Texas nursing license defense lawyerAddiction is experienced by individuals of all ages, in all walks of life, and of all professions; it does not discriminate. Yet, when it comes to the nursing field, the consequences of addiction are usually higher. That is because nurses have more than just their health and emotional and financial well-being on the line; they could also lose their right to practice. Thankfully, it is possible to mitigate against the risk of a suspended nursing license while seeking treatment for an addiction. Learn more in the following sections, including how the experienced assistance of an attorney can improve the outcome of your case.

Understanding the Risk of Addiction

Though they have access to controlled substances, the rate of addiction for nurses is no higher than the general population’s. That suggests that the nurses who suffer from an addiction might have dealt with the issue, regardless of their profession. Sadly, their career does complicate the recovery process. If caught diverting or using drugs by the Texas Board of Nursing (BON), they could be investigated and reprimanded. Consequences can include everything from mandatory drug testing and temporary suspension to the permanent revocation of one’s license.

Seeking Treatment Can Jeopardize Your Nursing License

Seeking treatment for drug or alcohol addiction might seem like the most straightforward way to protect one’s license, but this is rarely the case. Instead, it sometimes tips off the BON and sparks an investigation. If evidence of an infraction is found - anything from drug diversion to endangering the life of a patient while allegedly under the influence of drugs or alcohol - one could experience the very same consequences as an actively addicted nurse. Thankfully, nurses who wish to recover from their addiction can do so without further jeopardizing their license. An experienced nursing license defense lawyer can explain how.

Contact Our Seasoned Texas Nursing License Defense Lawyer

With nearly 30 years of experience in the medical-legal arena, Oscar San Miguel, Attorney at Law, is the firm to call. Able to advise as you seek treatment for addiction, and capable of protecting your nursing license if you are investigated, our skilled Texas nursing license defense lawyer will work hard to ensure you are not punished for trying to recover. No matter what the situation, we will aggressively pursue the most favorable outcome possible. Call 512-228-7946 and schedule your free and personalized consultation with us today.


Texas medical license defense attorneySanitary practices that meet the standard of care can help to reduce the risk of transmission of communicable diseases and development of procedure-related infections. Yet, because physicians and their staff are only human, errors in sanitary practices can and do occur. Should the Texas Medical Board (TMB) catch wind, your medical license could be at risk. Learn how to protect your right to practice in the face of an investigation, and discover what an experienced attorney can do to help improve the outcome of your case.

Physician Experiences Emergency Medical License Suspension

A real-life example of the potential consequences that a physician may face for alleged unsanitary practices, one New Jersey physician is currently fighting an emergency suspension of his medical license. He had been accused of reusing single-use anal probes on his patients, and without having so much as a chance to defend himself against the allegations, the state board has suspended his license. To get it back, he must provide proof that he ordered enough probes to treat the patients he had billed for in-office rectal procedures.

Fighting an Unsanitary Practice Allegation

Since their licenses are already suspended, physicians like the one in New Jersey are at a distinct disadvantage against their state’s medical board. Thankfully, you can do things differently. Rather than wait for the board to take investigative action against your practice, you can seek assistance from an attorney the moment you learn that a complaint has been made against you or your office. Not only does this ensure you have protection every step of the way, but it also increases the chances of a favorable outcome in your case. An experienced attorney can also field all investigation questions, ensure that all responses to the board are made in a timely manner, and they can reduce the stress you experience while navigating your investigation.

If you have already had your license suspended, perhaps under an emergency order, it is even more crucial that you reach out to an experienced attorney. Able to examine your case for any potential defenses against the allegations, and committed to ensuring you receive the fair treatment you deserve during a TMB hearing or investigation, Oscar San Miguel, Attorney at Law, is the firm to trust. Our seasoned Texas medical license defense lawyer has nearly 30 years of experience in the legal-medical arena, and we will aggressively pursue the most favorable outcome possible for your situation. Learn more by scheduling a free and personalized consultation. Call 512-228-7946 today.


Texas nursing license defense lawyerThe Health Insurance Portability and Accountability Act of 1996 (HIPAA) was put in place to protect the private health information of patients in the United States. Sadly, violations and breaches are still far too common – and if one occurs in your practice, it could place your nursing license at risk. Thankfully, by learning and avoiding the most common HIPAA violations, you can decrease your risk of an investigation and subsequent disciplinary action. Learn more, including how an experienced attorney can help protect your nursing license during an investigation with the Texas Board of Nursing (BON).

Technology and HIPAA Violations

The world is becoming increasingly reliant on the digital storage and transmission of information. While, in many ways, that has made it easier to provide prompt, quality care to patients, there is always the risk of a data breach. Information that is transmitted via non-secure methods (i.e. texting vitals over a cellphone or accessing patient records from a home computer) can create cyber-theft opportunities. Lost and stolen devices can be hacked and accessed for information. To protect the information of your patients, nurses are encouraged to use only approved and encrypted sources to transmit information, and all suspected security breaches should be reported and handled promptly.

Employees Are a Common Source of HIPAA Breaches

Employees are one of the most common causes of HIPAA breaches. Some simply are not trained properly and make honest mistakes, such as sharing patient information in a setting where it can be overheard by non-employees. Others may fail to practice their due diligence when asked for information over the phone. Still, there are others who may not understand the severity of their actions, and they may make poor choices in the handling or disclosure of private patient information. To protect your practice, ensure all employees are thoroughly trained on all HIPAA practices and protocols.

