Cynthia Tays is president and owner of Austin Chiropractic Associates P.A. She is a member of the American Chiropractic Association (ACA), ACA Sports Council and ACA Physical Therapy Council. She is also a member of the Texas Chiropractic Association and American College of Chiropractic Orthopedists, and is the chiropractic consultant for Ballet Austin and Tapestry Dance Company. Tays received a bachelor’s degree from St. Cloud State University and a doctorate of chiropractic degree from Texas Chiropractic College.

Karen Campion of Bryan is president and owner of Campion Chiropractic Clinic. She is a member of the American and Texas Chiropractic associations, American Board of Chiropractic Sports Physicians, Texas Chiropractic College Alumni Association, Texas Society of Radiologic Technologists, and Bryan/College Station Chamber of Commerce. She is also team chiropractor for Brazos Valley Club Volleyball and A&M Consolidated High School Athletics, and a past team chiropractor for the Texas A&M University Athletic Department. Campion received a doctorate of chiropractic degree from Texas Chiropractic College, is a certified chiropractic sports physician, and a fellow of the International Academy of Medical Acupuncture.

Tim McCullough of Friendswood is director of Biotech Chiropractic Clinic Inc. He is a member of the American and Texas Chiropractic associations, past chair of the American Academy of Chiropractic Physicians, past president of the American Chiropractic Association Council on Diagnosis and Internal Disorders, and past director of the Texas Chiropractic Association District 11. McCullough served in the U.S. Army. He received a bachelor’s degree from Louisiana State University, a master’s degree in education from the University of Louisiana at Lafayette, and a doctorate of chiropractic degree from Texas Chiropractic College, and is a board certified chiropractic internist and clinical nutritionist.

Kenya S. Woodruff of Dallas is deputy general counsel for the Dallas County Hospital District. She is past chair of the Dallas Bar Association Health Law Section, and a member of the State Bar of Texas, American Health Lawyers Association, and J.L. Turner Legal Association. She is also co-chair of the Aids Arms Inc. Community Advisory Committee and a volunteer teacher for Eirene Christian Fellowship Children’s Ministry. Woodruff received a bachelor’s degree from Emory University and a law degree from the Duke University School of Law. She is being reappointed.

Theresa Argumaniz Gomez of El Paso is healthcare administrator at Pueblo De Salud Home Health Services LLC. She is a licensed advanced clinical practitioner and chemical dependency counselor. She is a member of the National Association of Social Workers, and past chair of the Veteran’s Health Administration Combined Federal Campaign in El Paso. Gomez received a bachelor’s degree and master’s degree in social work from Arizona State University.

Nancy Pearson of Burton is a licensed social worker and branch support manager for Hospice Brazos Valley. She is past service coordinator and case manager of the Texana Mental Health and Mental Retardation Services Center, and chair of the St. Ann’s Catholic Church Pastoral Council in Somerville.

Denise Pratt of Baytown is a family law judge of the 311th Harris County District Court. She is a member of the Houston Bar Association and State Bar of Texas. Pratt received a bachelor’s degree from the University of Texas and a law degree from the University of Memphis Cecil C. Humphrey School of Law.

Renee Cornett of Austin is a licensed dental hygienist and chair of the Austin Community College Department of Dental Hygiene. She is a member of the American Dental Education Association, American Dental Hygiene Association and Texas Dental Hygiene Directors’ Association. She is a member of the Texas Dental Hygiene Educators’ Association, Texas Community College Teachers’ Association, and Sigma Phi Alpha Dental Hygiene Honor Society. She is also a member of the Austin Community College Faculty Senate, a dental hygiene examiner for the Western Regional Dental Examining Board, and past chair of the Texas Dental Hygiene Advisory Committee. Cornett received a bachelor’s degree from Carroll College and a Master of Business Administration from the University of Texas at San Antonio. She is appointed for a term to expire Feb. 1, 2015.

