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
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
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TDLR Proposes New Rules on Verification of Applicant Eligibility for Licensure or License Renewal
By Tony Bertolino, Esq.
Staying compliant with the Texas Department of Licensing and Regulation (TDLR) is essential to protect your license and your livelihood. Even minor rule violations or misunderstandings can escalate quickly, placing your professional standing, reputation, and future opportunities at risk. As TDLR updates its rules and enforcement priorities, understanding these changes, and how they affect your day‑to‑day practice, becomes critical.
The TDLR has added 16 Tex. Admin. Code §60.39, Verification of Applicant Eligibility, to its procedural rules. These rules establish a process for verifying an applicant's eligibility for an initial or renewal of an occupational license, as per Title 8, Chapter 14, United States Code. This federal law restricts eligibility for certain government benefits, including professional and commercial licenses, based on citizenship or immigration status.
These rules will allow TDLR to verify applicant eligibility in accordance with applicable federal law while maintaining a secure and appropriate licensing process. For instance, the rules identify acceptable documentation that individuals may use to satisfy verification requirements. The rules also establish the consequences for applicants who fail to provide proper documentation.
First, the new rules generally require the TDLR to verify an applicant's eligibility for an initial or renewal license if TDLR procedures result in the selection of an applicant for verification. These procedures are designed to protect the integrity of the licensing process.
The next section of the rules states that applicants selected for verification must provide documentation demonstrating eligibility based on citizenship or immigration status before receiving either an initial or a renewal license. Acceptable forms of documentation include the following:
- A REAL ID-compliant driver license or identification card issued by a U.S. state or territory (unless marked "Limited Term" or "Temporary");
- A United States passport or passport card;
- A certified birth certificate, accompanied by an unexpired driver's license or identification card issued by a state that requires verification of the applicant's lawful presence before the issuance of such license or card;
- A U.S. military identification card
- A handgun license issued by the Texas Department of Public Safety; or
- An identification or immigration-related document issued by the U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, or the U.S. Department of State confirming lawful presence and authorization to work.
For clarification purposes, the new rules define a certified birth certificate as either of the following:
- An original birth certificate issued by the appropriate vital statistics agency of a U.S. state or territory, or the District of Columbia, that shows birth in the U.S.; or
- An original U.S. government-issued document indicating the birth of a child born abroad to a U.S. citizen, including a Consular Report of Birth Abroad (Form FS-240), Certification of Report of Birth (Form DS-1350), or Certificate of Birth Abroad (Form FS-545).
The TDLR may take steps to verify the validity of any of these documents, if appropriate. Moreover, if an applicant chosen for verification fails to provide sufficient documentation of eligibility as defined by these rules, the TDLR may deny the initial or renewal license application.
Why is TDLR implementing a verification process for license applicants now?
The verification requirement stems from federal law, which limits certain government‑issued benefits, including occupational licenses, to individuals who meet specific citizenship or immigration criteria. By adopting a formal verification process, TDLR is aligning its procedures with federal mandates while creating a consistent, transparent method for confirming eligibility. Amending these procedures helps ensure that licensing decisions are legally compliant and that the agency maintains the integrity of its licensing system.
Will every applicant be required to submit eligibility documents during renewal?
No. The rules do not require universal screening. Instead, TDLR uses internal procedures to select applicants for verification. Only those chosen must provide documentation before their license can be issued or renewed. This selective approach allows the agency to meet federal requirements without imposing unnecessary burdens on all license holders.
What happens if an applicant believes TDLR made an error in determining their eligibility?
If an applicant is denied because TDLR concludes that the documentation is insufficient, the individual may challenge the decision through the agency's established review or appeal processes. Providing additional records, correcting clerical issues, or clarifying discrepancies often resolve the matter. Because eligibility determinations can affect a person's ability to work, many professionals choose to seek legal guidance to ensure their rights are protected and their documentation is properly evaluated.
Conclusion
Taking proactive steps to protect your professional license is essential when facing a potential issue with the Texas Department of Licensing and Regulation. Whether you are responding to a verification request, dealing with a license denial, or navigating a disciplinary investigation, understanding your rights and obligations under the law can make a critical difference in the outcome of your case. Experienced legal guidance can help you respond strategically, avoid costly mistakes, and protect your ability to continue practicing your profession. If your license or application is at risk, seeking knowledgeable counsel early can help safeguard your career and your future.
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Limited Series: "Sheri-isms" in Action
"Growth rewards excellence. Structure protects it."
by Sheri Middlemas
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“Growth rewards excellence.
Structure protects it.”
Growth is exciting.
That said, in professional license defense, growth isn’t the headline, protection is.
Over the past year, our firm has grown significantly. That growth reflects trust from professionals who place their careers, reputations, and futures in our hands. That trust deserves structure. When your professional license is at risk, you do not need urgency behind the scenes. You need steadiness, you need clarity. You need a team operating with intention, not improvisation.
