Illegal Investigation and Complaint against You by the Texas Medical Board (TMB)
(This also applies to other State Medical Boards)
Before spending any funds on a merit defense or entering into any settlement or plea agreement, you should consider the following facts. These facts have been thoroughly researched over a period of more than twenty (20) years with more than three hundred thousand dollars ($300,000.00) spent in legal research by ProAdvocate Group, a Private Membership Legal Association. The following is a summary list of defects and violations of the TMB involving the Texas Constitution, statutes, laws and court decisions making any action of the TMB taken against you illegal, null and void.
- Each and every TMB member’s term of office is two (2) years, not six (6) or more. This two-year term of office is clearly established by the Texas Constitution. Most TMB members, due to deliberate choice on their part and/or total disregard of the law, have allowed their term of office to expire meaning that they have no jurisdiction to rule/judge any case put before them.
- Numerous TMB members are illegally operating and holding office without a reappointment by the Texas Governor. This is against the law and the Texas Constitution.
- Many TMB members have failed to execute and file their Oaths of Office and Statements of Officer with the Texas Secretary of State. They are operating outside the scope of the law and yet they want to sit in judgment of YOU!
- TMB members, who have not taken/retaken their Oaths of Office, are illegally and fraudulently receiving compensation from the Texas State Treasurer.
- The TMB has not indexed and cross-indexed to statutes the specific statute filed against you in the complaint, which is in violation of Texas Statute.
- The TMB is utilizing the wrong type of legal proceedings against you while using the wrong standard of review. The TMB is utilizing the Standard of Review of “preponderance of evidence”, not “clear and convincing evidence” as required by the U.S. Supreme Court.
The above list is convincing proof that you are dealing with a bogus TMB that is operating illegally. Without adhering to the standards and the law set out for the TMB, any and all of its actions and proceedings are illegal, null and void. At last count, nine (9) of the nineteen (19) TMB members are violating the law. Numbers 1 thru 4 above taint and nullify the entire TMB. You have two (2) options to consider; only one (1) works in your best interest.
One, you can try to fight the merits and spend a huge amount of money on attorney fees, which most likely will result in a big monetary loss for you and/or a settlement agreement. A settlement agreement means that you will illegally endure the sanctions, punishment, costs, supervision and fines that the improperly seated TMB imposes on you. And all these “sanctions” will remain on your medical record with the TMB and the National Data Base, listing you as a “bad doctor” or practitioner FOREVER! Some doctors have lost more than 70% of their business because of these public records. You can choose to operate under the confines/sanctions that an ILLEGALLY seated TMB has imposed upon you….
Two, you can become a lifetime private member of ProAdvocate Group, a Private Membership Legal Association that will fully and 100% assist you in filing a Withdrawal of the Settlement Agreement (if you have already gotten yourself into this agreement) and/or a Motion to Dismiss the TMB Complaint. The lifetime membership includes appeals to the U.S. Supreme Court if necessary with no additional charges, except for court filing fees. Your defense challenges would include, but not be limited to, the above-listed, illegal, fatal defects concerning the legal jurisdiction, authority and standing of the TMB. All existing law is in your favor; the TMB does not have a proper legal defense against the above-listed six (6) items which you can use in your legal pleadings, all of which have been very successful. Remember, if you have already entered into a settlement contract, it is null and void because in any contract there must be two (2) legal parties. And when the TMB fails to adhere to the law and the Texas Constitution, IT FAILS TO QUAILIFY AS A LEGAL PARTY! In addition, you should be outraged by the actions of the TMB because your due process rights under the 5th and 14th Amendments to the U.S. Constitution definitely have been violated.
None of our members have ever faced retaliation or backlash from the TMB by challenging the TMB as suggested in this letter. In fact, the opposite has been the case. Our members stand a very good chance of never again being contacted or bothered by the TMB in the future resulting in a tremendous savings for you in future legal fees. Our fees include helping you with past, present and future problems you may have with the TMB. Think about that advantage.
You CAN stop the harassment and illegal false complaints against you, but you must take action on your own behalf. What has happened to you is a legal travesty and abomination by the TMB. ProAdvocate Group can help you fight the injustice you have been rendered. We can help you continue practicing the profession you have chosen through a private membership legal association.
The information provided by ProAdvocate Group is for educational purposes only. Although we have performed extensive research regarding legal principles, our trustees, officers and supporting staff of ProAdvocate Group are not licensed members of the State Bar of Texas. Information provided by members of ProAdvocate Group should not be considered a substitute for the advice of a licensed attorney in handling your legal affairs.
*This disclaimer provided to you as mandated by Texas Law, Section 1, Section 81.101, Government Code Subsection (c), as follows:
…the “practice of law” does not include the design, creation, publication, distribution…of written materials, books, forms…or similar products if…clearly and conspicuously state that the products are not a substitute for the advice of an attorney.