Official Newsletter of BERTOLINO LLP | | | |
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
Amy Cadwell, Esq.
Associate Attorney
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
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Texas State Board of Pharmacy FAQs and Defending Your
Pharmacist License.
By Tony Bertolino, Esq.
The Texas State Board of Pharmacy (TSBP) regulates licensed pharmacists in the state. Obtaining experienced legal counsel to represent your interests in disciplinary proceedings before the TSBP can be a substantial step in reaching a positive outcome in your case. Therefore, if you are facing disciplinary investigations, complaints, or formal proceedings, you should consult a pharmacist license defense attorney for help. Here are some Frequently Asked Questions (FAQ) about disciplinary proceedings before the TSBP.
- What is the Texas State Board of Pharmacy (TSBP)?
- How does TSBP handle complaints against licensed pharmacists?
- What happens during a TSBP investigation?
- What is an Informal Settlement Conference?
- What is an Agreed Board Order?
- What is a Remedial Plan?
- Will I have a hearing during the TBSP disciplinary process?
- What are the possible outcomes for a complaint before TBSP?
- What sanctions can I face for violating the rules or laws that govern Texas pharmacists?
1. What is the Texas State Board of Pharmacy (TSBP)?
The TSBP is a state agency that licenses and regulates pharmacists, pharmacy technicians, and pharmacies. This agency also investigates and prosecutes alleged misconduct and legal violations by pharmacists.
2. How does TSBP handle complaints against licensed pharmacists?
When TSBP reviews a complaint, it evaluates whether the allegations in the complaint constitute a violation of the Texas Pharmacy Act or state drug laws. If the complaint shows one or more of these allegations, the TSBP forwards the complaint to an investigator.
In some cases, complaints involve issues that the TSBP does not handle. For instance, if the complaint concerns customer service or insurance issues, the TSBP will dismiss the complaint without further action. However, the TSBP can also refer complaints to other agencies that handle the subject of those complaints.
3. What happens during a TSBP investigation?
The investigator will gather more information about the complaint, including talking to the complainant and obtaining relevant documentary evidence. If the investigation shows evidence of a violation, TSBP may initiate formal disciplinary proceedings. TSBP also will notify the licensed pharmacist of the allegations in the complaint.
4. What is an Informal Settlement Conference?
When TSBP initiates disciplinary action against you based on a complaint, the agency will invite the pharmacist to an informal settlement conference. At that conference, the pharmacist meets with a panel of TSBP staff and two board members to present evidence that they comply with all laws and rules. The pharmacist and the TSBP representatives also will discuss all issues related to the incident that led to the complaint. After the settlement conference, the panel will propose a resolution to the complaint, which may include sanctions. Since many complaints are resolved at this stage, pharmacists should engage legal counsel to assist them at the informal settlement conference.
5. What is an Agreed Board Order?
After an informal settlement conference, the pharmacist may agree with the recommendation if the TSBP panel recommends a sanction for a violation that it has identified. In that case, the pharmacist and the TSBP both will sign a proposed Agreed Board Order (ABO). The entire TSBP board will consider the proposed ABO at its next regularly scheduled meeting, at which it can either approve or deny the proposed ABO.
6. What is a Remedial Plan?
A remedial plan is a non-disciplinary means of resolving a complaint that concerns a minor issue or merits only a warning. If the pharmacist completes all conditions that the TSBP outlines in the remedial plan, the TSBP removes all records concerning the original complaint and the remedial plan.
7. Will I have a hearing during the TBSP disciplinary process?
Suppose you and the TSBP panel cannot agree on the recommended sanction or do not agree that a violation has occurred. In that case, the complaint moves to the State Office of Administrative Hearings (SOAH) for a contested hearing. SOAH assigns an administrative law judge (ALJ) to the case, who holds an administrative hearing at which both the TSBP and the pharmacist present evidence on their behalf. After hearing all the evidence, the ALJ produces a proposal for decision (PFD) containing their findings of fact, conclusions of law, and recommended disposition of the case.