In high-stakes legal matters, there is no margin for disorganization. Deadlines are firm. Regulatory boards are exacting. Outcomes matter. As our firm grows, we do not rely on “working harder”.
We build smarter systems:
- Every matter is tracked with precision.
- Every regulatory deadline is visible early.
- Every communication is intentional.
- Every step has ownership.
Structure ensures that excellence is not dependent on last-minute heroics. It ensures consistency, the kind that allows our clients to focus on their career and practice while we protect it.
Our approach is deliberate. We anticipate regulatory timelines before they become urgent. We prepare documentation with discipline, not haste. We refine internal processes, so our client experience remains calm, clear, and predictable. Growth does not change our standards, it sharpens them.
The more matters we handle, the more insights we gain. The more insights we gain, the stronger our systems become. The stronger our systems become, the more confidently we can defend those of our clients.
Our clients may never see our internal workflows, and quite frankly, they shouldn’t have to.
Instead, they experience:
- Responsiveness without chaos.
- Strategy without confusion.
- Confidence without overstatement.
That experience is not accidental, it is engineered. Structure is how we protect the quality of our advocacy. It is how we protect our clients’ time and peace of mind.
We are proud of our growth, and we are even prouder of what remains unchanged: Our commitment to defending licensed professionals with precision, discretion, and unwavering focus.
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Texas Department of State Health Services v. RS
Facts: RS is a first responder who hired Bertolino LLP to defend him against a complaint filed with the Department based on a recent criminal history incident. The complainant threatened to harm RS’s professional reputation and exposed him to risk of disciplinary sanctions by the Department.
Outcome: Bertolino LLP evaluated the complaint accusations and assessed the applicable law. We compiled the necessary documents, crafted explanatory and mitigating arguments and assembled evidence to fight against the prospect of disciplinary action. The goal was to show the Department that RS’s complaint should be dismissed. Bertolino LLP’s legal team developed a solid written response supporting dismissal under the circumstances. The Department considered our submission and agreed to dismiss the charges with a non-disciplinary warning letter. The Department took no action against our client. This allowed RS to get back to work without dealing with disciplinary action by the Department that would have impacted his ability to work as a first responder.
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Texas Behavioral Health Executive Council v. KB
Facts: KB a social worker who hired Bertolino LLP to defend her against a complaint filed with the Texas Behavioral Health Executive Council (BHEC) based on allegations of misconduct and fraud. The complainant threatened to harm KB’s professional reputation and exposed her to risk of disciplinary sanctions by BHEC.
Outcome: Bertolino LLP evaluated the complaint accusations and assessed the applicable law to develop a solid strategy to fight to charges. We compiled the necessary documents, crafted explanatory, legal and merits-based arguments and assembled evidence to fight against the prospect of disciplinary action. The goal was to show the BHEC that KB’s complaint should be dismissed. Bertolino LLP’s legal team developed a solid written response supporting dismissal of the allegations. The BHEC assessed our submission and agreed to dismiss the charges with a non-disciplinary warning letter. The BHEC took no action against our client’s license. This allowed KB to get back to work and avoid disciplinary action that would have threatened her ability to continue her career as a social worker.
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Four Common Lawsuit Mistakes Occupational License Holders and Professionals Make
by Troy Beaulieu, Esq.
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People who hold occupational and professional licenses are often the target of civil litigation lawsuits, that often come alongside a complaint to your regulatory agency. Whether you are a doctor, accountant, lawyer, nurse, engineer, electrician, plumber, real estate broker or real estate appraiser, fighting these civil lawsuit claims of negligence, or other misconduct can be frustrating, draining and time-consuming. It’s important to find the right law firm to defend your professional reputation and fight back.
Below are four common issues license holders often face when they get sued that you should pay careful attention to each of these:
Time Is Short So Do Not Delay Taking Action
When you get served with a lawsuit, you have a limited time to respond in writing to the allegations (by filing an “answer” with the court). It’s critical to do this timely otherwise you could lose the lawsuit by default because the law presumes when you do not respond that you are not contesting the claims and allows the person who sued you to obtain a judgment for an award of damages against you without further action or proof of wrongdoing. Do not delay in seeking qualified legal counsel to defend your reputation and protect your livelihood and business. Your attorney needs time to investigate the allegations, conduct legal research specific to your case so the lawyer can build a successful and robust argument and file that answer for you on time.
Remember to Notify Your Insurance Carrier Promptly
Many licensed professionals have insurance that will pay for your attorney and pay any judgment if you lose the case. However, to use this insurance you must timely notify the insurance company of a claim. Even a mere demand letter prior to the filing of a lawsuit typically requires you to inform the insurance company. Otherwise, they have no duty to defend you or pay any judgment awarded against you when a lawsuit gets filed. Once you have been sued or received a demand letter from someone the clock starts ticking and you need to review your insurance policy carefully to determine your deadline to notify the insurance company and the appropriate way for you to notify them. It’s important to keep proof of your notification, whether that’s a copy of an e-mail, a copy of a letter and proof of mailing or delivery etc. Act quickly so you do not loose this important and valuable resource that you have paid for.
