Attorney Tim Weitz

Tim Weitz is a founding partner of the Austin-based law firm of McDonald, Mackay, Porter & Weitz, L.L.P.

Licensed in Texas since 1986, Mr. Weitz has worked as an attorney in both the public and private sectors. Prior to his return to private practice in 1996, he served as the General Counsel for the Texas State Board of Medical Examiners, now known as the Texas Medical Board. His duties with the Texas Medical Board also required him to provide legal services to the Texas State Board of Acupuncture Examiners and the Texas State Board of Physician Assistant Examiners.



In addition to service in state government, his background includes both criminal defense and criminal prosecution as a judge advocate in the U.S. Marine Corps. He has private practice experience in a wide range of general civil matters, and has been a frequent speaker on a variety of health law related topics, grassroots lobbying, and professionalism. He is Board Certified in Administrative Law by the Texas Board of Legal Specialization, and his daily practice focuses primarily on physician licensure defense, health law, general administrative law, and professional licensing issues for health care providers of all kinds. His practice includes both mediations and contested hearings at the State Office of Administrative Hearings (SOAH). SOAH litigation remains an area of special emphasis in his current practice.



Mr. Weitz has also been retained as a lobbyist and consultant on health care legislation and has served as adjunct faculty at Texas State University as well as the Texas Health and Science University, formerly the Texas College of Traditional Chinese Medicine. He is an experienced and practical educator, and has regularly been an invited speaker at the University of Texas School of Law, the Baylor School of Law, and the Army-Baylor Physical Therapy Program. 



Mr. Weitz is an ASAE certified association executive and has a history of involvement in various projects for non-profit organizations in and outside the health care field. His association experience includes prior service as the Executive Director for the Texas Physical Therapy Association, and various leadership roles with the Lone Star Military Vehicle Preservation Association. He is a Life Member of the Texas Military Forces Historical Foundation, as well as a former Board member and President. He continues to participate in military history and museum organizations dedicated to remembering and honoring veterans.

Areas of Practice

  • Physician Disciplinary Defense and Licensure
  • Non-Profit Association Management
  • Administrative Law
  • Health Care Provider Consultation and Contracting
  • Legislative and State Agency Lobbying
  • Expert Testimony on Physician Regulation

Education

  • 1987 Marine Corps Judge Advocate, Naval Justice School/Law of War College
  • 1985 J.D., Texas Tech University School of Law
  • 1983 B.A. English, University of Texas – Austin

Licenses/Certifications

  • 2008 – Certified Association Executive
  • 1997 – Certified in Administrative Law, Texas Board of Legal Specialization
  • 1990 – U.S. Court of Military Appeals
  • 1987 – Navy-Marine Corps Trial Judiciary
  • 1986 – State Bar of Texas

