On The Record . . .
Official Newsletter of BERTOLINO LLP

July 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

Team Lead, Paralegal [Certificated]


Edith Colin Huerta

Paralegal [Certificated]



Cimone Murphree

Project Liaison


Jasen Dalus

Client Success Liaison


Donald Collora

Client Success Intake Specialist


Dena Lackey

Marketing Specialist

FAQ about the Texas State Board of Dental Examiners and Defending Your Dental License

By Tony Bertolino, Esq.

If you are a licensed dentist, you should know the process and potential sanctions resulting from disciplinary action against your license by the Texas State Board of Dental Examiners (TSBDE). Here at Bertolino LLP we've provided the following Frequently Asked Questions (FAQ) about TSBDE disciplinary proceedings:


  • What is the Texas State Board of Dental Examiners (TSBDE)? 
  • TSBDE has contacted me about a disciplinary complaint. What should I do?
  • What are some reasons that someone might file a disciplinary complaint against a dentist?
  • What happens after TSBDE files a formal complaint against a dentist?
  • Should I call the TSBDE if I have questions about my case?
  • What happens if I don’t respond to the TSBDE complaint?
  • What is an Agreed Order, and why does the TSBDE want me to sign it?
  • What sanctions could I face because of a disciplinary complaint before the TSBDE?
  • Do I need to hire an attorney when facing a complaint against the TSBDE?
  • Do I get to have a hearing about my disciplinary charges?

 

What is the Texas State Board of Dental Examiners (TSBDE)? 


The TSBDE is a state agency that licenses and regulates dental professionals, including dentists, dental hygienists, and dental assistants. As part of its regulatory duties, the TSBDE ensures that these dental professionals follow all laws and professional rules that apply to the dental profession. 

When an individual files a complaint against a licensed dentist, the TSBDE receives and investigates the complaint. If warranted, the TSBDE will take formal disciplinary action against the dentist, which can result in sanctions, including losing their license. 


TSBDE has contacted me about a disciplinary complaint. What should I do?


TSBDE will allow you to respond to the disciplinary complaint against you. You will have a limited amount of time to formulate and submit your response, so you should contact a dental license defense attorney immediately to meet the deadline for your response. In many cases, dentists can most successfully fight back against the complaint in their response and prevent the disciplinary process from progressing any further. 


In the meantime, you should gather any evidence needed to counter the allegations you are facing. You should not discuss the disciplinary complaint against you with anyone other than your attorney, including TSBDE investigators or other staff members. Otherwise, you may inadvertently admit to misconduct or provide the TSBDE with evidence that does not benefit you. 

What are some reasons that someone might file a disciplinary complaint against a dentist?


You may face a disciplinary complaint for violating the laws or rules governing the dental profession. For instance, if you violate the applicable standard of care in practicing dentistry, you may be subject to professional discipline. Other violations might include:


  • Failure to properly maintain patient records;
  • Inaccurate or fraudulent patient or insurance billing;
  • Committing certain criminal offenses; and 
  • Practicing dentistry while impaired by alcohol or drug use.

 

What happens after TSBDE files a formal complaint against a dentist?


Following its investigation, if TSBDE finds sufficient evidence of a violation, it may proceed to file a formal disciplinary complaint against a dentist. The TSBDE may try to reach an agreement with the dentist to resolve the complaint by issuing an agreed order or remedial plan. If the parties cannot resolve the complaint by agreement, the complaint goes to the State Office of Administrative Hearings (SOAH) for a hearing before an administrative law judge (ALJ). The ALJ issues a recommended order to the TSBDE, which ultimately determines the disposition of the complaints. Dentists who disagree with the outcome of a hearing and the ensuing TSBDE disciplinary order have the right to appeal the disciplinary order in court.


Should I call the TSBDE if I have questions about my case?


The function of the TSBDE is to protect the public and regulate dental professionals. The agency does not exist to protect you or other dental professionals. As a result, you should not contact the TSBDE to respond to notice of a disciplinary complaint, explain your side of the story, or ask questions about your case. You may accidentally admit to a violation or give the TSBDE evidence against you, which can worsen your chances of success in your case. You should allow your license defense lawyer to handle all communication with TSBDE when you receive notice of a complaint. 


What is an Agreed Order, and why does the TSBDE want me to sign it?


An agreed order is an agreement between a dentist and the TSBDE to resolve a complaint. Typically, an agreed order sets forth the violations that the dentist has committed and any sanctions for those violations. Each agreed order differs and may include a range of sanctions based on the type, severity, and number of violations.


