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Texas professional license defense lawyerPhysicians often assume that only major infractions warrant disciplinary action from the Texas Medical Board. Last year’s list of reprimanded doctors tells a very different story, however. Learn what you need to know about minor infractions that may lead to an investigation and discover how you can protect your medical license, should you become the subject of one.

Minor Infractions That Led to Disciplinary Action

More than 185 physicians were disciplined last year. A total of 14 had their licenses revoked. The remaining disciplined doctors experienced consequences that ranged greatly in severity - everything from public reprimand to temporary suspension of their license. Some of the latter suffered those consequences for committing acts that - at first glance - seem rather minor. For example, one physician was disciplined for not releasing medical records in a timely manner.

An Unforgiving Environment

All too often, healthcare professionals assume that the Board will understand when a mistake is made. After all, the Board is comprised of fellow physicians. Certainly, they are empathetic to the challenges that physicians face when trying to manage a diverse and ever-changing staff while concurrently handling a full list of patients. Surely they recognize that not all mistakes are the direct fault of a physician - that sometimes errors occur because a new employee did not understand protocol, or because there was a temporary breakdown in staff communication.

Unfortunately, understanding and forgiveness can be two very different things. You see, the Board is not in place to protect you or your right to practice; they are there to protect the public, and your patients. They can be rather unforgiving when it comes to mistakes - even when those mistakes are small or minor. As such, it is critical that doctors understand how to protect their licenses in the face of a Texas Medical Board investigation.

How a Professional License Defense Attorney Can Help

While it is virtually impossible to predict the outcome of an investigation without first examining the details, doctors who employ the assistance of a professional license defense attorney early on tend to have more favorable outcomes. This is largely due to the protection and improved navigation of TMB investigations that is offered. Yet, even in situations that may lead to disciplinary actions, mitigation to reduce the impact of a consequence may be possible.

If you are under investigation from the TMB, contact Oscar San Miguel, Attorney at Law, today. Backed by more than 20 years of experience in the medical-legal arena, our Texas medical license defense lawyer can protect you and your license, right from the start. Learn more by scheduling a consultation. Call 512-228-7946 today.

Source:

http://news4sanantonio.com/news/local/texas-medical-board-disciplines-45-physicians

 

Texas professional license defense attorneyIt is a moment that no physician wants to even think about: receiving a letter of investigation in the mail. The only thing worse is when you are certain that the allegations being made against you are unfounded. This is because, when you know you are innocent, you may be at a higher risk for making a mistake – costly ones that could put your license at risk. Avoid this danger by knowing the most commonly made medical board investigation mistakes.

Failing to Appropriately Respond to Your Initial Letter

Letters of an investigation are a serious matter, and they should always be handled with great care. Remember: this is your livelihood at stake. Treat letters of investigation like you would any other aspect of your career – with professionalism, diligence, and assertive action. There is also a deadline that must be adhered to, so be sure to send in your response letter in a timely manner.

Sending Too Much or Too Little Documentation

Often, the Texas Medical Board will request documentation from you during the investigation process. Be careful here. Sending too little documentation can make the process drag on. Sending too much information could put you at risk, and haphazard documents can raise red flags. Consult your attorney to ensure you send just what you need, and that you are able to effectively manage or mitigate any issues that may be found within your documents.

Losing Your Temper

Investigations from the Board are frustrating, exhausting, and downright inconvenient. When you pair that with the fear of negative licensing action, almost any physician may find themselves teetering on the edge. If you find yourself in this place during the investigation process, know that it is understandable and justifiable, but that it is also critical for you to maintain your composure. You do not want to be evasive, but you still have to be mindful of what you say. Avoid speaking out of anger, fear, anxiousness, or even confusion. This could give the impression that you are arrogant, dishonest, or incompetent. It can also compromise your investigation and may even place your license at risk.