D. Bradley Dean of Frisco is a dentist and board certified periodontist in private practice. He is a member of the American and Texas Dental associations, a diplomate of the Academy of Periodontology, past president of the North Texas Dental Association, and past program chair for the Southwest Society of Periodontists. He is a former delegate to the Texas Dental Association and past chair of the Council on Dental Economics. He is also an advisory board member of the Collin County Community College Dental Hygiene program, a former assistant professor in the Baylor College of Dentistry Graduate Periodontics Department, and a volunteer with Give Kids a Smile and Rite to Smile. Dean received a bachelor’s degree from Texas A&M University, and a doctorate of dental surgery and a master’s degree in periodontics from Baylor College of Dentistry. He is appointed for a term to expire Feb. 1, 2017.

Tammy Gough of McKinney is a pediatric dentist in private practice. She is a member of the American and Texas Dental associations, and a member and past president of the Texas Academy of Pediatric Dentistry, Southwest Society of Pediatric Dentistry and the Paul P. Taylor Academy of Pediatric Dentistry. She is board certified by the American Board of Pediatric Dentistry, and is a member of the American Academy of Pediatric Dentistry. Gough received a bachelor’s degree from the University of Illinois, and a doctor of dental surgery degree and a master’s degree in pediatric dentistry from Baylor College of Dentistry. She is appointed for a term to expire Feb. 1, 2017.

Christie Leedy of Abilene is a dentist and owner of Abilene Dental. She is a member of the American and Texas Dental associations, American Academy of Cosmetic Dentistry, and Dental Organization for Conscious Sedation, a founding member of the American Academy of Oral Systemic Health, and a member and past board member of the 17th District Dental Society. She is also a founding member and president of Angel Smiles, an advisory board member of the Noah Project, and a member of the Community Foundation of Abilene. Leedy attended Tarleton State University and received a doctor of dental surgery degree from the University of Texas Health Science Center at San Antonio. She is appointed for a term to expire Feb. 1, 2017.

Evangelia ‘Lia’ Mote of Cedar Park is owner of LV Mote Consulting Group, and founder and executive director of Mosaic Arts Group. She is a volunteer summer camp coordinator for Royal Purpose Ministries. Mote received a bachelor’s degree and master’s degree in dramatic production from Bob Jones University. She will serve as a public member on the board for a term to expire Feb. 1, 2017.

Ann Pauli of El Paso is a certified public accountant (CPA), and is retired president and CEO of Paso del Norte Health Foundation. She is a member of the Texas Society of CPA’s, president of the El Paso Public Libraries Foundation, and an El Paso Master Gardner volunteer. Pauli received a bachelor’s degree from the University of Illinois and a master’s degree in organizational management from the University of Phoenix. She is reappointed and will serve as a public member on the board for a term to expire Feb. 1, 2013.

John T. Steen III of Houston is Director of Commercial Development for Lone Star NGL LLC. He is a Chartered Financial Analyst (CFA) charterholder, an Eagle Scout, and a life member of the Sons of the Republic of Texas. Steen received a bachelor’s degree from Vanderbilt University, a Master of Business Administration from the Wharton School of Business, and a master of arts in international studies from the University of Pennsylvania. He will serve as a public member on the board for a term to expire Feb. 1, 2017.

The most significant change in the revisions is to the levels of anesthesia and sedation permitting. The permitting process emphasizes the level of sedation of the patient rather than the route of administration of the medication. The new sections establish five levels of anesthesia and sedation permits beyond the standard dental license: Nitrous Oxide/Oxygen Inhalation Sedation;

• Level 1: Minimal Sedation;
• Level 2: Moderate Sedation (enteral sedation);
• Level 3: Moderate Sedation (parenteral sedation); and
• Level 4: Deep Sedation or General Anesthesia.

Most levels of permitting will change in name only. Licensed dentists who lack sedation permits may continue to utilize local anesthetic and prescribe minor tranquilizers for anxiolysis. A licensed dentist who holds an active Nitrous Oxide/Oxygen Inhalation Conscious Sedation permit, Parenteral Sedation permit, or Deep Sedation or General Anesthesia permit on or before the effective date of the new sections will have his or her permit automatically reclassified as a Nitrous Oxide/Oxygen Inhalation Sedation permit, Level 3 permit, and Level 4 permit respectively on the effective date.

