Tag Archives: advanced practice nurses

Texas nursing license defense lawyerDrug diversion among nurses is a serious and common issue, and it can result in severe consequences. Unfortunately, not all nurses and nurse practitioners who are reprimanded for drug diversion are guilty. In fact, it is possible that you may have done something that could lead to an investigation for drug diversion. Surprised? Skeptical? Most nurses are until they find themselves under intense scrutiny. Learn more about the behaviors that may result in a drug diversion investigation, and what you can do about it, with help from the following information.

Charting Issues and Drug Diversion

Charting can be an annoying, seemingly ceaseless task. It is also necessary to ensure proper patient care. It documents which prescriptions that were given, and when, which can decrease the odds of a medication error. What happens, though, when the shift is hectic and out of control, short on staff, accidentally forget to chart a medication, or are so tired that you write down more or less than you administered? Perhaps nothing, or perhaps an error that can adversely affect your patient. Alternatively, you could be accused of drug diversion.

Not charting a medication – especially a narcotic or other controlled substance – can make it look as though you pocketed the drug instead of giving it to the patient. Alternatively, if you mistakenly write down that you gave the patient more than you did, or less, it could make it look as though you are attempting to alter records for the purposes of diversion. Worst of all, you may not be able to prove that you did not, in fact, attempt to divert drugs.

Suspected Diversion and the BON

Suspicion of drug diversion can be reported by almost anyone – a fellow nurse, your charge nurse, an administrator, a patient, even your next-door neighbor or ex-spouse. When there are charting discrepancies on top of this accusation, a full investigation into your practice may ensue. By this time, it no longer matters if you are guilty of drug diversion or not; the Texas Board of Nursing (BON) has access to your information, your charts, and they can request that you submit to a drug test. Refusal to do so, issues within your charts, and much more can lead to consequences, including suspension or revocation of your license.

Further, the issue does not have to relate to drug diversion; once the BON finds a reason to reprimand you, they can move forward with the disciplinary process. In such situations, it is crucial that nurses know how to protect their licenses. The first step is to contact an attorney.

Our Texas Nursing License Defense Lawyers

If you have found yourself the subject of a drug diversion investigation, contact Oscar San Miguel, Attorney at Law. Dedicated to your best interest, our Texas nursing license defense lawyer will fight to protect your rights and your license. In every situation, we pursue the most favorable outcome possible. Schedule your consultation by calling 512-228-7946 today.


Texas nursing license defense attorneyEvery day, nurses save and enrich the lives of their patients. That makes them heroes. However, nurses are not perfect; they make mistakes, just like everyone else. Unfortunately, those mistakes can sometimes result in serious or adverse consequences for the patient. Additionally, some errors could result in an investigation by the Texas Board of Nursing.

Now, when you know you have made a mistake, and you realize that the Board has the power to suspend or revoke your license, you might be tempted to simply surrender it. You already “know” you are going to lose your license anyway, right? So why not save yourself some stress, hassle, and embarrassment, right?


The last thing you should do is surrender your license. First, it is impossible to know what the outcome of your case will be. Second, there may be ways to mitigate the mistake, even if you know you have made one. Lastly, it is far easier to defend your license before suspension than it is to try and reinstate it once it has been revoked. If you are facing an investigation and know you made a mistake, the following can help guide you through the next steps.

Do Not Divulge Any Information to the Investigator

Often, nurses are notified of the investigation by mail. However, there are situations in which you might be approached by an investigator, either over the phone or in person, prior to receiving any form of notification. It is important that you avoid divulging any information. Instead, refer the investigator to your attorney. If you do not have one, let the investigator know that your attorney will “be in touch,” and then find one to handle your case as soon as possible; investigations can escalate quickly, so representation early on can be crucial.

Do Not Surrender Your License

After a mistake, guilt and remorse can take over. While these feelings are normal and perfectly understandable, you must avoid letting it guide your actions or decisions in the journey ahead. Under no circumstance should you ever simply surrender your nursing license. You worked hard to obtain it. You have poured years of your life into studying and working to pursue your dream. Do not give it up over a mistake! You might not be able to take back what you did, but you can vow to do better in the future.

Get Help from an Aggressive Advocate

Of all that you can do during an investigation, the most crucial is to ensure you have an aggressive advocate in your corner. Able to protect your rights and assist you in navigating the stressful investigative process, Oscar San Miguel, Attorney at Law, is an ally you can trust to protect your best interest. Schedule your free consultation with our Texas nursing license defense lawyer and get the experienced representation you deserve. Call 512-228-7946 today.


Texas nursing license defense lawyerAs a nurse, you are held to a higher standard than most people. Because of this, all that you say or do - either personally or professionally - can be scrutinized by the Texas Board of Nursing (BON). Yet most cases referred to the Board are not solely based on moral turpitude. Instead, it is often used as yet another arrow against nurses who have acted in ways that compromised patient or public safety. Learn more about how this almost obscure term may affect your nursing licensing investigation case, and how you may be able to mitigate its impact.

Determined Case-by-Case

Again, because most cases are not referred solely for moral turpitude (there are exceptions, of course), the term and allegations are often likely to surface at some point during your Board investigation or hearing. Yet, even in this situation, the allegation of moral turpitude might seem like a completely separate accusation.