The TSBP then must consider the ALJ’s PFD. The TSBP is the ultimate decision-maker; thus, it has the authority to decide whether to impose discipline on the pharmacist. Once TSBP issues a final decision, the pharmacist can file an appeal in state court if dissatisfied.
8. What are the possible outcomes for a complaint before TBSP?
The TSBP can resolve a disciplinary complaint in the following ways:
- Dismissal for lack of jurisdiction;
- A verbal or written warning; or
- A disciplinary sanction.
9. What sanctions can I face for violating the rules or laws that govern Texas pharmacists?
Disciplinary sanctions may include any of the following:
- Public reprimand or censure;
- License suspension;
- License revocation;
- Retirement; and/or
- Assessment of administrative penalties.
An administrative penalty can be the sole sanction in a case or in conjunction with another type of penalty. Administrative penalties can range from $250 to $5,000 per violation, depending on the severity of the violation involved.
We Can Advocate for Your Interests in Disciplinary Proceedings Before TSBP.
The pharmacist license defense lawyers of Bertolino LLP can help guide you through the disciplinary complaint process. Regardless of the allegations you face, we are here to represent your interests and work to minimize the negative effects of a complaint on your pharmacist license and career. We can help resolve the case against you and maintain your licensure or certification. Call us today at (512) 980-3751 to reach the offices of Bertolino LLP or contact us online.
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Limited Series: "Sheri-isms" in Action
Clear Requests. Faster Responses. Better Results
by Sheri Middlemas
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"Effective teamwork isn't about doing everything yourself, it's about making it easy for others to join you in getting it right." “How Can I Help You Help Me?”
Let’s be honest: in every workplace, there are two types of people, those who give you everything you need in one clean message and those who send you a cryptic “hey, quick question” with zero context and then disappear into the multiverse.
This article is for avoiding the second category, because when it comes to getting quick help, the secret is simple: Make it ridiculously easy for people to help you. Or as I like to call it: “How can I help you help me?”
Here’s the Sheri-tested, sanity-saving method:
Start With Context (Because Yes, It Actually Matters)
If your request begins cold with no explanation, the other person must play Sherlock Holmes to guess what you’re talking about. And guess what? They will not be excited to solve that mystery.
Try, “I'm finalizing the reporting for Tuesday’s executive leadership meeting and need your updated numbers.”
Translation: Here is why you should care, please respond accordingly.
Say What You Actually Want
Vague requests slow down progress. “Can you look at this?” is the workplace equivalent of handing someone a puzzle with no picture on the box.
Instead, try one of these grown-up options:
- “Can you approve this draft?”
- “Can you confirm the timeline?”
- “Can you update columns C and D?”
Be specific. Don’t make them guess (people are bad at guessing).
Give a Real Deadline (Not the Mythical ‘ASAP’)
Unless you want your request shoved to the bottom of the pile, give a real due date.
Try, “I need this by end of day Thursday”,” or “If possible, can you get this back to me within the hour?”
But for the love of sanity, please avoid, “ASAP” or “Whenever you get a chance”, both of which roughly translate to “I need this now but I’m pretending to be casual about it.”
Anticipate the Obvious Questions
If you know they are going to ask for the file, the link, the client’s name, or which version you’re referring to, include it. Right there. Upfront. Otherwise, you’ve basically created a scavenger hunt that no one asked to play.
Keep It Short and Organized (Your Future Self Will Thank You)
People read faster than they interpret your internal monologue. Try the tidy three-step:
- Here’s what I’m doing.
- Here’s what I need from you.
- Here’s when I need it.
Bam. Clear. Clean. No paragraphs that require coffee and three deep breaths.
And Yes, Say Thank You
Gratitude greases the wheels of teamwork, and if someone helps you quickly, they absolutely deserve a thank you. Preferably delivered with a smile and maybe a meme.
The Heart of This Sheri-ism
If you want fast answers, great collaboration, and fewer “Sorry, what are you talking about?” messages, the formula is easy.
