On The Record . . .
Official Newsletter of BERTOLINO LLP

October 2025

Facebook  Twitter  Linkedin  Youtube  

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


Edith Colin Huerta

Paralegal [Certificated]



Cimone Murphree

Public Education and Awareness Manager


Jasen Dalus

Client Success Manager


Donald Collora

Client Success Liaison


Dena Lackey

Marketing Specialist

FAQ about the Texas Board of Veterinary Medical Examiners and Defending Your Veterinarian License

By Tony Bertolino, Esq.

The Texas Board of Veterinary Medical Examiners (TBVME) licenses and regulates professionals in Texas. These agencies ensure that veterinary professionals comply with state and federal rules and laws that govern their profession. As a result, disciplinary proceedings may result if someone alleges you have violated a rule or law related to your profession. A veterinarian license defense attorney can help if you are facing disciplinary proceedings.


The following are Frequently Asked Questions (FAQ) about the TBVME and its disciplinary process for veterinarians. 


  1. What is the Texas Board of Veterinary Medical Examiners (TBVME)?
  2. What are some grounds for disciplinary action against veterinarians?
  3. How does the TBVME handle complaints about veterinarians?
  4. What are the possible outcomes of a TBVME investigation?
  5. What is an informal conference?
  6. What is an agreed order?
  7. Do I get a hearing in a TBVME disciplinary proceeding?
  8. What kind of sanctions can I face in a TBVME disciplinary proceeding?

 

1. What is the Texas Board of Veterinary

Medical Examiners (TBVME)?


The TVBME is a state agency committed to protecting the public from substandard veterinary and equine dental care. The agency holds veterinarians and other professionals to the highest ethical standards and accountability. As a result, the TBVME also receives, processes, and investigates complaints about veterinarians. TBVME pursues disciplinary actions arising from complaints when merited. 


2. What are some grounds for disciplinary

action against veterinarians?



  • A veterinarian can face disciplinary action for violating any rules or laws governing their profession. Some common grounds for disciplinary action may include:
  • Being chronically or habitually intoxicated, chemically dependent, or addicted to drugs;
  • Engaging in dishonest or illegal practices related to the practice of veterinary medicine;
  • Being convicted of a felony criminal offense;
  • Performing or prescribing unnecessary or unauthorized treatment;
  • Ordering prescription drugs or controlled substances without first establishing a veterinarian-client-patient relationship;
  • Practicing veterinary medicine without a license;
  • Engaging in practices or conduct that violates rules of professional conduct;
  • Paying or receiving a kickback, rebate, bonus, or other remuneration for treating an animal or for referring a client to another provider of veterinary services or goods;
  • Refusing to cooperate with TBVME’s requests or inspections;
  • Failing to maintain sanitary equipment and business; and Committing gross malpractice or a pattern of acts that indicate consistent malpractice, negligence, or incompetence in the practice of veterinary medicine;
  • Veterinarians also may face discipline for failing to make child support payments, defaulting on student loans, and failing to meet continuing education requirements.

 

3. How does the TBVME handle complaints

about veterinarians?


The TBVME reviews all complaints about veterinarians. Each phase of the complaint process should last no more than 30 days, and the TBVME prioritizes complaints involving more serious allegations. 


The TBVME may delegate the review of complaints requiring medical expertise to a board staff committee, which must include a licensed veterinarian. However, the TBVME must refer the complaint for informal proceedings in some cases, such as if the committee finds that the complaint should not be dismissed or settled by agreement, the committee cannot reach an agreed settlement, or the licensee has requested informal proceedings.

 

When TBVME has received a complaint, the agency notifies the veterinarian that a complaint has been filed. A veterinarian generally has 21 days from receiving the complaint to respond to requests for information or other related matters. The TBVME also assigns an investigator to the complaint, who gathers all necessary evidence and information. 


4. What are the possible outcomes of a

TBVME investigation?


If the investigation results in no finding of violation, based on the evidence collected, the TBVME will take no further action and advise the complainant that the matter is closed.


