolino Law Firm:

Changing Lives!



This summer it will be a year since we launched Side Bar Sessions, a new video series that gives you a behind-the-scenes look at the people who power Bertolino LLP. Inspired by our recent team retreat focused on building trust, transparency, and a culture of support, these short videos highlight the values and heart our team brings to work every day. We gave employees five different prompts, and the most popular by far was: What do you love most about working here? Every team member who submitted a video picked that one, which says a lot.


Fittingly, Sheri Middlemas kicked us off, of course, as the leader she is! In her video, she shares what she loves most about being part of the firm: “We change lives.” From doctors and nurses to attorneys, real estate agents, and teachers, Sheri reminds us that our work is more than legal strategy; it’s about protecting the careers, reputations, and futures of professionals across Texas. Her passion reflects the mission that drives us all and echoes the core values we explored at the retreat. Side Bar Sessions is just one way we’re keeping that spirit alive, giving our team a space to celebrate what makes this firm so impactful, for clients and each other.


Visit our website our YouTube Channel @bertolinollp

BERTOLINO LLP | (512) 476-5757 | 823 Congress Avenue, Suite 300, Austin, TX 78701 www.bertolinolaw.com | info@bertolinolaw.com