Memberships

  • Austin Bar Association
  • State Bar Association
  • Lone Star Military Vehicle Preservation Association, Austin, Texas
  • G Company, Living History Detachment of the Texas Military Forces Museum, Austin, Texas
  • World War II Airborne Demonstration Team, Frederick, Oklahoma
Publications & Speaking Engagements:
  • “Licensee Defense and SOAH: Administrative Law Litigation,” University of Texas School of Law, Austin, Texas, Oct. 5, 2017
  • “Medical Record Keeping Course,” PBI Medical Record Keeping Course, Atlanta, Georgia, Aug. 19-20, 2017
  • “Medical Record Keeping Course,” PBI Medical Record Keeping Course, Irvine, California, June 23-24, 2017
  • “Medical Record Keeping Course,” PBI Medical Record Keeping Course, Irvine, California, March 12-13, 2016
  • “Practical Risk Management for Physicians: Avoiding Unwanted Attention from Licensing Boards,” The American College of Legal Medicine 56th Annual Meeting, February 26, 2016
  • “Healthcare Litigation: Health Licensing Agencies and SOAH,” Baylor Law School, Waco, Texas, January 15, 2016
  • “Texas Medical Board Regulatory Updates Pertaining to Boundaries and Behavior” (Joint Presentation with Jeff B. McDonald, J.D.), “Physician Minefields: Boundaries Behaviors, and Time,” Texas Medical Association – Committee on Physician Health and Wellness, Corpus Christi, Texas, October 16, 2015
  • “Breakfast & Ethics” (Joint Presentation with Jeff B. McDonald, J.D.), Texas Osteopathic Medical Association 70th Annual House of Delegates Meeting, Round Rock, Texas, April 11, 2015
  • “Medical Record Keeping Course,” PBI Medical Record Keeping Course, Sacramento, California, April 13-14, 2013
  • “Executive Leadership: Associations, Legislatures, and Licensing Boards,” Army-Baylor Executive Leadership Course, U.S. Army-Baylor PT Program, Fort Sam Houston, Texas, May 28, 2013
  • “Health Care Provider Regulation: Navigating the State Agency and Litigating at SOAH,” Baylor Law School, Waco, Texas, January 14, 2013
  • “Health Care Provider Licensing, Discipline, and Litigation: The Art of the Story,” University of Texas School of Law, Austin, Texas, November 26, 2012
  • “Implied Consent Challenges” (Panel Presentation), Texas College of Emergency Physicians, 2012 EMS Conference, Austin, Texas, November 12, 2012
  • “Physician Risk Management: Practical Pointers for Practitioners and Administrators,” T-BONES 2012 Annual Meeting, Texas Orthopedic Administrators Society, Grapevine, Texas, November 8, 2012
  • “24th Annual Advanced Administrative Law Course, Discovery in Administrative Cases,” Texas Bar CLE, Austin, Texas, June 7, 2012
  • “Licensure, Discipline, and Risk Management for PTs,” U.S. Army-Baylor PT Program, Fort Sam Houston, Texas, May 17, 2012
  • “Risk Management and Clinical Courage,” U.S. Army-Baylor PT Program, Fort Sam Houston, Texas, June 14, 2011
  • “Politics of Practice: Associations, Regulators, and the Legislature,” Texas State University, San Marcos, Texas, June 14, 2011
  • “Representing Physicians Before the Texas Medical Board: Reality Based Practice,” Baylor Law School, Waco, Texas, January 10, 2011
  • “Physician Regulation and Representation: Licensing, Discipline, and the State Office of Administrative Hearings,” University of Texas School of Law, Austin, Texas, November 11, 2010
  • “Best Practices in Informal Settlement Conferences/Show Compliance Proceedings: Back to Basics,” 5th Annual Texas Advanced Administrative Law Seminar, University of Texas School of Law, Austin, Texas, September 3, 2010
  • “Avoiding and Responding to Licensing Board Investigations and Complaints,” T-BONES 2010 Annual Spring Meeting, Texas Orthopedic Administrators Society, Grapevine, Texas, April 23, 2010
  • “Physician Regulation in Texas: The Texas Medical Board and the State Office of Administrative Hearings,” University of Texas School of Law, Austin, Texas, February 8, 2010
  • “Avoiding Patient Complaints, Lawsuits, and Board Investigations,” Texas Academy of Traditional Chinese Medicine, Austin, Texas, January 30, 2010
  • “Anatomy of an Administrative Hearing,” “The Role of Volunteer Boards in Deciding Contested Cases: Judge, Jury and Executioner?” Administrative Law Section of the Austin Bar Association, Austin, Texas, March 24, 2008