However, if the TBVME investigation reveals that a violation of the Texas Veterinary Act or the rules of professional conduct governing veterinarians has occurred, disciplinary action may follow. 


5. What is an informal conference?


An informal conference may occur when the TBVME has completed its investigation and found evidence that a violation by a licensee has occurred. The veterinarian may appear before a TBVME panel, including at least two licensed veterinarians, if medical expertise is relevant to the complaint. Otherwise, the panel may consist of TBVME staff. 


At the informal conference, a veterinarian can present their case and provide evidence proving no violation occurred. The panel then meets confidentially to decide the case. The case outcome at this stage can be a dismissal, an agreed order, or further disciplinary action. 


6. What is an agreed order?


An agreed order is a settlement offer that the TBVME may make to the licensee if they have found evidence of a violation. In most cases, the licensee and the TBVME settle in an agreed order through negotiations. An agreed order then goes to TBVME for final approval. The TBVME can approve, reject, or amend the agreed order. 


7. Do I get a hearing in a TBVME

disciplinary proceeding?


You have a hearing in a TBVME disciplinary case if you cannot reach an agreed order with the agency, fail to respond to a proposed agreed order, or the TBVME rejects your agreed order. Under these circumstances, TVBME staff will request a contested hearing at the State Office of Administrative Hearings (SOAH). 


An administrative law judge (ALJ) will be appointed to handle the hearing, including discovery and pretrial motions. The ALJ will hear evidence and testimony from witnesses like a court trial.


The ALJ will issue a proposal for decision (PFD) following the hearing. A PFD contains findings of fact and conclusions of law based on the evidence presented at the hearing. The TBVME will then accept or reject the PFD.


8. What kind of sanctions can I face in a

TBVME disciplinary proceeding?


Sanctions for veterinarians in disciplinary cases before the TBVME can include:


  • A reprimand;
  • An administrative penalty;
  • License suspension;
  • Probated license suspension; or
  • License revocation.


Other stipulations in a disciplinary order may include ordering veterinarians to participate in a peer assistance program if TBVME finds them impaired. Another potential sanction may be to require the veterinarian to complete additional continuing education hours in certain areas. 


We Are Here to Represent Your Interests Before the Texas Board of Veterinary Medical Examiners.


We know how much is at stake if you face a disciplinary complaint against your veterinarian license. Meet with us to discuss your case and learn how we can help. You’ll meet with one of our experienced veterinarian license defense attorneys to discuss the details of the allegations filed against you. If you have received a licensing complaint accusing you of misconduct or a rules violation, BERTOLINO LLP can help. Contact us today or call (512) 476-7575 and schedule a case evaluation.

Limited Series: "Sheri-isms" in Action

"Priorganize"  

by Sheri Middlemas

"Organizing without priority is just a pretty desk. Prioritizing without organization is just chaos with a to-do list."



Priorganizing is where real leadership

happens.

- Sheri Middlemas


Several years ago, in the middle of a fast-paced meeting, I accidentally invented a word. I meant to say prioritize. I also meant to say organize. Instead, my brain, apparently on its own coffee-fueled efficiency mission, decided to save time and combine them. Out came: Priorganize. 


The room chuckled … but the word stuck. And over time, I realized that this little accidental mashup actually describes one of the most valuable habits in leadership and teamwork: the intentional act of organizing by priority. 

 

Why “Priorganizing” Matters in a Law Firm 

 

In a law firm, it’s not enough to simply organize your to-do list or your files. And it’s not enough to prioritize tasks in theory while your day still runs you instead of the other way around. 


Priorganizing is the sweet spot – putting structure and priority in the same lane, so you can execute efficiently and effectively. 

 

Think of it this way: 

 

• Organizing without priority is like a beautifully arranged desk covered in matters that don’t actually need to be done today. 

 

• Prioritizing without organizing is like knowing exactly what’s most urgent but having to dig through chaos to get there. 

 

Leaders and team members alike need both – especially in law, where client demands, deadlines, and compliance requirements can collide without warning. 