Robert “Gary” Gray of Midland is a physical therapist and CEO of West Texas Therapy Services. He is a member of the American and Texas Physical Therapy associations, and an advisory council member of the Texas Tech Health Science Center of the Permian Basin. He is a past board member of the Green Tree Country Club, and past advisory board member of the Odessa College Physical Therapist Assistant Program and Permian Basin Tech Prep Consortium Health Careers Curriculum Committee. Gray received a bachelor’s degree from the University of Texas Southwestern Medical School in Dallas.

Kathleen Luedtke-Hoffmann of Garland is an assistant professor at the Texas Woman’s University School of Physical Therapy. She is treasurer of the American Physical Therapy Association Section on Health Policy and Administration, and a member of the Federation of State Boards of Physical Therapy Examination Development Committee. She is also a faculty liaison for the Texas Woman’s University Student Physical Therapist Organization and past community educator with the Susan G. Komen Foundation. Luedtke received a bachelor’s degree from Rosalind Franklin University of Medicine and Science, a Master of Business Administration from Southern Methodist University, and a doctorate degree in physical therapy from Texas Woman’s University.

Daniel Reyna of Waco is a certified public accountant (CPA) and director of internal audit at Brazos Higher Education Service Corporation. He is a member of the American Institute of CPA’s, Texas Society of CPA’s, and the Historic Waco Foundation. He is also a member of Fuzzy Friends Rescue and the Karem Shrine. Reyna received a bachelor’s degree from Sam Houston State University.

Matson is the senior aerospace science instructor at Leander High School, and department chair of the Air Force JROTC. He retired from the U.S. Air Force as a lieutenant colonel.

Matson received a bachelor’s degree from Texas A&M University and a master’s degree in aeronautical science from Embry-Riddle Aeronautical University.

WHAT NOT TO DO:  answer the Board without having an attorney review your response.  It is so sad when a health care professional receives a disciplinary order due to an incorrect answer to a renewal question; so often, these violations are easy to avoid.  Sometimes a health care professional answers a renewal question in a manner which causes Board action on the answer but not on the original criminal issue.  In addition, you need someone on your side advising you regarding what actions to expect from the Board and making sure you do not agree to a disciplinary action which is not warranted.  DO NOT rely upon advice from your criminal attorney, your family, your co-workers, your boss etc.  This is not a time to risk talking to inexperienced people.  Some Board do not take action on minor criminal incidents as long as you do not try to hide the criminal incident from the Board.  For example, the Texas Board of Nursing will typically not take action on a one time shoplifting case, but if you do not disclose the criminal incident to the Board you will be deemed as being deceptive and the Board is more likely to require some type of remediation (once again there are various Board responses and which is used depends on the information provided to the Board).

WHAT TO DO:  Obtain the criminal court records and contact an administrative lawyer with experience before that particular Board.  When you call the lawyer, is the lawyer able to answer your questions or do they say they have to do research?  If an attorney practices frequently before a Board, the lawyer will know the types of questions asked by the Board and what is required to be disclosed.  This type of legal advice is not usually expensive as long as the case does not progress to an investigation before the Board and an attorney can give you estimated costs when you speak to the lawyer.

I know this response looks like an advertisement for hiring lawyers, but seeking appropriate legal advice is the best action to take to protect your license and the risk of possible disciplinary action is too great not to at least speak to a lawyer.

When I read the article and the editorial I knew that many people will cheer the limiting of licenses to those with criminal histories, but I think they tend to focus on horrific crimes and don’t realize the impact made on people who commit crimes due to a lack of knowledge or because they are young or with the best of intentions.  If you do not speak to such people daily, then you cannot know the heartache and problems for the licensee or the ultimate ramifications for the public.  What about a licensee who is wrongly accused (it happens more than you think:  bad investigations, witness lies, evidence corrupted) and then convicted (Oh, and it does not matter the licensee received deferred adjudication since some regulatory boards consider deferred adjudications as convictions.).  A situation I have seen over and over is during a divorce or custody hearing, one of the spouses accuses the other of some crime and then lie or plant evidence; the other spouse is sure the law will find on their side since they are obviously innocent, but the legal system does not always work that way, so the innocent ex-spouse is now facing an investigation by the regulatory board.  The criminal incident has nothing to do with the licensee’s profession, but the licensee is investigated then disciplined and  loses their job and is now on public assistance because no one wants to hire them.  It happens again and again, professionals attempting to find work outside of their profession will not be hired because the potential employers think they will leave too soon, are too over-qualified, will challenge them for their position etc and a highly educated professional remains unemployed.