  • “Legislative Challenges and the Value of Association Membership,” Austin Community College, Austin, Texas, January 29, 2008
  • “Texas Physical Therapy Association Risk Management for PTs, PTAs, OTs, and COTAs: Disaster Recovery to Protecting Your License, Protecting Your License Before and After the Board Comes Knocking,” Houston, Texas, December 14, 2007
  • “Risk Management for Physical Therapists,” University of Texas Medical Branch-Galveston, Galveston, Texas, September 12, 2007
  • “Government Affairs, Association Involvement, and the Texas Legislature,” Texas State University, San Marcos, Texas, September 7, 2007
  • “Legal and Ethical Consequences of Boundary Violations,” University of Alabama School of Medicine, Atlanta, Georgia, August 17, 2007
  • “Electronic Elections for Association Leaders: Pandora’s Box or Answer to Apathy,” American Physical Therapy Association Component Executives Meeting, Washington, D.C., Joint Presentation with Fernando Rodriguez, May 21, 2007
  • “The 80th Session of the Texas Legislature: Getting Involved and Making a Difference,” Austin Community College, Austin, Texas, February 6, 2007
  • “The Sunset Advisory Commission and Agency Sunset Review: Preparing and Participating,” TPTA Midwest District, San Angelo, Texas, January 11, 2007
  • “Law Practice Management Program of the State Bar of Texas: Supervising an Ethical Support Staff,” Live Webcast (Panel Presentation), Austin, Texas, January 9, 2007
  • “State Legislative Issues: 2007 and Beyond,” Angelo State University, San Angelo, Texas, December 1, 2006
  • “Professionalism: More Than the Clothes on Your Back,” University of Texas-El Paso, El Paso, Texas, November 20, 2006
  • “State Legislative Issues: 2007 and Beyond,” Texas State University, San Marcos, Texas, September 29, 2006
  • “The Texas Medical Board: A Defense Attorney’s Perspective,” Shannon Medical Center, San Angelo, Texas, August 14, 2006
  • “The Politics of Workers’ Compensation, Physical Therapy Products,” Vol. 17, No. 6, 28-30, July/August 2006
  • “Texas Osteopathic Medical Association 2006 Annual Conference,” Responding to the Medical Board, Dallas, Texas (Individual and Panel Presentation), June 17, 2006
  • “Life with Lawyers: The Legislature, the Licensing Agency, and Lawsuits,” U.S. Army-Baylor PT Program, Fort Sam Houston, Texas, May 6, 2006
  • “Negotiation Skills,” Texas Woman’s University – Dallas, Dallas, Texas, April 2, 2006
  • “Clinical Outlet, Political Involvement – Take the First Step,” Vol. 8, No. 3, 10-12, March, 2006
  • “Government Affairs: The Texas Legislature, Agency Rulemaking, and the U.S. Congress,” TPTA Permian Basin District, Odessa, Texas, March 28, 2006
  • “The Texas Legislature – Strength in Numbers,” Austin Community College, Austin, Texas, February 21, 2006
  • “The Texas Legislature and Related Topics: The World Is Run By Those Who Show Up,” Hardin-Simmons University, Abilene, Texas, December 7, 2005
  • “The Texas Legislature and Related Topics: The World Is Run By Those Who Show Up,” Angelo State University, San Angelo, Texas, December 7, 2005
  • “Professionalism in the Physical Therapy Profession,” University of Texas-El Paso, El Paso, Texas, November 15, 2005
  • “Life with Lawyers: The Legislature, the Licensing Agency, and Lawsuits,” Texas State University, San Marcos, Texas, September 16, 2005
  • “2005 Annual Meeting and Delegate Assembly of the Federation of State Boards of Physical Therapy, How Do They Do That? Approving Continuing Educations Courses: Three Linchpins to the Texas Continuing Education Approval Program,” (Panel Presentation), Austin, Texas, September 11, 2005
  • “Texas Physical Therapy Association 2005 Leadership Conference: Courage and Legislation, The Texas Legislature: How it Works and How to Keep Up” (Joint Presentation with Jeni Leans), Austin, Texas, April 17, 2005
  • “TPTA Avoiding & Reversing Denied TWCC Claims Course, TWCC and the Upcoming Sunset Process,” Houston, Texas, August 27, 2004
  • “Professionalism: More Than the Clothes on Your Back, UTMB – Galveston, Physical Therapy Program,” School of Allied Health Sciences, Galveston, Texas, August 5, 2005
  • “Disruptive Physician Behavior,” Doctors Hospital, Laredo, Texas, July 27, 2005
  • “Contracts – Keeping it Simple: Some Basics You Need to Know,” Texas Woman’s University – Houston, Houston, Texas, July 25, 2005