For Leaders 

 

Leaders who priorganize set the tone for how their teams operate. They: 

 

1 Filter the noise – separating “urgent” from “loud” so the team works on what truly matters. 

 

2 Allocate resources wisely – matching the right people to the right priorities at the right time. 

 

3 Model calm under pressure – because when your day is priorganized, you’re far less likely to get pulled into reactive mode. 

 

For Team Members 

 

Team members who priorganize don’t just keep up – they anticipate. They: 

 

1 Show initiative – by organizing their workload around the firm’s most important objectives, not just their own. 

 

2 Improve collaboration – when everyone’s priorities are clear and organized, handoffs and teamwork flow more smoothly. 

 

3 Build trust – leaders notice when you consistently deliver the most important work first, with fewer last-minute scrambles. 

 

How to Start Priorganizing: 

 

• Ask: What is the most important outcome today? Then build your schedule around it. 

 

• Rank before you file. Whether it’s a task list or an inbox, put high-impact work at the top, physically and mentally. 

 

• Revisit priorities often. A priorganized plan at 9:00 AM might need an update by 2:00 PM, flexibility is part of the system. 

 

In the years since that meeting, “priorganize” has become one of those Sheri-isms that follows me everywhere; and honestly, I’m glad it has. It’s a reminder that clarity + structure = better results. And in a law firm, better results mean happier clients, stronger teams, and fewer late nights. 

 

So, next time you’re feeling pulled in ten directions, try priorganizing. Your future self, and your team, will thank you. 

-Sheri

Hallmark Achievements

Texas Board of Nursing v. WC


Facts: WC received a secondary complaint regarding allegations of sexual conduct with a former patient. The evidence presented included text messages, social media posts and app screen shots regarding WC and patient’s alleged sexual activity.

 

Outcome: After WC retained counsel the firm provided a response to the allegations. The firm argued that the evidence was insufficient and unauthenticated. The firm further argued that the witnesses were unreliable and therefore not credible. BON proposed a disciplinary order with minimal CE requirements. BON agreed to modify the findings of facts within the order to state that WC denied the allegations and the order was approved. 


Texas Medical Board v. UJ



Facts: UJ submitted an application for licensure and failed to disclosed prior criminal activity. After TMB requested information on the criminal activity, UJ provided records that  they received from the district court associated with the criminal cases. TMB followed up requesting additional records and then stopped communicating with UJ.

 

Outcome: After consultation with UJ the firm submitted a request to the district court to submit the records again directly to TMB. The firm instructed UJ to withdraw and resubmit the application and report the criminal activity in totality. After a few short weeks of communication with TMB, TMB issued UJ licensure without conditions.  


Texas Education Agency v. TD


Facts: TD was allowed to resign from their position with an ISD here in Texas. The ISD placed TD on administrative leave and notified him that they had received a complaint that he was having a sexual relationship with a former student. TD denied the allegations.

 

Outcome: TD retained counsel and the firm submitted argument to the ISD’s counsel denying the allegations. The firm provided evidence that the report was not credible and that the events never took place. The firm provided evidence that the report was made by a former coworker and was only initiated based on the coworkers bias and motive to retaliate against TD. After several months of silence, the ISD advised that they did not issue any findings and no report to TEA was initiated.


Consulting v. Testifying Experts: Who Are They and Why Do You Need Them?  

by Troy Beaulieu, Esq.

In defending clients against allegations of misconduct, there are often highly technical, academic and skill-oriented topics that require the input and assessment of a knowledgeable professional beyond the legal skills and knowledge Bertolino attorneys possess. 


Having someone with the knowledge, skills, training and experience in a specialized field can be invaluable to defending a client’s license and protecting their professional reputation. For example, a physician may need expertise regarding surgical procedures, methods and techniques at issue in their complaint to convince the Texas Medical Board the case ought to be dismissed. Or an engineer may need expert knowledge about electrical engineering concepts and how they operate in the allegations involved in the malpractice lawsuit our client is facing so the lawyers can win the case and convince the court no misconduct took place. When this happens, Bertolino LLP works to locate an expert in the necessary field to help fight and win the client’s case. There are two distinct categories of experts Bertolino LLP may utilize in a legal matter to help fight for their clients. 

