Know Your Regulator: The Podcast that Inspires You to Engage

Texas License Holder Risks in 2026: AI, Telemedicine, Renewals, Complaints

Team Bertolino Season 1 Episode 65

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0:00 | 17:02

The rules are moving under our feet, and 2026 is full of invisible tripwires that can turn good intentions into investigations. We dig into four lanes of risk—tech touching your work, care at a distance, paperwork and portals, and complaints and conduct—and share practical checklists to keep your license safe without living on agency websites. From AI disclosures and data handling to telemedicine documentation and shifting complaint processes, we connect the dots so you can move with clarity, not fear.

We unpack how AI becomes a legal obligation when it touches consumer-facing work, the two predictable mistakes that put licenses at risk, and how to craft an internal AI policy that stands up to scrutiny. We then shift to privacy and cybersecurity as credibility events, outlining simple, high-impact controls: multi-factor authentication, least-necessary access, vendor due diligence, and a clear incident plan. Healthcare pros hear a tight update on telemedicine prescribing: extended does not mean permanent, and controlled substances require consistent protocols, rationale, and follow-ups you can prove.

Next, we show why 2026 is a portal year where missing emails and stalled renewals can make your public record look inactive. You’ll get a renewal timeline, documentation tips, and a verification step that prevents accidental unlicensed practice. Real estate professionals learn how SB 1968 changes day-to-day workflow, while appraisers get a heads-up on CE tied to valuation bias and fair housing. We also spotlight BHEC’s proposed shift in informal settlement conferences and why educators should treat social media as potential evidence. Finally, we highlight Texas’s legal admissions change and its ripple effects on hiring pipelines and portability.

If you enjoyed this episode, subscribe, and share with a colleague so you both stay in compliance this year! Your process is your protection, let’s make it airtight.

Get more information, details and resources on Know Your Regulator - https://www.belolaw.com/know-your-regulator