Trying to Represent Yourself

Board investigations are the first step to disciplinary action. Even the slightest glitch could cause things to escalate. So, even if you are certain that you have not done anything wrong, it is critical that you avoid representing yourself. In fact, you should hire an attorney the moment that you receive notification of the investigation. This can help ensure you and your license are skillfully protected, right from the very start.

With more than 20 years of experience in the medical-legal arena, the experienced Texas professional license defense attorney at Oscar San Miguel, Attorney at Law, can effectively represent you during your medical board investigation. Dedicated to helping you achieve the most favorable outcome for your situation, we take assertive action to protect your license. Schedule your consultation by calling 512-228-7946 today. 

Source: 

http://www.medscape.com/viewarticle/821629

 

physician assistant license, Texas professional license defense lawyerPhysician assistants have a fairly broad scope to work within, as long as an overseeing physician is supervising them. But overstepping that scope can lead to serious consequences, including the suspension and revocation of your license. Learn how your scope of practice and licensing status are connected, and what you should do to protect your physician assistant license if you become the subject of an investigation by the Texas Medical Board. 

Physician Assistant Scope of Practice

As outlined in the Texas Administrative Code, physician assistants are permitted to provide medical care and assistance that falls within the boundaries of their training, education, and experience, as long as a physician oversees that care. These practices of care may include:

  • Diagnostic or therapeutic procedures (ordering and/or performing);
  • Developing and implementing a treatment plan for patients;
  • Surgery assistance;
  • Formulating a diagnosis for patients;
  • Obtaining patient histories;
  • Performing physical examinations;
  • Referring patients to appropriate care providers;
  • Prescribing or ordering medications (as permitted under the Medical Practice Act, Chapter 157);
  • Signing for, requesting, or receiving pharmaceutical sample medications;
  • Distributing sample medications to patients (as permitted under the Medical Practice Act, Chapter 157); and
  • Monitoring patients to determine the effectiveness of therapeutic interventions.

Consequences of Working Outside Your Scope of Practice 

While you do have a fair amount of scope in your practice, a physician must oversee the work you do. If you are within the first three years of practice, you must also have a monthly face-to-face meeting with your delegating physician to maintain prescriptive authority. Failure to comply with either requirement or performing a task that you has not been educated or trained to perform can have serious consequences. You could face an investigation from the Texas Medical Board. If evidence of an infraction is found, you could face temporary suspension or revocation of your license. Alternatively, you could become subject to other forms of disciplinary action, such as probation or public reprimand.

If you have recently become the subject of an investigation by the Texas Medical Board, it is critical that you take action now to protect the status of your license. Oscar San Miguel, Attorney at Law, has more than 20 years of experience in the medical legal arena. Skilled and aggressive, our Texas physician assistant license defense lawyer can help defend your license and assist you through the investigation process. Contact us at 512-228-7946 to schedule your confidential consultation today.

Sources:

https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=T&app=9&p_dir=P&p_rloc=167505&p_tloc=&p_ploc=1&pg=45&p_tac=&ti=22&pt=9&ch=185&rl=10

http://www.tmb.state.tx.us/page/prescriptive-delegation

texas nursing license review, professional license lawyerLearning that you are the subject of an investigation from the Texas nursing board can be a frightening experience, but knowing what to expect, and how to best approach the situation can help to ease your stress and worry. The following information can provide you with the knowledge and power you need to navigate an investigation effectively and help you better understand the investigation process. In turn, this can help you to protect your nursing license

The Investigation Process

Generally, nurses are given notice that they have received a complaint, but if the Texas Board of Nursing (BON) determines that such notification would jeopardize the investigation, you may not know that an investigation is taking place until it has actually begun. Either way, it is critical that you contact a skilled nursing license defense attorney the moment you realize that you are under investigation. This ensures that contact with the Board is handled by a legal professional that is skilled in the legal process, and it increases your chances at a favorable outcome in your case.  