Help others help you: Clearly, kindly, and with just enough humor to remind everyone you’re not a robot.
And if you are a robot reading this, well, at least now you know how to send better emails.
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Texas Appraiser Licensing and Certification Board v. AA
Facts: AA hired Bertolino LLP to defend against a complaint filed with the Board by a real estate professional. The complainant made accusations that AA had violated state law, the Uniform Standards of Professional Appraisal Practice (USPAP), and Board rules in connection with his appraisal of a residential property in a mortgage finance transaction guaranteed by the Veteran’s Administration. These allegations threatened to harm AA’s professional reputation and exposed him to potential discipline from the Board.
Outcome: Bertolino LLP evaluated AA’s situation, assessed the applicable law and we compiled the necessary documents, arguments and evidence to fight against the accusations and show the Board this complaint lacked merit and needed to be dismissed. Bertolino LLP’s legal team developed a well-written response demonstrating the complaint was groundless and ought to be dismissed. The Board considered our submission and agreed to dismiss the charges with a non-disciplinary warning and took no action against our client. This allowed AA to return to taking care of his clients without spending more time dealing with this unsupported complaint.
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Texas State Board of Dental Examiners v. JT
Facts: JT hired the firm to defend against allegations that he breached the standard of care connected to care of a patient and to protect his license and professional reputation from adverse disciplinary action.
Outcome: Bertolino LLP met with the client and developed a solid strategy for advocating effectively before the Board. We then prepared a well-written submission explaining why the Board should resolve the complaint on terms favorable to the client. We also prepared the client to speak and answer questions before an informal conference panel with the Board. At that conference we advocated for the client and Bertolino LLP obtained a decision from the panel to dismiss the complaint accusations without any disciplinary actions against the client.
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Protecting Your Career, Reputation, and Livelihood From Civil Lawsuits: What Licensed Professionals Need to Know
by Troy Beaulieu, Esq.
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Licensed professionals—such as physicians, nurses, engineers, accountants, real estate brokers, agents and appraisers, architects, veterinarians, mental health providers, and many others—are held to high standards of skill, ethics, professionalism and care. Due to these high expectations, getting sued can feel overwhelming, even if the accusations are not true. Beyond the stress and uncertainty, a civil lawsuit can leave lasting consequences on your professional reputation, your state-issued license and your ability to continue practicing in your industry.
This is why understanding what is at stake and securing an experienced professional license defense attorney are probably the two most important decisions you can make when confronting a civil lawsuit.
It’s Important to Recognize the Difference Between Private vs. Government Initiated Lawsuits
Licensed professionals face two main types of lawsuits:
1. Private Lawsuits
These are brought by individuals, clients, patients, or businesses who believe they were harmed by your conduct – either by doing something or by not doing something. Common examples of these sorts of lawsuits include:
- Allegations of professional negligence claiming you failed to meet the minimum legal and industry standards expected of a professional in your chosen field
- Contract disputes
- Misrepresentation or fraud claims
Even though this is a lawsuit between private parties, the allegations can still trigger reporting requirements to your licensing board, and they may open an investigation or pursue action apart from the lawsuit. In addition, it is not uncommon for people suing you to also file a complaint with your regulator at the same time to gain an advantage and obtain a settlement from you. This puts licensed professionals in the difficult position of now fighting two different legal matters at the same time in two different arenas – one in the civil courtroom and the other before your regulatory agency.
