On August 24, 2012, the State Office of Administrative Hearings (SOAH) issued its response to the Health Professions Council’s rule petition request; SOAH denied the request. The SOAH response contains some very interesting statistics and comments. There were a total of six commentators to the proposed rule petition and three of those are with this firm.
Our lawyers were not paid to monitor the regulatory agencies’ actions including rule petitions, but our attorneys believe in trying to do what is best for our clients and for the profession. We did not believe the HPC’s rule petition was needed to improve the contested case procedure nor was it fair to licensees. Our attorneys have spent countless unpaid hours, in meetings, testifying before State Agencies and the Texas Legislature, in drafting correspondence, motions, proposed rules, etc., attempting to protect licensees and the administrative process. We consider these efforts as part of our duty to our clients and licensees in general. We take very seriously the language contained in the Preamble: A Lawyer’s Responsibilities in the Texas Disciplinary Rules Of Professional Conduct. The Preamble states, ” A lawyer is a representative of clients, an officer of the legal system and a public citizen having special responsibility for the quality of justice. Lawyers, as guardians of the law, play a vital role in the preservation of society. The fulfillment of this role requires an understanding by lawyers of their relationship with and function in our legal system.” The firm’s participation in the rule making process is merely an example of our commitment to fairness, due process, and the betterment of what is typically a difficult process for health care professionals.