Do Not Try to Respond to the Lawsuit Alone
Many people think they can respond to the lawsuit on their own and then if they need a lawyer later, they can hire the attorney to help them. Especially with the growing rise and improvements in AI technologies this is a common misconception and a huge mistake. The problem is that failing to take proper action early in your case can have devastating consequences and result in legal liability and a damages award being entered against you. AI doesn’t have the ability to counsel you on your specific, unique facts and circumstances or the specific laws that may apply to your situation. You wouldn’t give yourself a root canal or perform your own surgery with Chat GPT as your guide and just say, “Well, if I run into trouble then I’ll go see the doctor or dentist”, so don’t do that when your legal matter is on the line. Legal proceedings are complicated, and require specialized knowledge, training and experience. Lawyers spend years getting trained and years more gaining valuable experience in these matters. Invest in a competent and knowledgeable attorney who can fight for you. Utilizing AI to help you research and act on your own is a dangerous prospect that can make you miss critical information that only a trained attorney knowledgeable about your specific circumstances can advise you about. Qualified legal counsel is critical to successful outcome in your litigation.
Keep Good Records
Many license holders forget their records obligations until they get sued or have a regulatory complaint. The law often prescribes specific documentation you are required to keep in your file for each patient, client, consumer or services / transaction. This information can be a lifesaver when it comes to defending your professional reputation and the actions you took in a specific situation. Having those records ready and stored electronically to provide your attorney will go a long way towards helping your lawyer fight to defend you against the lawsuit allegations. Being able to show you did something correctly and providing a record of that action is huge when fighting against allegations or negligence or other misconduct raised in a civil lawsuit. You need every edge you can obtain to succeed in getting the lawsuit dismissed and solid documentation is a critical component of a successful defense strategy.
Facing a civil lawsuit accusing you of negligence or unprofessional conduct can feel overwhelming, but if you implement these four important components to a successful defense you will reduce your risks. Doing so helps protect your professional reputation, your business and livelihood from the threat of a civil judgment awarding damages against you. Seek reputable legal counsel immediately and work with that attorney to fight back against the lawsuit allegations. Bertolino LLP has knowledgeable attorneys who defend people with professional and occupational licenses in civil lawsuits and we are ready to fight you. If you’ve been sued or received a demand letter threatening a lawsuit, don’t wait, contact us today.
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
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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 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.
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Recognition Days:
March 2026 Calendar
Team Bertolino is grateful for the expertise and dedication of these professionals. Thank you for your outstanding contributions to your respective industries.
March Professional Days
03.01: Dental Assistant Week
National Athletic Training Month
03.06: National Dentist Day
03.11: National Funeral Director & Mortician Day
Registered Dietitian Nutritionist Day
03.14: Legal Assistants Day
03.16: Pediatric Nurse Practitioner Week
03.19: Certified Nurses Day
03.20: National Preschool Teacher Appreciation Day
World Behavior Analysis Day
03.30: Doctors’ Day
03.31: Anesthesia Tech Day
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Helping Texas Professionals Stay Informed and Protected
At Bertolino LLP, we believe that one of the best ways to help licensed professionals protect their careers is by sharing clear information about the regulatory environment that governs their work. In addition to representing clients when issues arise, our team actively connects with professional organizations across Texas to provide educational presentations and learn directly from the professionals we serve.
These organizations play an important role in supporting license holders. Many offer members opportunities for continuing education, professional networking, and legislative representation in Texas on issues that impact their professions.
One recent example of this outreach was our participation at TexMed, the annual conference of the Texas Medical Association, where physicians from across the state gather to exchange ideas, learn from industry leaders, and stay informed about changes affecting medical practice.
At the conference, Tony Bertolino, Managing Partner, and Troy Beaulieu, Director of Legal Services, connected with physicians and presented on regulatory issues that can affect medical professionals during their careers.
Our presentations often cover practical topics such as:
• Understanding how licensing board investigations begin
• Recent regulatory updates affecting professionals
• Compliance and professional responsibility
• Steps professionals can take to protect their licenses and careers
Participating in events like TexMed allows us to hear directly from professionals about the challenges they face and helps us continue developing resources that support Texas license holders.
If your organization would like to host an educational presentation, please contact us at info@bertolinolaw.com. You can also keep track of our upcoming events on www.bertolinolaw.com/presentations
| | BERTOLINO LLP | (512) 476-5757 | 823 Congress Avenue, Suite 300, Austin, TX 78701 www.bertolinolaw.com | info@bertolinolaw.com | | | | |
