On The Record . . .
Official Newsletter of BERTOLINO LLP

August 2025

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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 Attorney


Kerry Bloodsaw, Esq.

Associate Attorney


London de la Teja

Accounts Receivable Manager


Melissa Hooper

Legal Support Manager


Edith Colin Huerta

Paralegal [Certificated]



Cimone Murphree

Public Education and Awareness Manager


Jasen Dalus

Client Success Manager


Donald Collora

Client Success Intake Specialist


Dena Lackey

Marketing Specialist

FAQs on the Texas Department of State Health Services and Defending Your EMT Paramedic License


By Tony Bertolino, Esq.

Texas Department of State Health Services (DSHS) licenses and regulates emergency medical services (EMS) professionals.


As a part of its duties, DSHS receives, processes, and investigates complaints against EMTs and paramedics.


If you are the subject of a disciplinary complaint, a Texas EMT/Paramedic license defense attorney can help defend you at all stages of your disciplinary licensing proceedings.


Frequently Asked Questions:


What is the Texas Department of State Health Services (DSHS)? What is the EMS Compliance Group?


The Texas DSHS is a state agency with various divisions, including the EMS Compliance Group, which licenses and regulates various individuals and entities related to emergency medical services. One of the duties of the EMS Compliance Group is to investigate complaints made against:


  • EMS licensees or certificate holders (paramedics, emergency medical technicians (EMTs), and emergency care attendants (ECAs));
  • EMS personnel;
  • EMS providers;
  • EMS 1st responder organizations;
  • EMS education programs;
  • EMS course coordinators; and EMS instructors.


What happens when DSHS receives a complaint about a licensee?


When the EMS Compliance Group of DSHS receives a complaint, it first determines whether it has jurisdiction to investigate and address it. If the DSHS decides that it has jurisdiction over the complaint, it reviews it to determine if it alleges a violation of the Emergency Health Care Act or the Texas EMS rules. If DSHS determines that violations may have occurred, it will assign the case to an investigator to complete a formal investigation.


At that point, the investigator will contact the EMS licensee or entity to notify them of the investigation. The investigator will gather additional information from all involved parties to carry out the investigation, which may occur via mail, email, phone interviews, or, in some cases, on-site visits. Licensees also will have the chance to respond to the allegations in the complaint and provide additional information.


What kinds of complaints does DSHS investigate?


DSHS investigates all types of complaints. Some of the most common complaints involve the following:


  • Issues related to patient care;
  •  Failure to follow protocols;
  • Failure to provide DSHS with requested information;
  • Failure to appropriately document treatment and medication administration;
  • Expired licenses/certificates;
  • Equipment/supplies/medication deficiencies;
  • Drug diversion;
  • Criminal conduct;
  • Reckless operation of an ambulance; and
  • Unprofessional conduct which might endanger the public.


What types of events lead to disciplinary action by DSHS?


Anyone can file a complaint with DSHS against an EMS-licensed individual or entity. Another healthcare professional, first responder, or colleague can file a complaint with DSHS. However, other third parties, such as patients or patients' family members, can also file complaints. The complaint process can also be anonymous, which may make complaints more likely.


For example, in 2024, DSHS received 1,519 complaints. Of those complaints, 1,339 were directed at EMS personnel. About 400 of those complaints were internally generated, and 779 were self-reported. Only 12 complaints in 2024 were made anonymously.


Do I need to contact a lawyer if I receive a complaint from DSHS?


You should always contact a lawyer when you receive notice from DSHS that someone has filed a complaint against you. How you initially respond to the complaint can make a huge difference in the outcome of your case.


A lawyer can help you craft a comprehensive response to the complaint without any fear of admitting to a rules violation or harming your defense. By getting the help of legal counsel from the outset, you will have a better chance of resolving the complaint in your favor.


What can I do if I know the complaint isn't valid?


Even if you believe the complaint to be unfounded or wholly frivolous, you still must cooperate in the investigation process with DSHS and any ensuing disciplinary proceedings.