  • “Life with Lawyers: The Legislature, the Licensing Agency, and Lawsuits, U.S. Army-Baylor PT Program,” Fort Sam Houston, Texas, May 25, 2005
  • “Legislative Update: The 79th Session of the Texas Legislature,” Texas State University, San Marcos, Texas, April 25, 2005
  • “The Texas Legislature – Strength in Numbers,” Texas Woman’s University – Dallas, Dallas, Texas, April 7, 2005
  • “What to Do If You’re Under Investigation” (Panel Presentation), Bexar County Medical Society, San Antonio, Texas, April 6, 2005
  • “TPTA Avoiding & Reversing Denied TWCC Claims Course, TWCC and the Upcoming Sunset Process,” Austin, Texas, March 19, 2004
  • “The Texas Legislature – Strength in Numbers,” Angelo State University, San Angelo, Texas, February 24, 2005
  • “The Texas Legislature and the PT Profession,” Texas State University, San Marcos, Texas, September 24, 2004
  • “Life with Lawyers: The Legislature, the Licensing Agency, and Lawsuits,” Texas State University, San Marcos, Texas, June 4, 2004
  • “State Government Affairs: A Preview of the 79th Session of the Texas Legislature,” HEB Hospital, Arlington, Texas, April 20, 2004
  • “Negotiation Skills,” Texas Woman’s University – Dallas, Dallas, Texas, March 26, 2004
  • “Life with Lawyers: The Legislature, the Licensing Agency, and Lawsuits,” U.S. Army-Baylor PT Program, Fort Sam Houston, Texas, November 4, 2003
  • “Life with Lawyers: The Legislature, the Licensing Agency, and Lawsuits,” Southwest Texas State University, San Marcos, Texas, October 3, 2003
  • “The Legislature and Professionalism in the PT Profession,” University of Texas-El Paso, El Paso, Texas, September 30, 2003
  • “Government Affairs Update,” TPTA Coastal Bend District South Padre Island Retreat, South Padre Island, Texas, September 16, 2003
  • “Negotiation Skills,” Texas Woman’s University – Houston, Houston, Texas, July 9, 2003
  • “The PT Professional,” Southwest Texas State University, San Marcos, Texas, May 30, 2003
  • “Vanderbilt’s Maintaining Boundaries Course, Legal and Professional Consequences for Boundary Violations,” Sante Center for Healing, Argyle, Texas, May 7, 2003
  • “Legislative Update: Developing Issues in the 78th Texas Legislature,” Southwest Texas State University, San Marcos, Texas, April 17, 2003
  • “Negotiation Skills,” Texas Woman’s University – Houston, Houston, Texas, March 28, 2003
  • “Life with Lawyers: The Legislature, the Licensing Agency, and Lawsuits,” U.S. Army-Baylor PT Program, Fort Sam Houston, Texas, November 19, 2002
  • “Legal Issues in Physical Therapy,” Angelo State University, San Angelo, Texas, November 6, 2002
  • “Hot Political Issues for PTs and PTAs,” TPTA Greater El Paso District, El Paso, Texas, April 2, 2002
  • “TPTA 2001 Annual Conference/Student Conclave, Regulations, Risk Management & Ethics for PTs and PTAs” (Joint Presentation with Taralynn R. Mackay, RN, JD), Arlington, Texas, October 15, 2001
  • “Medical & Health Care Litigation Symposium, Client Counseling on Risk Management,” University of Texas School of Law, Review of Litigation, Austin, Texas, March 2, 2001
  • “Texas Physical Therapy Association 2000 Annual Conference/Student Conclave, What’s Up With the Legislature?” Austin, Texas, October 6, 2000
  • “American Physical Therapy Association 11th Annual State Government Affairs Forum, How to Testify Effectively Before State Legislatures,” Phoenix, Arizona, September 24, 2000
  • “Challenges for the Physical Therapy Profession,” Texas Woman’s University-Dallas, Dallas, Texas, November 5, 1999
  • “Legal Issues in the Physician Assistant Profession,” Texas Academy of Physician Assistants 1999 Fall CME Conference, Galveston, Texas, October 2, 1999
  • “Testimony Preparation on Manipulation,” American Physical Therapy Association 10th Annual State Government Affairs Forum, Hartford, Connecticut, October 23, 1999
  • “Professional Issues and the 76th Session of the Texas Legislature,” Del Mar College, Corpus Christi, Texas, September 19, 1999
  • “Understanding the Licensing Board and the Professional Association,” Hardin-Simmons University, Abilene, Texas, June 17, 1999
  • “Professionalism and the Importance of Association Membership,” Texas Woman’s University – Dallas, Dallas, Texas, June 9, 1999
