On The Record . . .
Official Newsletter of BERTOLINO LLP

February 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

The Funeral Directors's FAQs of the Texas Funeral Service Commission and License Defense


By Tony Bertolino, Esq.


The Texas Funeral Service Commission (TFSC) is the state agency that oversees licensing and disciplinary proceedings for funeral directors. As a result, the TFSC investigates complaints against funeral directors and takes any necessary disciplinary action. You will benefit from representation by counsel if you are facing a disciplinary complaint against your funeral director license. Your Texas funeral director license defense attorneys are here to help you devise the best strategy to defend yourself in any disciplinary proceedings you may face. The following Frequently Asked Questions (FAQ) may be useful to more fully understand the disciplinary proceedings that funeral directors may face.


1.What is the Texas Funeral Service Commission (TFSC)?


2.How long do people have to file a complaint against a funeral director?


3.What kinds of complaints does the TFSC investigate?


4.How does the TFSC handle a complaint once it receives it?


5.How do I resolve a complaint with TFSC?


6.Am I entitled to a hearing on the allegations against me in a complaint before TFSC?


7.What sanctions can I receive in disciplinary proceedings before the TFSC?


1. What is the Texas Funeral Service Commission (TFSC)?


The TFSC is the state agency that protects the public from deceptive practices in the funeral industry. This agency's responsibilities include setting standards for funeral, cremation, and burial arrangements and educating consumers about those standards. The TFSC also licenses and handles complaints about funeral directors, embalmers, funeral homes, embalming facilities, and crematories. The agency also provides enforcement services against licensed individuals and entities to ensure they meet all relevant legal standards.

 

2. How long do people have to file a complaint against a funeral director?


Generally, individuals must file complaints against funeral directors and service providers within two years of the date of the incident. The Executive Director of the TFSC may waive this two-year deadline for good cause shown by the complainant. However, funeral homes must keep records only for two years, so investigating and taking enforcement action about an incident over two years old can be much more challenging.  


3. What kinds of complaints does the TFSC investigate?


While the TFSC investigates complaints about violating many of the rules and laws governing funeral directors, funeral homes, embalmers, and crematoriums, other state agencies also regulate certain aspects of the death care industry. For instance, the Texas Department of Banking (TDB) oversees the prepaid funeral care industry and perpetual care cemeteries. Likewise, the Texas Department of Insurance (TDI) monitors and regulates annuity and insurance contracts concerning prepaid funeral contracts. 

As a result, when TFSC receives a complaint, it first determines whether it involves allegations over which it has jurisdiction or if the TDB or TDI have jurisdiction over it. TFSC will forward relevant complaints to TDB and/or TDI if appropriate. Otherwise, if the complaint alleges a violation of a law or rule that applies to funeral service providers, TFSC retains the complaint for review. 


4. How does the TFSC handle a complaint once it receives it?


Once the TFSC determines its jurisdiction over the complaint, it will review it to determine whether a violation has occurred. If the TFSC finds no evidence of violating a rule or law governing funeral service providers, it will close the complaint. However, if TFSC finds evidence of a violation, it will contact the licensee about the complaint and request initial documentation. The license then typically has 15 days to submit a response to TFSC concerning the complaint. Additionally, TFSC will conduct any other necessary investigative work and gather pertinent evidence. 


After completing its investigation, TFSC will prepare an Investigative Report (IR), which summarizes the facts and evidence of the alleged violation. The IR also contains an administrative penalty or sanction for the identified violation(s). TFSC provides the IR to the licensee for review. 


5. How do I resolve a complaint with TFSC?


Once TFSC issues the investigative report to the licensee, they have 30 days to respond. They can choose one of the following options:


Accept the IR and recommended penalty/sanction and sign an Agreed Order with TFSC, which will resolve and close out the complaint; or


Request a settlement through formal negotiations, such as through alternative dispute resolution or informal negotiations with TFSC. Through these negotiations, you might be able to reach a lesser sanction or no sanction at all. Any settlement you reach can result in you signing an Agreed Order to resolve the case. 


However, ignoring or failing to respond to the complaint from TFSC will not have the resolution you want. A failure to respond to the IR within 30 days waives your right to a hearing, thus subjecting you to whatever sanction the IR proposes. If you fail to pay the penalty, TFSC will suspend your license for six months. 


6. Am I entitled to a hearing on the allegations against me in a complaint before TFSC?


If you cannot resolve your complaint through negotiations or an otherwise agreed-upon disposition, TFSC will send the case for a hearing to the State Office of Administrative Hearings (SOAH). SOAH will assign an administrative law judge (ALJ) to your case, who will conduct an administrative hearing. After hearing evidence from both sides during the hearing, the ALJ will issue a proposal for decision (PFD) to TFSC. TFSC commissioners can review, accept, or modify the recommended disposition in the PFD and then will notify the licensee of its final action or decision in the case. 


At that point, a licensee can accept the final action of the TFSC and sign an agreed order to resolve the complaint. Otherwise, they can continue challenging the TFSC's final action by filing a petition for judicial review through the court. 