2. Government-Initiated Lawsuits
Government entities—state licensing and regulatory agencies, or the federal government—may bring civil enforcement actions when they believe a license holder has violated the law (statutes or rules / regulations issued by the agency). These matters are also very serious because:
- Government lawsuits often involve claims of regulatory violations
- Consequences can include civil penalties, injunctions, and referral to your regulatory agency for disciplinary action against your license
- The lawsuit is often brought by or on behalf of your licensing authority and they monitor the outcome of the lawsuit
Whether the lawsuit filed against you is private or government-initiated, both can affect your license and your ability to practice. For example, a small sample of some state licensing agencies reveals they have the legal authority to discipline licensed professionals based on the results or allegations stemming from a civil lawsuit. As a former state regulator and practicing license defense attorney, I’ve seen these types of scenarios firsthand:
- State law permits the Texas Medical Board to open a regulatory complaint and pursue disciplinary action against a licensed physician when the person “fails to practice medicine in an acceptable professional manner consistent with the public health and welfare” or “is subject to repeated or recurring meritorious health care liability claims that in the board's opinion evidence professional incompetence likely to injure the public.” Tex. Occ. Code § 164.051(a)(6) and (8).
- The Texas Appraiser Licensing and Certification may file a complaint and seek disciplinary action (including suspension or revocation of your license) when the appraiser “has had a final civil judgment entered against him or her on any one of the following grounds: (A) fraud; (B) intentional or knowing misrepresentation; (C) grossly negligent misrepresentation in the performance of appraiser services.” 22 Tex. Admin. Code § 153.20(a)(16).
- The Texas State Board of Public Accountancy has the authority to take disciplinary action and seek revocation of your license as a certified public accountant for civil lawsuit allegations they believe show the accountant has committed “dishonesty, fraud or gross negligence in the practice of public accountancy,” was “knowingly participating in the preparation of a false or misleading financial statement or tax return” or engaged in “fiscal dishonesty or breach of fiduciary duty of any type.” 22 Tex. Admin. Code § 501.90(2), (9) and (10).
Types of Claims Licensed Professionals Commonly Face
Civil claims vary widely depending on the profession, but common allegations include:
- Professional negligence / malpractice.
- Breach of contract.
- Breach of fiduciary duty.
- Consumer protection violations such as the Texas Deceptive Trade Practices Act.
- Misrepresentation or omission of critical information or fraud.
- Regulatory noncompliance.
- Unlicensed activity.
Even when unfounded, these claims may damage your reputation and can require mandatory self-reporting to your licensing body or a private organization in which you hold industry-recognized credentials you utilize in your profession.
Types of Relief People Brining Civil Lawsuits Often Request
When someone files a civil lawsuit against a licensed professional they may request one or more kinds of relief, including:
- Monetary damages: Compensation for alleged financial losses, emotional distress, or physical injury.
- Exemplary damages: Extra damages meant to punishes especially wrongful conduct.
- Injunctive relief: Court orders requiring you to stop certain activities, change your practices, or comply with specific regulations.
- Declaratory relief: A court declaration about rights, responsibilities, or compliance with laws or contracts.
The nature of the relief sought can significantly influence your case strategy and your licensing exposure.
You Could Also Be Required to Pay the Other Side’s Attorney’s Fees and Other
Penalties, Fees or Costs
In many civil cases, each party pays their own attorney’s fees. However:
- Some laws allow the winning party to recover their attorney’s fees, court costs and pre- and post-judgment interest on any amounts owed.
- Exemplary or multiplied damages if the court finds there was deliberate misconduct or other bad acts.
- Contracts may contain attorney-fee provisions that allow the person who wins a court dispute to recover the attorney’s fees they have incurred by bringing or defending the case.
- Government enforcement actions often impose fees, penalties, or investigative costs.
This makes early evaluation and strategic guidance especially important. An experienced attorney can help you understand the financial risks associated with your specific case.
How Civil Judgments Can Affect Your Professional License
One of the most overlooked aspects of civil litigation is its impact on it can have on your professional license.
Many state licensing boards require:
- Mandatory reporting of lawsuits, settlements, or civil judgments rendered against you.
- Disclosure of such information during license renewal.
- A civil judgment—even without an admission of fault—can trigger:
- Investigations by your licensing board.
- Mandatory continuing education or supervision requirements
- Fines or probation.
- Temporary suspension or, in serious cases, license revocation.
Additionally, civil judgments are often public records, and those obtained by the government may be posted on state regulatory websites, which can affect your reputation within your professional community or industry.