  • “The Texas Legislature: Looking Good in a Suit Can Only Take You So Far,” Synergy. Vol. IV, No. 4, May/June 1999
  • “Texas Society of Association Executives Advanced Meeting Planners Seminar,” Ethics: What’s Right & Wrong in Our Industry (Joint Presentation with Beth Plater, CMP), Austin, Texas, March 10, 1999
  • “The Politics of Attorney General Opinions: Influencing the Outcome of Attorney General Opinion Requests,” American Physical Therapy Association 9th Annual State Government Affairs Forum, Austin, Texas, November 2, 1998
  • “Risk Management Education 1998,” Mock Texas State Board of Medical Examiner’s Settlement Conference & Mock Trial (Defense Counsel Participant in Group Presentation), The University of Texas Southwestern Medical Center, Dallas, Texas. June 16, 1998
  • “Understanding the Decision-Making Process” (Defense Counsel Participant in Group Presentation/Panel Analysis), Texas Department of Health Educational Conference, Texas Department of Health, Austin, Texas, April 27, 1998
  • “Medical Practice Act: Certification and the Corporate Practice of Medicine Prohibition,” Austin Lawyer, Summer 1997
  • “Protecting the Public: Mission Possible, Managed Care” (Individual and Panel Presentations), The Federation of State Medical Boards of the United States, 85th Annual Meeting, San Diego, California, April 17, 1997
  • “Administrative Law Seminar: Effective Representation in Agency Proceedings,” “Effective Advocacy Before the Agency” (Individual and Panel Presentations), Administrative Law Section of the Travis County Bar Association, Austin, Texas, March 7, 1997
  • “Managed Health Care Issues for Travis County Attorneys Seminar,” “Medical Practice Act §5.01(a) Non-Profit Health Organizations: The Mechanics of Obtaining and Keeping Certification,” Travis County Bar Association, Austin Young Lawyers Association Foundation, and Austin Health Lawyers Group, Austin, Texas, February 7, 1997
  • “Profile of a Licensure Disciplinary Proceeding” (Panel Presentation), Government Law and Liability Conference, Office of the Attorney General, Austin, Texas, May 6, 1996
  • “Managed Health Care Issues for Travis County Attorneys, A View from the Government Regulatory Enforcement Initiatives,”
    (Panel Presentation), Travis County Bar Association and Austin Young Lawyers Association Foundation, Austin, Texas, December 8, 1995
  • “Health Regulation – Discussions, Regulation of the Medical Profession by the Texas State Board of Medical Examiners,” Health Policy Institute, University of Texas Houston Health Science Center, Houston, Texas, November 14, 1995
  • “A Mosaic: Integrating the Art and Science of Regulation, Tracking and Monitoring Restricted Licenses,” Council on Licensure, Enforcement and Regulation, Fifteenth Annual Meeting, San Antonio, Texas, September 8, 1995
  • “New Horizons and Challenges: The Changing Face of Occupational and Professional Regulation,” “Alternative Dispute Resolution (ADR): Producing Win-Win Outcomes” (Panel Presentation), Council on Licensure, Enforcement and Regulation, Eastern Regional Conference, Orlando, Florida, May 27, 1995
  • “Medical Boards: Protecting the Public in a Changing Environment, Evaluating Quality of Care Complaints,” The Federation of State Medical Boards of the United States, 84th Annual Meeting, San Antonio, Texas, April 20, 1995
  • “What’s Hot: A Texas Legislative and Regulatory Update,” “5.01(a) Non-profit Health Corporations: A TSBME Review of Recent Rule-making,” Texas Hospital Association, Austin, Texas, February 10, 1995
  • “Legal Issues: Physician Health Program/Texas State Board of Medical Examiners” (Joint presentation with Donald P. Wilcox, J.D.), Texas Medical Association Committee on Physician Health and Rehabilitation, Second Annual Retreat for Volunteers in the Physician Health and Rehabilitation Program, Irving, Texas, January 28, 1995
  • “Making Your Case: The Mechanics of Civil Prosecution, Discovery – Using it to Build Your Case,” Administrative Law Section, Travis County Bar Association, Austin, Texas, November 18, 1994
  • “1993 Texas Health Law Conference, Corporate Practice of Medicine Prohibition” (Joint presentation with Kevin Reed, J.D.), The Health Law Section of the State Bar of Texas and the Texas Hospital Association, Austin, Texas, October 8, 1993