The Texas Board of Nursing, who handles the complaint investigation process, will give you time to provide an initial response to the allegations against you. Your attorney can help you craft a professional response and ensure you meet the deadline. In the following days or weeks, a request for more information will be made. Again, your attorney can help you in submitting this information while ensuring, at every turn, that your best interest is protected. Furthermore, your attorney will handle calls from the Board and attempt to head off possible drop-in visits at your place of employment. In short, your attorney will protect you in every way possible, minimizing the intrusion in your day-to-day life, and the stress that can ultimately result.

When Investigation Processes Are Taken Further

If the Board finds enough information and evidence to take further action against you, an Order of the Board will be made, and you may be referred for an Informal Settlement Process. Depending on the outcome, your license could be suspended or revoked. Alternatively, you may receive a warning, reprimand, or probation. If you have received notification of this process and have not contacted an attorney by this time, then it is absolutely imperative that you do so now, and without any further hesitation. It may be possible to gather evidence that shows you did not violate the Nursing Practicing Act, but even in circumstances where this is not possible, an attorney can still ensure that your rights are protected, work to mitigate any potential consequences.

Oscar San Miguel, Attorney at Law, has more than 20 years of medical-legal experience. Knowledgeable and highly skilled in the investigation and disciplinary process of the Texas Board of Nursing, he can protect your rights, and your best interest, every step of the way. Prepared to take swift, aggressive, and immediate action on your behalf, he offers comprehensive services to nurses throughout Texas. Call 512-228-7946 and schedule your free initial consultation with an experienced Texas nursing license defense lawyer today.

Source:

https://www.bon.texas.gov/discipline_and_complaints_what_happens_when_a_complaint_gets_filed.asp

nursing license, Texas professional license defense attorneyYears of hard work and dedication may have helped you earn your nursing license, but the work itself is far from over. Now, as you treat patients and go on about your day-to-day work, you need to know how to protect your nursing license from suspension or revocation. This task, which goes well beyond simple prudence in your practice, requires that you know when your license could be at risk, and what you should do about it. Furthermore, it requires that you understand the role and value of a skilled legal professional when facing disciplinary measures and licensing issues. 

Criminal Charges and Your Nursing License

Charges for any criminal act – an arrest for suspected drunk driving or substance abuse, an assault and battery charge, shoplifting, sexual assault, or any other misdemeanor or felony offenses – can place your license at risk. This is true, even if you are excused from those charges or were wrongfully arrested. At the very least, your license will be suspended for a minimum term. In the worst of circumstances, it could be completely revoked, and you may be prohibited from ever practicing nursing again.

Complaints and Your Nursing License

There are a number of reasons that a nurse may become subject to a complaint with the board of nursing in Texas. A bereaved family member could be looking for someone to blame. A mistake was made during a physically and emotionally exhausting shift. There is suspicion of drug or alcohol abuse while on the job or a positive random drug test on the job. There has been charting failures or oversights. The list really is rather endless, but every possibility puts your nursing license at risk. An investigation, conducted by the nursing board, is the first step in that potential consequence.

Texas Board of Nursing Investigations and Your Nursing License

Regardless of why the investigation has started – be it due to a criminal matter or a professional one – know that notice of one should be taken seriously. It is through this process that the Texas Board of Nursing will determine if an infraction has occurred, and what disciplinary actions may be taken against you. Even the smallest amount of information could be misconstrued as evidence. In fact, even an honest and clear explanation from you could be perceived as guilt. Take action to protect your license and contact an experienced professional license defense attorney immediately.

With more than 20 years of medical-legal experience, Oscar San Miguel, Attorney at Law, can help protect your rights and your nursing license. Known for offering honesty, clarity, and support in a time that can be exceedingly stressful, he is highly skilled and knowledgeable in the complexities of licensing laws. A seasoned Texas nursing license defense attorney, he offers assertive and aggressive services to licensed nurses throughout the state of Texas. Schedule your free initial consultation and learn how he can help with your case, call 512-228-7946 today. 

Source:

https://www.ncsbn.org/Nursing_Licensure.pdf

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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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