Failure to Obtain Proper Authorization

Patients may need to disclose their information to their employer, their child’s school, or another party. Typically, this is done through an authorization of release. Failure to obtain this release prior to releasing information may be considered a breach of HIPAA. If you or an employee is ever unsure as to whether an authorization is required, either ask an upper member of management or obtain the release to be safe.

HIPAA Breaches May Spark a BON Investigation

If you or an employee breaches HIPAA’s rules and regulations, you could face an investigation by the Texas Board of Nursing (BON). Should they find evidence that a breach has, in fact, occurred, your license could be at risk of suspension or revocation. Thankfully, an experienced attorney can help protect your license and your right to continue practicing medicine.

With nearly 30 years of experience in the medical-legal arena, Oscar San Miguel, Attorney at Law, is the firm to call. Dedicated to your best interests, our Texas nursing license defense lawyer will fight for the most favorable outcome possible for your situation. Schedule your free and personalized consultation by calling 512-228-7946 today.


Texas medical license defense lawyerPain management doctors and clinics have long been targeted for drug dispensing issues, but thanks to the opioid crisis, investigations into these clinics are becoming more frequent and aggressive. In fact, news sources indicate that officials are now intentionally targeting what they consider “drug dealing doctors.” Learn what this might mean for your pain management practice and medical license, and discover how an experienced medical license defense lawyer can help protect them both.

Opioid Crisis Puts Pressure on Pain Management Clinics

Chronic pain – whether caused by a serious health condition or life-altering accident or injury – is not a made-up phenomenon. If anything, it is an issue that has not received the kind of attention it deserves. There is also a misconception that many of these patients are drug seekers, but nothing could be further from the truth. Yes, some of them are, in fact, addicted to pain pills, and there has been an increase in the number of deaths among chronic pain patients but the opioid crisis cannot be blamed solely on pain patients or the practitioners that treat them.

A large percentage of the deaths associated with opioid drugs can be traced back to physicians who do not typically manage pain patients. All but oblivious to the diligence that must be practiced when prescribing pain pills to chronic pain sufferers, these doctors rarely act maliciously or negligently. Most are trying to help their patients. Sadly, their lack of exposure to the nuances in the world of pain management means they may fail to recognize or detect drug-seeking behaviors in their patients. Yet, as many pain management clinics have seen, it is those who most frequently prescribe pain medications that are being targeted for illegal activity.

Fighting a “Pill Mill” Allegation

The reality of pain management is that some patients turn to harder street drugs, or they start drug-seeking habits that can place your clinic at risk. Abandoning them is not the answer, however. Instead, physicians need an advocate that they can trust – someone who can help them fight against the allegations that are being made by the Texas Medical Board.

With more than 30 years of experience in the medical-legal arena, Oscar San Miguel can protect your rights and your medical license. Dedicated and experienced, our Texas medical license defense lawyer will aggressively pursue the most favorable outcome possible in your case. Call 512-228-7946 and schedule your free initial consultation with us today.


Texas nursing license defense lawyerHaving your nursing license suspended can place your very livelihood at risk, but it does not have to be forever. You can have it reinstated, once you meet certain conditions. Unfortunately, the process of reinstatement is both complex and time-consuming. Learn how an experienced nursing license defense attorney can help you through it, and how having one on your side can improve your overall chances of a favorable outcome.

Meeting the Conditions of Reinstatement

Before your nursing license can be reinstated, you must meet certain conditions – namely your ability to safely practice. That can mean providing proof of a drug diversion or treatment program after having your license suspended for an addiction, or it might mean taking additional continuing education units (CEUs) to show you have made the effort to rectify any alleged lapses or shortcomings in the care you provided to patients. Keep in mind that there may be more than one requirement and that each case is unique. Speak with an experienced attorney to determine what measures you will need to take before your nursing license can be reinstated.

Attending the Informal Conference

Nurses who have had their license suspended must also go before the Texas Board of Nursing (BON) for an informal conference hearing. Composed of peers in the nursing industry, the BON is the same authority that oversees the licensing of all nurses in the state. They are also responsible for disciplining nurses who have violated the Nursing Practice Act or otherwise compromised patient care or safety. They are also the ones who made the decision to suspend your Texas nursing license, and they will decide if it can or should be reinstated.

Sadly, far too many nurses do not recognize the gravity of their situation – even after a suspension has occurred. They wrongly assume that their peers will understand why a mistake occurred and that they will be empathetic to the challenges that you face in your everyday practice. This simply is not the case. Though the BON is comprised of nurses, their primary concern is to protect the safety of the public, and if they have questions regarding your ability to safely practice medicine, they may not reinstate your license.

How Our Texas Nursing License Defense Lawyer Can Help

Reinstating your license may be a difficult and stressful process, but Oscar San Miguel, Attorney at Law, can help. Dedicated and experienced, our Texas nursing license defense lawyer can handle all the administrative aspects of your case, and we can represent you in front of the Texas BON to improve your chances of a favorable outcome. Get the help you deserve. Call 512-228-7946 and schedule your free consultation with us today.



Austin, Texas Professional License Defense Attorney Oscar San Miguel represents clients who are located in Austin, Houston, Dallas, San Antonio, El Paso, Fort Worth, Arlington, Amarillo, Lubbock, Brownsville, Laredo, Harlingen, McAllen, Round Rock, Longview, Travis County, Harris County, Dallas County, Tarrant County, Bexar County, Fort Bend County, Montgomery County, Cameron County, Nueces County, El Paso County, Potter County, Lubbock County, Grayson County, Collin County and throughout Texas.
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