Invisible Tripwires In 2026

SPEAKER_00

If you get investigated in 2026, it won't be because you didn't care about your profession. It'll probably be because the system changed from underneath you and you didn't feel it until it really mattered. I'm Simone Murphy, this is Now Your Regulator, and this year is full of what I'm calling invisible tripwires. We're talking AI disclosures, privacy expectations, extended telemedicine rules, and complaint processes that seem familiar until they're not. Today I'm going to give you a simple way to look at 2026 so that you can stay confident and compliant all year long without having to live on agency websites. So here's how we're going to do this because I don't want to just read off of a list. I have categorized the biggest risks of 2026 into four different lanes. So lane one, we have tech touched your work. Lane two, we have care at a distance. Lane three, we have paperwork and portals, and lane four, we have complaints and conduct. And at the very end of this, we're going to talk about a huge shift for Texas lawyers and law students. And throughout the episode, you're going to hear me go back to this one theme. And that's in 2026, process beats intention. And here's what I want you to know about that. The system doesn't care what your heart says or what you intended to or how kind you were trying to be, right? They care about what the evidence shows, what the record shows, and what you can really prove. So let's kick it off. We're going to start with lane one. So the first invisible tripwire I want to talk about is AI. Artificial intelligence is something that's used by professionals in their day-to-day practice, probably in small ways like drafting emails, marketing materials, summarizing policies or helping you with documentation. But there's a big shift here in Texas, and that's that it's no longer just a preference. It's no longer just something you can sort of opt into using. It's now tied to legal requirements with consumer interaction. So the real risk here is not that it's banned or that you should cease to use it. It's that if AI is touching your client facing work and you can't explain what happened, your license is what's on the line. And there's two mistakes that I see coming from a mile away. The first mistake is that people start trusting the AI output and what AI says, like it's authority, right? It can sound confident, but it can still be wrong. So if you publish it, you send it, you chart it, you rely on it, that becomes your work product. The second mistake I see is people feeding sensitive information into whatever AI model that they're using. And your license role, whether it's in healthcare, law, education, real estate, it contains sensitive, confidential information. If you put private data into a platform with unclear privacy controls, you've just opened up a huge compliance issue without even realizing it. So a couple things that you can keep in mind as you're using AI in 2026, AI is a great tool, but there needs to be some human oversight, right? You need to give it your professional judgment and make sure that its output is good to go. If you're using AI to create professional records, you need to be able to verify it line by line. Please don't put confidential information or details into tools that you don't control and don't have privacy controls over. And really, this is a huge one. Decide now what your internal AI policy is going to be so that you're not scrambling to put it together later on. Now, once AI enters your workflow, the next question is unavoidable. It's what data did you expose and what happens if that data gets out? That brings us to privacy and cybersecurity. And here's why privacy and cybersecurity are such a big risk in 2026. A data breach is not just an IT headache, it becomes what's called a credibility event. And credibility events often turn into complaints, audits, lawsuits. I mean, even if you're not a tech person, you're still part of a data chain, right? You still use email, cloud storage, electronic medical records, you use third-party platforms and shared documents. It only takes one week link. So the risk isn't that hackers exist and that they're out there or they're trying to get info. It's that you have to be able to show that you had a reasonable system in place to prevent breaches and data from being shared. What comes up in board investigations again and again is if something went wrong, what did you do to prevent it? And what did you do once you learned about it? And what did you document? Documentation is so, so important. So here's a few things to keep in mind in 2026 when you're looking at privacy and cybersecurity. Use multi-factor authentication absolutely wherever you can, okay? Titan who has access to those really sensitive records. Does so-and-so really need to have that access to confidential information and make a simple incident plan, right? Who do you call? What do you preserve? What do you disclose, and when? And don't treat vendors like they're magic. You know, you've got to confirm where your data lives and who it's shared with, who has access to this. Now, tech and documentation collide even more intensely in healthcare. And there's one story that licensees keep misreading, right? Telemedicine prescribing rules. Let's keep it tight and practical. I'm gonna break it down. The telemedicine message that most people are hearing is extended, but the message I want you to hear is extended means temporary, and temporary means that rules can change, scrutiny can increase, and documentation is what keeps you safe. Telemedicine flexibilities for prescribing controlled substances continue in 2026, but if your documentation is sloppy, you can't show rationale, you're not doing follow-ups, you're not in compliance, you are creating a huge vulnerability for your license. So the risk here is not that telemedicine is illegal or you shouldn't use it, it's that telemedicine plus controlled substances is a documentation test. Make sure you're using a consistent visit protocol, identity verification, medical necessity charts, have a follow-up plan, and make sure your staff is trained so they know the protocol too. Okay, zooming out, even if you never use AI or telemedicine, you can still get jammed up in 2026 by something far less exciting: paperwork and portals. 2026 is a portal year. And what I mean by that is the risk here isn't what you know, it's what the system is showing. Across multiple agencies, licensing and renewal services are increasingly becoming self-service and automated. And so that creates a whole new category of problems. We're talking about missing emails, CEs not posting, your sponsorship didn't update, your renewal says processing, but your license is saying expired. And here's the harsh reality: if your public license verification doesn't show active, you can still be treated as practicing without a valid license, even if you thought you were fine. And from what I've seen with practicing without a license cases, those can get so expensive so quick. So a couple things that you can do to prevent that from happening are log into your licensing portal now. Log in way before you actually have to renew. Update your phone, your email, your mailing address, especially most boards still send things through the mail. You want to make sure that you've got your email and your physical mailing address updated. Save those receipts from when you complete continuing education and renewal requirements and put reminders at 90, 60, 30 days out so that you have got this on your calendar. You know when you need to submit. Now, if you're in real estate, 2026 is not only just a portal year, it's a workflow change year. A huge law went into