7. What sanctions can I receive in disciplinary proceedings before the TFSC?


TFSC follows an Administrative Penalties and Sanctions Schedule to determine the appropriate sanctions for a violation. This schedule divides the violations into four classes, with Class A violations being the least serious and Class D violations being the most serious. Each class of violation carries a range of penalties based on the severity of the violation and a licensee’s history of previous violations, as follows:


• Class A – $250 – $5,000 and/or sanction


• Class B – $500 – $5,000 and/or sanction 


• Class C – $1,000 – $5,000 and/or sanction 


• Class D – Up to $5,000 and/or sanction to

$5,000 and license revocation 


Get the Advice You Need About Your Funeral Director License


When you face a disciplinary complaint concerning your funeral director’s license, you risk significant sanctions that could adversely affect your career. Don’t try to handle such a critical situation on your own. The Funeral Director 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.

Limited Series: "Sheri-isms" in Action

"The team’s duty is to the mission.

Leadership’s duty is to the team."

by Sheri Middlemas

The team’s duty is to the mission.

Leadership’s duty is to the team.


This is a simple truth we’ve seen play out time and again in successful organizations.


High-performing teams don’t happen by accident. They happen when people are clear on what needs to be done, and leaders are just as clear on their responsibility to remove obstacles, provide resources, and create an environment where the work can actually get done.


For teams, the focus is execution: meeting deadlines, serving clients, complying with regulations, and delivering results. That’s the mission. It’s the “what” and the “how”.


Leadership, however, operates one level upstream. The role of leadership isn’t to simply assign work or monitor outcomes. Leadership should ensure the team has what they need to succeed. That means clarity of direction, access to tools and information, realistic expectations, and the psychological safety to ask questions or raise concerns before small issues become big ones.


In regulated professions especially, leadership carries an added responsibility. When teams are supported, trained, and empowered, compliance improves. Risk decreases. Trust, both internally and with clients and regulators, strengthens.


Strong leaders understand that accountability flows both ways. Teams are accountable to the mission. Leaders are accountable to the people carrying it out.


When leadership shows up with consistency, transparency, and support, teams don’t just complete the mission, they take ownership of it. That is where real momentum is built.


“When leaders serve their teams well, the mission takes care of itself.”


At the end of the day, leadership isn’t about being in charge. It’s about being responsible; for the conditions, the culture, and the people who make success possible.

Employee Announcement:

Congratulations to Kerry Bloodsaw


You may have already seen the news, but it is we love sharing again. We are proud to celebrate Kerry Bloodsaw’s promotion to Senior Associate.


Kerry’s career with our firm reflects her growth and a deep commitment to the people she represents. She is known internally for her thoughtful preparation and externally as an attorney who helps clients feel heard and supported during a very personal challenge in their professional lives.


She takes the time to fully understand each client’s situation. Her approach balances persistence with empathy. Kerry prepares thoroughly, communicates clearly, and makes sure clients understand both the process and their options.


What stands out most, however, is how clients describe working with her. Many come to us at a moment when their professional license and livelihood feel at risk. In their reviews, clients often mention the relief they felt after their first conversation with Kerry. They describe her as reassuring, clear, and compassionate, while still being honest about what to expect. Several note that she explains complicated procedures in plain language and stays in contact throughout what can be a long and uncertain process.


Clients also consistently point to her attention to detail and preparation. One client shared that Kerry helped them organize evidence, guided them through each step, and ultimately helped achieve a non-disciplinary resolution. Others highlight how approachable she is, describing her and the team as down-to-earth, responsive, and easy to work with during a stressful time.


Her promotion reflects the way she practices law every day: thoughtful, reliable, and focused on putting clients first.


Please join us in congratulating Kerry on this achievement. We are grateful for the care she shows our clients and the positive impact she has on our team, and we look forward to her continued leadership in this new role.

Hallmark Achievements

TREC v. KL


Facts: Our client, KL, hired us to assist in defending against allegations of misappropriation of client funds.



Outcome: The Firm analyzed the facts in the case. It was determined that the complaint lacked sufficient evidence to sustain the allegations.    The Firm crafted a robust response, arguing that the evidence was insufficient, and TREC dismissed the allegations.   Since the Firm successfully defended KL’s livelihood, career, and reputation, KL can continue to serve her clients and pursue the career she loves.

Texas Department of State Health Services v. JB


Facts: JB hired Bertolino LLP to defend against a complaint filed with the Department by a former employer in the emergency medical services field.  The complainant made accusations that JB had violated state law, breached medical director protocols and the standard of care in connection with patient care.  These allegations threatened to harm JB’s professional reputation and expose him to potential discipline from the Department.



Outcome: JB hired Bertolino LLP to defend against a complaint filed with the Department by a former employer in the emergency medical services field.  The complainant made accusations that JB had violated state law, breached medical director protocols and the standard of care in connection with patient care.  These allegations threatened to harm JB’s professional reputation and expose him to potential discipline from the Department.

Are You Proactively Protecting Your License? 

by Troy Beaulieu, Esq.

Many people and businesses licensed by the state to work in their industry forget about the risks of an unhappy customer, an angry patient or a disgruntled employee. 