What sanctions could I face because of a disciplinary complaint before the TSBDE?


A disciplinary complaint can result in a wide variety of sanctions, including the following:


  • Administrative Penalty – An Administrative Penalty is a monetary fine for disciplinary violations, excluding those that involve direct patient care. Dentists often receive an Administrative Penalty in addition to another sanction.
  • Remedial Plan – A Remedial Plan is a non-disciplinary action in which the dentist agrees to complete certain requirements to remedy the disciplinary violation and pay a $500 Remedial Plan fee.
  • Warning – A Warning is a letter warning the dentist of how they might have violated a law or rule and advising them to avoid such conduct in the future; it is the least serious form of disciplinary action.
  • Reprimand – A Reprimand is a disciplinary action in which the TSBDE announces that the dentist has violated a law or rule governing the dental profession.
  • Probated Suspension – A Probated Suspension allows a dentist to continue practicing dentistry under certain terms and conditions for a set period. Violation of a Probated Suspension can lead to an Enforced Suspension.
  • Enforced Suspension—An Enforced Suspension prevents an individual from practicing for a set period. It is a higher level of disciplinary action that can last days, months, or years. 
  • Revocation – A License Revocation is the highest level of disciplinary action the TSBDE can issue. An individual may no longer practice dentistry when their license has been revoked. The only way that the individual may practice dentistry again is to apply for the issuance of a new license and meet all TSBDE requirements. 


Do I need to hire an attorney when facing a complaint against the TSBDE?


Hiring an attorney to represent your interests can be crucial due to the potential severity of sanctions you might face because of disciplinary charges before TSBDE. You should immediately contact an experienced dental license defense attorney for advice when you receive notice of a disciplinary complaint.


Allow Bertolino LLP to Help You with Your Professional Disciplinary Case


Understanding the implications of disciplinary proceedings for a licensed dentist can be critical to your future. Disciplinary proceedings can result in negative consequences, including suspending or revoking your dental license. When you face disciplinary proceedings, you need an experienced dental professional license defense attorney to assist you.

Built for the Fight:

The Role of Grit at Bertolino Law Firm 

by Sheri Middlemas

At Bertolino Law Firm, we don’t just say grit is important – we live it. 


In the world of professional license defense, there are no easy wins. We represent people who are fighting for their livelihoods – nurses, teachers, accountants, attorneys, and other professionals who’ve worked years, sometimes decades, to build careers now at risk. When they come to us, they’re often scared, overwhelmed, and uncertain. That’s when grit becomes not just a value, but a requirement. Because talent isn’t enough. Intelligence isn’t enough. 

So, what is grit? 


It’s perseverance. It’s passion for the long game. It’s the ability to push through the noise, the doubt, and the pressure to get the job done – ethically, urgently, and with excellence. Grit isn’t loud. It’s not bravado. It’s the quiet, consistent determination to keep showing up and fighting smart, even when the odds feel stacked. 


In our line of work, cases can be complex, emotionally charged, and high stakes. The process can feel like a grind – interviewing witnesses, dissecting regulations, crafting airtight responses, pushing back on unfair treatment. There are moments when the work is heavy. That’s when our grit shows. 


And it’s not just about attorneys. Every team member at Bertolino Law Firm – paralegals, intake specialist, client success, even accounting and marketing – plays a role in showing up with resilience and commitment. Grit looks like staying late to meet a deadline. It looks like calming a panicked client. It looks like catching that one critical detail that changes the trajectory of a case. 


Grit is the difference between giving up and leaning in. Between “we did our best” and “we got it done.” 


That’s the kind of team of which I’m proud to be a part. Not just smart. Not just experienced. But tough, focused, and fiercely dedicated to the people we serve. 


So, the next time a case gets complicated or the pressure’s high, remember this: Grit wins. 


And at Bertolino Law Firm, we bring it every single time.

Hallmark Achievements

Texas Appraiser Licensing and Certification Board v. TA


Facts: TA hired Bertolino LLP to defend against a complaint filed with the Board. The complainant made accusations that TA had violated state law, the Uniform Standards of Professional Appraisal Practice (USPAP), and Board rules in connection with his certification and inspection of the property being appraised. These allegations threatened to harm TA’s professional reputation and exposed him to potential discipline from the Board. 