effect January 1st. So let's talk about it. 2026 comes with significant practice changes for real estate professionals in Texas as SB 1968 took effect January 1st. And so here's our kind of know your regulator version. These are the kinds of changes that create discipline, not because someone was trying to be unethical, but because they were doing what they've always done. I'm sure everyone has heard that in their industry. This is how we do things, this is just how they get done. This is where people are getting caught in between that gap of I'm trying to help, and I just performed regulated activity without the proper steps. So your protection in 2026 real estate professionals is standardizing your workflow. Okay, what happens at that first contact? What happens before showings? What happens before offers, and when and what paperwork is required? Okay, a many checklist that you can use is to audit your client intake script, audit your forms and your packet timing, and plan your continuing education now. Don't wait for that last-minute renewal. Appraisers also have a similar trap in 2026, except it shows up as an education requirement that hits at renewal or upgrade license time. For Texas Appraisers 2026 brings a really specific risk. It's continuing education tied to valuation bias and fair housing. Now, most professionals would agree that education here is important. And so the gotcha isn't that the topic itself, it's the timing, the version, and the proof. You have to make sure that you're taking the correct course, it's the correct link. And assuming that something is close enough will count on a deadline is not going to be enough. So if you're applying and upgrading in 2026, confirm you have the correct course and hours for your pathway and save those completion certificates immediately. Don't let those get out of your sight. Don't wait until the end of the month for your renewal either. There could be so many factors that get in your way when you've got 24, 48, 72 hours to complete a renewal. Make sure that you get your renewal in timely. Okay, so we've talked a bunch about tech and paperwork, but let's talk about what happens when something goes sideways because 2026 has a theme too, and it's that complaint processes and professional misconduct are really under a microscope. And sometimes that process itself changes. Now, if you're licensed under BHEC, uh you're an LMFT, LPC, social worker, psychologist, this part I really want you to hear very clearly. BHEC is proposing changes to how informal settlement conferences operate. And so you, as a license holder, need to be aware of this, even if you never plan to have a complaint, because this really changes the way that license holders expect an informal settlement conference to go. This is where a lot of cases are shaped, uh, before anything becomes formal, before things go off to the state office of administrative hearing. And so the risk is that if this process becomes more staff-driven and less panel driven, license holders are going to walk in expecting to have one type of conversation and you're gonna encounter a totally different one. So my advice here would be to treat an ISC like a serious case moment. It's not a quick chat, not a casual chat. It's a moment where what you say, what you do, and what you bring holds a lot of weight and has a lot of impact on how your case continues. So a couple things you can do is preserve all your documentation notes, timelines, supervision notes. Don't amend anything after the fact. Please don't do that. That could get you in a lot of trouble. And consider legal counsel early, not later on. Consider legal counsel when you get this initial inquiry letter about, hey, we have a complaint on you. What's going on here? It is far less traumatic and far less expensive to have that help early on rather than when things do get formal and you go to the state office of administrative hearings, and that's more like a trial setting. So absolutely try and get some help early on if you find yourself in this situation. And this theme, these screenshots, documentation, the complaint volume, it connects directly to educators too. Educators are living in a 2026 environment where online conduct can become evidence. For educators, 2026 risk is not abstract, right? There's active public attention around educators' social media posts, investigations, and complaints. And when a topic becomes that public and politicized, complaint volume increases and systems move way slower. So the bigger point for all license holders is this screenshots are evidence. What you post on social media could become evidence. And the boards aren't investigating the vibes or your intentions, they're investigating records, statements, timelines, and conduct standards. So if you're an educator or really any licensed professional, you need to ask yourself: is what I'm posting online potentially going to violate my board's code of conduct? If a post, a comment, or a DM landed on an investigator's desk, would it help you or would it hurt you? Don't rely on privacy settings as protection. There are so many ways around these private profiles and privacy on the internet. Avoid posting anything that blurs that line between professionalism and misconduct and assume that any context in what you post will be lost. If that landed on an investigator's desk, they're not going to have context for, like we said, what you meant or what you intended. Make sure that you are double checking. And frankly, if you think that it's going to get you in trouble, err on the side of caution and just don't post it at all. Okay, this is our last segment. And this is not about portals, AI, or computers, tech, anything like that. This is that big shift that I was talking about for Texas law students and lawyers in 2026. In Texas, there's a significant shift underway when it comes to legal admissions. Texas is stepping away from solely relying on ABA accreditation as the gatekeeper for law school admissions tied to bar eligibility. If you're a lawyer, you may think this doesn't affect me, but it affects the professional ecosystem. You may not feel it now, but you will definitely feel it in the latter half of this year. We're talking hiring pipelines, candidate eligibility. People plan law school choices, especially if they want to practice in multiple states. And this planning risk is now more than just a daily compliance risk. It's big enough in 2026 that it belongs in this episode. So here's some things to think about as we're moving into 2026. If you're choosing a school, verify whether that school meets Texas's pathway requirements. And if you're hiring, confirm that your applicant has eligibility under Texas law. And if portability matters to you, that's something you need to plan now. You need to pay attention to the other states' requirements and what they may need from you. So if you remember one thing from today, I'd like it to be this. And 2026 process beats intention. Your best protection is a clean, organized workflow and solid documentation. If tech is touching your work, verify and document. If you're giving care at a distance, double check those rules and make sure you're in compliance. When it comes to paperwork and portals, log in early. Don't wait until the last minute and double check what the system shows. And when it comes to complaints and conduct, treat early steps like they matter. Thanks for tuning in today on Know You Regulator. As we map out the biggest risks for license holders in 2026. If you found this helpful, share with a colleague so you both can avoid those very easily preventable mistakes. We'll see you next week, but until then, stay inspired and continue engaging with your regulatory agency.