For example, a nurse may find themselves accused of moral turpitude for negligently sharing a photograph of a patient on their social media account, even if it was not done with malicious intent. Yet he or she may have been originally investigated for breach of confidentiality. Nurses may also face accusations of moral turpitude when they are involved in a criminal case. (It is important to note that a criminal charge acquittal does not always result in a dismissal of a BON case.)

Your Fate is Not Sealed

While it can be devastating to learn that you are being accused of moral turpitude, your fate is not automatically sealed just because you have been referred to the Board. In fact, you have the right to fight against the allegations being made. You also have the right to quality legal representation throughout the investigation and any following actions taken by the Board. This can increase your chances of a favorable outcome and may help to mitigate any potential consequences you could face.

Contact Our Experienced Texas License Defense Lawyer

If you are facing an investigation for the Texas Board of Nursing or allegations of moral turpitude, Oscar San Miguel, Attorney at Law, can help. Dedicated to your best interests, our Texas nursing license defense lawyer has more than 20 years of knowledge and experience in the medical-legal arena. We will fight to protect your license, and your rights. Schedule a personalized and confidential consultation with us to learn more. Call 512-949-5061 today.


Texas nursing license defense attorneyOpioid and the abuse of other prescription drugs are at an all-time high in the United States. Pill mills are one of the major sources of these drugs. As a result, federal agencies, state agencies, and even licensing agencies have started cracking down on the prescribing of pain medications. In fact, facilities that work with the chronically ill are facing intense scrutiny, as are advanced practice registered nurses since they work under prescriptive delegation. This extra attention, though not generally warranted, places the licensing status of nurses at risk. Learn more about the investigation process, and how to protect your nursing license, with help from the following information.  

Investigations Can Be More Like Fishing Expeditions

Investigations for matters relating to prescriptive authority or the “excessive” writing of pain prescriptions may be closed if the Texas Board of Nursing lacks evidence. Alternatively, the investigation could go another way. Something you say could be misinterpreted as evidence in a prescription abuse case. Or the investigation could turn into a fishing expedition. The investigator might start looking for any sort of infraction. They could even use what seems like an innocent conversation to gather evidence against you for a matter completely unrelated to their initial query. This is why it is so critical that you understand the investigative process, its risk to your nursing license, and how to protect it.

Protecting Your Nursing License

First and foremost, you must understand that the Board of Nursing is not an ally. They are not interested in preserving your practice or providing you with leniency. They are in place to protect the public, and they can be almost manipulative in their investigation tactics. Moreover, they are unlikely to inform you of your rights - particularly your right to consult an attorney before ever speaking with them.. In fact, some may even attempt to use their authority or an air of urgency to coerce you into speaking with them before you have had the chance to obtain legal counsel. Do not let them do this to you! Know your rights.

Even if you do not presently have an attorney, you have the right to politely inform the investigator that your attorney will be in touch. Then you should contact one immediately, before they have the chance to try and contact you again. All contact will then be fielded by your attorney to ensure you do not provide any information that has not been requested. Further, an attorney may be able to help mitigate any mistakes that may have spurred the investigation.

Contact Our Texas Nursing License Defense Lawyer

If you have been contacted by the Texas Board of Nursing, contact Oscar San Miguel, Attorney at Law, today. Backed by more than 20 years of medical-legal experience, our Texas nursing license defense lawyer can effectively represent you in your case. Skilled and dedicated, we will fight to protect your license and best interest. Call 512-228-7946 for a consultation.


Texas nursing license defense attorneyAfter years of school, studying, and sacrifice, the suspension of your nursing license can feel akin to a death sentence. All that you have worked for, all that you have done, seems like wasted effort. Thankfully, a suspension is not always the end of a nursing career. It is possible to come back from certain situations. The journey will not be easy, but with some sound advice and an experienced advocate, you may win the fight to restore the status of your license.

Never Just Walk Away from Your License

One of the biggest mistakes that you can make after a license suspension is simply walking away without even trying. No matter what you might be up against, no matter how bleak the situation might appear, it is worth at least trying to see if there may be something that can be done to restore your license. After all, you have already worked so hard – do not give up now! Fight back and give it all you have got!

Never Fight the Board of Nursing Alone

While those that have highly complex situations might immediately recognize the value of an experienced lawyer, those that consider their situation “easy” may mistakenly assume they can handle it on their own. Make no mistake: medical laws and regulations are not easy to navigate, and a misstep can end up making things worse instead of better. Rather than try to go it alone, find an experienced advocate who knows and understands the complexities of medical licensing laws.

Where to Turn for Legal Assistance

Each area of the law shares certain similarities, but there are also some key differences. For example, criminal law considers a defendant innocent until they are proven guilty. This is not necessarily the case in medical law. In fact, licensing investigations can seem almost antagonistic in nature – as if the investigator wants to trip you up and see you fail. They also do not have to inform you of your rights, whereas criminal defendants must be read their rights upon arrest. So, rather than search for an attorney who does not understand the nuances of medical law, search for someone who is knowledgeable in this particular area of the law.

Contact Our Texas Nursing License Defense Lawyer

If your license has been suspended, contact Oscar San Miguel, Attorney at Law. Backed by more than 25 years of experience in the medical-legal arena, we can help you fight back against your nursing license suspension. We will defend your rights, protect your best interests, and pursue the most favorable outcome possible for your situation. Schedule a consultation with our Texas nursing license defense lawyer to learn more. Call 512-228-7946 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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