Outcome: Bertolino LLP evaluated TA’s situation, assessed the applicable law and we compiled the necessary documents, witness statements and evidence necessary to fight against the accusations and show the Board this needed to be dismissed given the circumstances, facts and details. Bertolino LLP’s legal team developed a well-written response demonstrating the complaint did not support any disciplinary action and ought to be dismissed. The Board considered our submission and agreed to dismiss the charges with a non-disciplinary warning and take no action against our client. This allowed TA to return his focus to running his appraisal business without further distraction from this complaint.

How Does My Regulator Issue Rules Impacting My Industry?

 by Troy Beaulieu, Esq.

As busy employees, or business owners, it can be easy for occupational and professional license holders to not recognize the large amount of regulatory policy being made each day which impacts your industry, livelihood and career. Having a basic understanding of how the policymaking process works is important to everyone’s success in their industry. 


 Regulatory Agencies Have Authority to Issue Rules Which Shape Government Policy 


Most people remember from high school civics classes that the legislature creates laws that impact people’s lives. However, people often forget that the legislature frequently creates regulatory agencies responsible for managing government regulation of certain industries. These agencies are given the power to create written policies, commonly referred to under Texas law as rules (referred to as “regulations” in the federal law). These rules have a huge impact on licensed professionals by detailing minimum legal requirements, standards if performance, ethics, license application requirements and more. 


Proposed Rules from the Agency Get Published in the Texas Register for Public Consideration and Commentary 


Once a regulatory agency has prepared a proposed rule, the agency’s board or commission must vote to approve its publication in the Texas Register for official consideration by the public and commentary. Members of the public and license holders may submit written comments to the agency after the proposed rule gets published about their thoughts on the proposed rule, any suggested edits and any other feedback they wish to share. Those comments are then considered by the board or commission at a future public meeting before any decision on whether to adopt the proposed rule is taken. Typically agencies also make their proposed rules available on their website, but you can also access those proposed rules on the Texas Secretary of State’s website (which publishes the Texas Register each week with a compilation of all the different state agency rules being proposed). There is usually a multi-week period during which the agency will accept public comments on a proposed rule or rule change before taking any action on the proposal. 


After Public Comment the Agency May Adopt the Rule, Modify It or Choose Not to Adopt it Altogether Based on Public Input 


After a state regulatory agency has considered the public comments submitted in writing to the agency, it will hold another public meeting to consider those comments and decide what it wants to do with the proposed rule. The agency may choose to adopt the rule as published, may make modifications to the rule or may choose not to adopt the rule at all. If the board or commission elects to modify the rule, any substantive / significant changes require it to be republished in the Texas Register for public commentary. Minor / non substantive changes (such as grammar, or minor edits) can typically be made without requiring republication. After agency approval, the finalized rule is published in the Texas Register again and will indicate the date it becomes effective. Most agencies make efforts to publicize new rules or rule changes that are going into effect, so license holders and the public are aware of these important changes to the law. You can often find lots of information on the agency’s website about adopted rules impacting an industry or particular license type. 


Takeaways to Remember for the Rulemaking Process 


Remember that you as a citizen or a license holder have a voice and can share your views with the government as the regulatory agency goes about the important business of making government policy that has the force and effect of law. Review your regulatory agency’s website to learn about rules being proposed and share your written comments with the government and read the text of the rule on the Secretary of State’s website by following the links to the Texas Register. The regulatory agency’s website typically indicates how you can submit your written feedback (often by e-mail), which will be considered by the agency. You can also attend agency public meetings and share your comments about rules that are being considered and are on that meeting’s posted agenda. 


License holders should be mindful of new rules and changes to old rules that have an impact on their professional or occupational license and the obligations they have to clients, patients and consumers. Stay engaged and learn more about rule changes by checking out Bertolino LLP’s free educational services, Know Your Regulator where you can listen to podcasts discussing these issues with state regulators, watch short videos on rule changes, and read information about regulatory changes impacting your license, your livelihood, your business and your industry.  

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 43: Five crucial strategies Texas Healthcare Professionals need to implement immediately to safeguard their careers.


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.

Professional Recognition Days:

July 2025 Calendar


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


July Professional Days


07.01:  National Postal Workers Day

 

07.06:  National Air Traffic Control Day

 

07.16:  Artificial Intelligence Appreciation Day

 

07.19: Flight Attendant Safety Professionals’ Day

 

07.30:   National Support Public Education Day

Side Bar ...

Side Bar Sessions: Behind the Scenes at Bertolino LLP


Recently, 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 different prompts to choose from, 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 kicks 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 about 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 together 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.

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