Refusing to respond or ignoring the proceedings could result in a finding of misconduct by DSHS or, at the very least, a refusal to cooperate or provide information. As a result, you could face sanctions from DSHS affecting your license if you ignore or fail to respond to the complaint.


Again, your first step after receiving notice of an active investigation should

be to contact an experienced license defense attorney to protect your rights.


Under no circumstances should you contact DSHS directly to tell your side of the story or explain why the complaint is false. All too often, talking directly to DSHS without the guidance of legal counsel can result in you inadvertently admitting to some misconduct or making your current situation worse.


What sanctions can occur as a result of a DSHS complaint?


If DSHS finds that a licensee has violated a rule or law related to their profession, they can face a range of sanctions, including license revocation, license suspension, a reprimand, or assessment of an administrative penalty.


Get Legal Advice and Defend Yourself Against Disciplinary Proceedings


An experienced Texas EMT/Paramedic license defense attorney at Bertolino LLP can examine your situation, evaluate your options, and advise you on the most effective strategy for minimizing any sanctions against your license. Our goal is to put you in the best position to protect your license and career from potentially negative consequences that may result from disciplinary proceedings.

Limited Series: "Sheri-isms" in Action

Philosophies Meant to be Lived, Not Just Quoted

by Sheri Middlemas

"Set the standard by which others should be measured" - Sheri Middlemas


At Bertolino LLP, we represent professionals whose licenses and livelihoods are on the line. The stakes are high, the issues complex, and the expectations even higher. That’s why my personal mantra, “Set the standard by which others should be measured” is more than a mindset. It’s a mandate. 

 

It means showing up – fully, consistently, and with intention. It means never coasting on what’s “good enough” but striving for what’s right, fair, and excellent, even when no one is watching. It means owning our roles as individuals who raise the bar, not just meet it. 

 

In professional license defense, we’re not just practicing law. We are defending reputations, careers, and futures. Each member of our team, whether client-facing or behind the scenes, plays a vital role in how that story is written. When every team member holds themselves to a higher standard, our firm doesn’t just succeed – we lead. 

 

Leadership doesn’t come with a title. It comes with choices. The choice to treat a client with empathy and urgency. The choice to respond to a challenge with clarity and courage. The choice to operate with integrity, even when things get hard. 

 

I believe in holding ourselves to the same level of excellence that we fight for on behalf of our clients. That is how we earn trust, build respect, and deliver results. 

 

When we set the standard – for communication, for professionalism, for follow-through – we give our clients confidence in us, and we give our colleagues something to mirror. 

 

So, I invite you to ask yourself: Am I setting the standard I want others to follow? Because when we each do that, we elevate not just our individual contributions, but the power and purpose of the entire team. 

 

Let’s continue to set the standard – together. 

Hallmark Achievements

Texas Board of Nursing v. LM


Facts: Our client, LM, hired us to assist in defending against allegations of unprofessional conduct by two patients. 


Outcome: The Firm analyzed the facts and applicable law. It was determined that facts and law demonstrate that the complaint allegations were unfounded.   The Firm crafted a robust advocacy response demonstrating that the allegations did not support a disciplinary violation. The Board dismissed the complaint due to insufficient evidence. Since the Firm successfully defended LM’s livelihood, career and reputation, LM can continue to serve the patients in her community. 

Common Issues Bertolino, LLP. Attorneys Encounter Defending License Holders

 by Troy Beaulieu, Esq.

#1 Record Keeping Problems— Make sure you have well-kept records, which are consistent with your regulator’s requirements, and keep a written records policy in place. Too often clients get a complaint, and a records issue arises after the complaint is opened because the license holder doesn’t have what they need, has poor practices or no written policies in place. An unmeritorious complaint can result in discipline from your regulator if during the investigation of an otherwise dismissible complaint, they discover records violations. 

 

#2. Communications Failures/Deficiencies – Communication is a critical part of effective client /patient relationships. Too often people forget to stay proactive with communication and convey necessary and timely information to clients. Other times license holders fail to notify their regulator about contact information changes, self-report certain developments in their professional career or otherwise respond promptly to inquiries, audits or complaints. All these communication shortcomings can be an independent basis for disciplinary action even if the underlying basis for the complaint lacks merit. Stay proactive in communicating with clients to avoid getting a complaint and if you do, promptly respond to your regulator and give them the information requested or required under the rules, so you stay out of trouble. 