Even without a legitimate complaint or supporting evidence, these are all situations that could cause you to receive a complaint from your regulator or a professional liability lawsuit just because someone is unhappy. To minimize these risks, you need to take proactive steps to protect your license, your business, your pocketbook and your professional reputation. But how do you do this and what needs to be addressed to minimize these risks? I’ve outlined below some key things to can do to reduce your legal risks. 


Keep Documentation

Document customer, patient or employee relationships in writing with the relevant terms and conditions of the relationship. Keep a signed and dated copy for your records. Keep any required documentation reflecting the relationship, services or treatment provided or work performed for the appropriate amount of time and only destroy records in the proper manner. 


Disclose Required Information

Disclose required and pertinent information to clients, patients and employees you are required by law to share with them. Transparency and informed consent are your friends and often required by law. Each industry has its own set of required disclosures and information you must give to customers and employees. For example, licensed massage therapists must disclose in writing they are licensed by the State and that clients can file complaints with their state regulator. Mental health professionals typically must have their clients sign an informed consent before therapy begins. Employees must be given certain disclosures when working in regulated industries. 


Maintain and Follow Written Protocols

Don’t wait until a problem arises to think about how you’ll address it. Be prepared up front with written procedures for how certain types of incidents will be handled and make sure your employees receive regular training on these protocols. Update the process when appropriate or when laws change and periodically audit to confirm the procedures are being followed by your team. 


Train Your People to Reduce Legal Risks

Training your staff on how to do their job, what they are expected to do under different circumstances, how to handle difficult people and situations and the resources and tools available to them so they are ready and able to succeed when a problem, crisis, complaint, difficult customer, problem employee or abnormal situation arises. 


Handle Client Money Carefully and with Thorough Documentation

People often have strong feelings about their money. A critical component of risk reduction includes having well-developed and solid financial, billing and accounting processes in place. Keeping these procedures transparent, and updated and addressing any complaints involving money promptly is critical to minimizing legal risks in this area. Have a reliable accounting firm that you work with regularly and audit financial records and accounts to ensure there are no irregularities that require attention. If people feel their concerns are heard, the risk of a complaint can be reduced, so make every effort to address financial complaints promptly and consistent with the law. Many regulators have specific requirements regarding billing and client funds so it’s important to be aware of these and follow them carefully to reduce the risk of regulatory, civil and even criminal liability. 


Obtain Legal Counsel to Identify and Address Compliance Gaps



Invest in legal compliance assessments and audits to reduce risks. Take the time to locate a good regulatory attorney who can provide solid legal advice, assess your business and spot areas that need improvement and compliance remediation. Work with a law firm to make needed changes that will save you money and legal costs in the long term by avoiding compliance problems, audits or complaints. This will keep you out of the courtroom and free from regulatory investigations so you can focus on running your business. 


The reality is that today’s businesses and professions face intense legal scrutiny and those laws are constantly changing. A successful professional office, practice or business must have the proactive legal and compliance structure in place to mitigate legal risks and the heavy costs that comes with failing to plan ahead. 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.


A letter connected to Operation Nightingale can be overwhelming, but your first steps matter. In this episode, senior associate attorney Kerry Bloodsaw and client success manager Jasen Dalus explain what Texas nurses should do in the first 72 hours after board contact, how investigations progress, and common mistakes that can harm a license. We cover communication strategy, organizing records and timelines, social media risks, and the difference between employer questions and a Board of Nursing investigation. The key takeaway: careful pacing, protecting credibility, and involving counsel early can significantly affect the outcome.


Episode 66: Operation Nightingale


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:

February 2026 Calendar


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


February Professional Days


02.03.26 Women Physicians Day


02.20.26 National Caregivers Day


02.02-06.26 National School Counseling Week


02.02.26 Ambulatory Care Nurses Week


02.09.26 Cardiovascular Professionals Week


02.22.26 National Engineers Week: February  

Side Bar ...

Behind the Scenes at the

Know Your Regulator Podcast


Since launching in June 2024, Know Your Regulator Podcast has grown into an important part of how Bertolino LLP serves Texas licensed professionals. Now more than 66 episodes in, the podcast has become an educational and informational resource across industries supporting Medical, Healthcare, Professional, and Vocational license holders throughout the state. For some listeners, it is actually their first introduction to our firm, discovered through podcast platforms or social media while searching for answers during a stressful moment.


Each episode is designed to explain both sides of the same problem: what to do if you are under investigation and how to stay compliant so you can avoid one in the first place. The show features conversations not only with our attorneys and team members, but also with working professionals and guests connected to Texas regulatory agencies who help explain how investigations actually work. Episodes focused on practical compliance guidance, including the “10 tips” discussions and similar educational topics, make the podcast a resource for all Texas license holders not just those currently facing a complaint.


Putting together a weekly podcast takes significant planning, coordination, and creative effort, but we believe it is worth it. The mission behind the show is simple and consistent with the work we do every day: when professionals understand the rules that govern their license, they are far better prepared to protect their careers.


As our tagline says, it is “The Podcast that Inspires You to Engage.”


We invite you to take a moment to watch or listen to a recent episode and see the information our team has worked hard to make accessible.

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