Why You Need an Experienced Professional License Defense Lawyer
Facing a civil lawsuit as a licensed professional is not the time to go it alone. The consequences reach far beyond the courtroom and have significant impact on your professional license with your state regulator. An attorney familiar with professional licensing issues can provide critical benefits, insights and advantages to fight and protect your professional reputation:
Advantages of Having Legal Counsel
- One-stop legal assistance to help you holistically protect your license and professional reputation from legal harm, whether civil or regulatory.
- More efficient legal assistance from one lawyer addressing both areas reduces costs for the often-overlapping facts tied to both matters.
- Protection of your professional reputation through early, strategic action and careful communication.
- Guidance through reporting obligations to avoid accidental violations that can lead to additional potential disciplinary issues.
- Defense strategies tailored to your profession and to the laws or rules specific to your licensing board.
- Skillful negotiation or legal maneuvering to seek dismissal, settlement, or other favorable resolution that minimizes licensing repercussions.
- Representation in parallel proceedings, such as board investigations, audits, or administrative hearings connected to the civil lawsuit.
- Peace of mind, knowing a professional is protecting your livelihood so you can focus on your practice and well-being
Conclusion
Being sued as a licensed professional is stressful, but you do not have to face it alone. Civil lawsuits can affect your reputation, your earning potential, and ultimately your ability to keep your professional license. Understanding the risks—and acting quickly—can make all the difference.
An experienced professional license defense attorney who understands both civil litigation and professional licensing can help protect what you have worked so hard to achieve. Bertolino LLP has the knowledge and experience to help you aggressively fight those allegations. If you have been sued or believe a claim may be coming, seek legal counsel immediately by calling Bertolino LLP. It is one of the smartest and most protective steps you can take for your career, your license, your professional reputation and your future.
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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 single board complaint can feel small on paper and still wreck your finances in the real world. We sit down with attorney and wealth strategist Matthew Meredith of Meridian Legal Advisors to map the hidden pathways risk takes: how judgments latch onto real estate, how wages and brokerage accounts get targeted, and how public records can block refinancing or delay your credentialing long after the case seems resolved.
Episode 59: The Hidden Lawsuit: Real Asset Protection for License Professionals
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! | | | |
Recognition Days:
December 2025 Calendar
Team Bertolino is grateful for the expertise and dedication of these professionals. Thank you for your outstanding contributions to your respective industries.
December Professional Days
12.09: International Day of Veterinary Medicine
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Birthdays:
Dena Lackey, 12/21 London de le Teja, 12/31
Holiday Schedule:
Closed Dec 12 (Team Event)
Closed Dec 24–26 (Holidays)
Back Dec 28 Closed Dec 31 & Jan 1 (New Year's)
Open Jan 2
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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.
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Holiday Wishes from the Bertolino LLP Team
This year has especially reminded us how much people matter, and that begins with the people we serve. The conversations we shared with our clients and the work we did together meant more to us than anything else.
Along the way we also grew as a team and as a community. We volunteered at the food bank, presented at TexMed, and enjoyed time together at our Christmas ornament exchange, moments that strengthened who we are and how we support you.
Every question you brought to us and every moment you placed your trust in us stayed with us. We do not take it lightly when someone turns to our team during a difficult time. Supporting the work you have dedicated your life to is a privilege we value deeply.
Our team is here for you and grateful for the chance to help protect what you have earned. We wish you a peaceful holiday season filled with rest, comfort, and time with loved ones and friends!
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LaJuana Acklin and London de le Teja celebrating the season and the friendships that make our team stronger.
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Tony Bertolino and Troy Beaulieu presenting to
Medical Professionals at TexMed 2025.
| | Sheri Middlemas, Cimone Murphree, Troy Beaulieu, London de le Teja, and Dena Lackey, lending helping hands in our community food bank. | | BERTOLINO LLP | (512) 476-5757 | 823 Congress Avenue, Suite 300, Austin, TX 78701 www.bertolinolaw.com | info@bertolinolaw.com | | | | |