 

Consulting Experts 


Consulting experts are those who confer internally with Bertolino LLP attorneys and our client about their assessment of the allegations, issues, documents and/or witnesses at issue in the client's legal matter. The consulting expert provides their expert opinion about the issues in the client's legal matter so the client and Bertolino LLP attorneys can develop or adjust the case legal strategy or other action connected to protecting the client 's legal interests. However, the consulting expert's opinion is not typically shared with anyone else, nor does the consulting expert typically testify in court. Their assessment of the claims is kept confidential as work product utilized by the attorneys to help defend the client. 


Testifying Experts 


Testifying experts evaluate the allegations, materials and witnesses in the case and then provide their testimony under oath in the court proceedings as an expert witness. This information is generally shared with outside parties as part of the litigation process. The testifying expert witness helps the client and Bertolino LLP attorneys fight to protect the client's legal interests by providing their opinion and technical expertise to help convince a court or a jury that the allegations raised against the client are invalid and need to be dropped. 

 

Conclusion 


When you have a legal matter and need someone to fight in your corner, remember that you may also need an expert witness so the lawyers can achieve positive results for your case. When this happens, the attorney handling your case will talk to you about the type of expert they think is necessary, why and how they suggest this be done. Give careful consideration to this legal advice because often times it can be very difficult or legally impossible to win a case without utilizing the specialized skill, knowledge and education of an expert. The synergy between the lawyer and this expert can be just the sort of dynamic force needed to get your case resolved on favorable terms. 

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.


Burnout doesn’t always announce itself, it whispers. In this new Know Your Regulator episode, Dr. Brett Cordes shares his journey from subtle burnout to addiction, his experience with the Texas Medical Board, and the hard-earned recovery that reshaped his life and career. His story offers hope and insight for every healthcare professional walking the fine line between compassion and exhaustion.


Episode 53: Burnout, Recovery, and the Texas Medical Board: Dr. Brett Cordes’ Journey


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.

Service Anniversary:

10.17.2025

Congrats, Melissa (MJ) Hooper's for three years of service with Bertolino LLP!

Recognition Days:

October 2025 Calendar


Team Bertolino is grateful for the

expertise and dedication of these

professionals. Thank you for your

outstanding contributions to your

respective industries.


October Professional Days


10.04:  National Truckers Day

                               

10.05: World Teachers’ Day

                               

10.06: World Architecture Day

                               

10.08:  Emergency Nurses Day

                               

10.10:  Vet Nurse Day

                               

10.15:   National Esthetician Day

                               

10.16:   National Boss’s Day

                               

10.18:   Health Care Aide Day

                               

10.19:   National Veterinary Tech Week

                               

10.22:  Medical Assistant Day

                               

10.23:  National Paralegal Day    

Side Bar ...

Celebrating National Paralegal Day 

October 23rd, 2025


Celebrating the Legal Support Team Behind Every Case! 


At Bertolino LLP we’re proud to recognize the team members who help us put our clients first every single day: MJ Hooper and Edith Colin Huerta.


This month also marks MJ Hooper’s three-year anniversary with the firm. From day one, MJ has brought exceptional commitment, professionalism, and care to her work as a paralegal. Over time she has shown the leadership, expertise, and alignment with our values that made her an ideal fit for her current role as Legal Support Manager. Her guidance and dedication strengthen the entire firm, making this the perfect moment to celebrate her continued impact.


Working alongside MJ, Edith Colin Huerta exemplifies the same spirit of precision and reliability that defines our legal support team. With a background in criminal defense and a strong academic foundation, Edith provides vital support to our attorneys with meticulous organization and calm focus, keeping even the most complex cases on track.


Together, MJ and Edith embody the excellence and teamwork that power our firm’s success. We’re proud to celebrate them not only on Paralegal Day but every day for their unwavering dedication and the care they bring to every client we serve.

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