Mr. Dexheimer discusses so many cases where the state’s result does not appear to be justified; that there is no nexus between the criminal charge and the practice of that particular profession.   One of the examples involves pharmacist Emmanuel Kanu who lost his pharmacist license, not because of patient care issues or as a result of actions which could harm the people of Texas (potential patients/clients), but because he did not complete the proper documentation when he sent donated medications to a clinic in a third world county.  Mr. Kanu, a pharmacist with no patient care issues for 17 years, is now removed from being able to care for the Texas public for 10 years; how is this outcome reasonable or just? Would one consider Mr. Kanu to be a criminal?  Is his failure to submit the proper documentation in order to send these medications so heinous that we need to waste tax payer funds to convict him and then remove him from the professional workforce?

I also fear the public will ignore the message of this article (and the subsequent editorial) because it deals with “ex-cons” or those with criminal incidents when the message is so much more–the regulatory agencies are vested with great power and there can be an unfair and unjust tendency to abuse and overuse that power; once again, it depends on the individuals within the agency–there are some excellent staff members who warrant great respect, but there are also some who are not protecting the public, they are just punishing.

The problem our attorneys face is most licensees cannot afford to fight the regulatory boards and they are faced with accepting discipline which is not warranted or in some cases, even legal.  But, it is not clear sailing for those licensees that do choose to fight because as seen in Mr. Dexheimer’s article,  like Mr. Kanu, the licensee pays the money to fight the regulatory board, the licensee wins at the State Office of Administrative Hearings (SOAH) only to have the case overturned by the regulatory board.  This is such a wide spread problem that our attorneys testified during the last Legislative session urging Texas lawmakers to support a bill which would make SOAH decisions final and if either party wanted to appeal at district court, they could do so.  Making SOAH decisions final avoids the “second chance at the licensee” actions which occur now when boards overturn SOAH Judge recommendations.  Making SOAH decisions final levels the process and makes it fair for all involved.

These are problems which should be addressed and the regulatory system, if it is going to be vested with so much independent power, should be fair and just and able to stand up to scrutiny.  Ask yourself, who is on the side of the licensee?  Who is making sure there are enough professionals to provide care to the people of Texas?  Is the system driving good professionals out of practice or turning them into cynics who no longer see the benefit in caring?  The public, the boards, and licensees need to be aware of all sides of a situation; not jump to conclusions; and consider the ultimate impact on all.

Mario Gutierrez of San Antonio is a therapeutic optometrist and optometric glaucoma specialist, president and CEO of South Texas Vision Associates P.A. He is a fellow of the American Academy of Optometry and a member the Bexar County District Optometric Society, and the American and Texas Optometric associations. He is also an adjunct clinical professor at the University of Houston College of Optometry, and a contributor and advisor for Optometry Giving Sight. Gutierrez received a bachelor’s degree and optometry degree from the University of Houston.

John Coble of Rockwall is a therapeutic optometrist and optometric glaucoma specialist in private practice. He is a member of the American Optometric Association, and a member and past president of the Texas Optometric Association and Northeast Texas Optometric Society. He is also past president of the Hunt County United Way, past committee chair of Boy Scouts Troop #83, and is a past board member and past president of the Greenville Rotary Club. Coble received a bachelor’s degree and optometry degree from the University of Houston. He is being reappointed.

Larry Fields of Carthage is an attorney and real estate broker in private practice, and a municipal court judge for the City of Tatum. He is a member of the State Bar of Texas, Panola County Bar Association, Texas Municipal Court Association, Texas Association of Realtors, and Longview Area Board of Realtors. He is also a member of the Carthage Lions Club and Panola County Cattlemen’s Association, and a past board member of the Panola County Chamber of Commerce. Fields received a bachelor’s degree from Stephen F. Austin State University and a law degree from South Texas College of Law. He is being reappointed.