 

#3. Improper Relationships/Boundaries Issues – Maintaining appropriate boundaries with your clients, patients or other people you interact with in your profession or occupation is critical to avoiding disciplinary problems. Many license holders hold special relationships, duties and obligations to clients or patients or are in positions of authority etc. and the law prohibits exceeding professional boundaries or having inappropriate platonic, romantic or sexual relationships with clients, patients or others they interact with in their job. Steering clear of any boundaries violations will help you avoid disciplinary action and, in some cases, even the prospect of criminal charges when inappropriate sexual relationships are alleged. 

 

#4. Meeting Minimum Standard of Care and Professionalism – Ensuring you have met the minimums for your profession or occupation will go a long way to preventing disciplinary action. Comply with the standard of care or practice for your licensed industry and make sure you’ve done your due diligence in the work you perform for clients or patients. If you’ve made a mistake or an error, take ownership and correct it immediately to mitigate the legal risks and harms. Even if there was no harm, if you failed to live up to the standards set by your regulator, you could face disciplinary action impacting your license and livelihood. 

 

#5 Avoiding Criminal History Issues – A criminal conviction or even deferred adjudication in a criminal matter can have huge impact on your license. Not only does it typically trigger a duty to self-report the matter, but it can also result in suspension or loss of your license. If you do get charged with a crime, don’t just hire a criminal lawyer, but get legal advice from a license defense professional who practices administrative law as well. Your license is on the line in many of these situations even if your criminal attorney is telling you the case won’t result in a final conviction on your record. It can still significantly impact your license. 

 

#6 Comply with Orders Issued by Your Regulator – Not meeting requirements issued by your regulator are a big way to find yourself in trouble. If the licensing agency has issued an order to you, comply with all its terms and conditions and do so in a timely manner. Missing a deadline, failing to complete requirements or otherwise breaching the terms of the order can put you in significant disciplinary jeopardy. If you’re out of compliance, take immediate steps to become compliant and mitigate any problems. When in doubt, or in need of help, hire a license defense attorney to counsel you and help you become compliant immediately. 


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.


A new weekly series Healthcare Pros Charting Texas, from the Know Your Regulator team focused just on healthcare license risks. In addition to our regular podcast, this series dives into real world scenarios and tips to help Texas Healthcare Pros stay compliant and protect their careers.


Episode 47: Press Play to Heal: Reshaping Occupational Therapy


Click here or the video below 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.

August Work Anniversaries

  • 8.07 Jasen Dalus
  • 8.14 Kerry Bloodsaw


August Birthdays

  • Tony Bertolino
  • Jasen Dalus


Special Notices

Bertolino LLP will be closed

Labor Day, September 1st, 2025

Recognition Days:

August 2025 Calendar


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


August Professional Days


08.06: Farmworker Appreciation Day


08.06 National Psychiatric Technician Appreciation Day

 

08.16: National Airborne Day

 

08.17: National Workers’ Comp Adjuster Day

 

08.19: National Aviation Day

 

08.22: National Surgical Oncologist Day

 

08.31: Love Litigating Lawyers Day


Side Bar ...

Side Bar Sessions: Behind the Scenes at Bertolino LLP


This month's Side Bar Session features Cimone Murphree, host of our Know Your Regulator podcast. As Public Education & Regulatory Awareness Manager, Cimone leads guest outreach, connects with regulatory agencies, and produces weekly episodes, including the new Healthcare Pros Charting Texas series. Her on-camera presence, production skills, and behind-the-scenes leadership make our podcast a trusted source for timely updates on Texas professional license regulations.


Cimone recently received a well-deserved promotion to Public Education & Regulatory Awareness Manager, a role created specifically to match her talent, initiative, and leadership. Congratulations, Cimone, this new role positions you to rise even higher in advancing client education and outreach.

Watch what makes our team culture stand out in this week’s Sidebar Session. 🔗 Get to know us

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