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Texas nursing applicationIf you are a nursing student or are considering nursing school, but have a criminal record, diagnosis of mental illness, or chemical dependency, your ability to obtain a nursing license from the Texas Board of Nursing might be in jeopardy. What is the best course of action, and will hiring an attorney help?

In many cases, an experienced professional license defense attorney can give advice as to whether the Board of Nursing is likely to issue a nursing license. In many cases, the license will be issued with restrictions. For example, undergoing drug screenings, attending recovery program meetings, being supervised, and receiving a provisional license for a specified term, are some of the restrictions that may be imposed. An attorney can help to negotiate the terms of any restrictions that are not unduly restrictive. The Board of Nursing may try to impose terms that the nurse finds unpalatable, but having an experienced attorney at your side could lead to better results for your career.

The Texas Nursing Practice Act contains a list of the serious criminal offenses that will cause refusal to issue a license. Minor offenses, such as those that are not felonies, should not cause refusal to issue a license. Rather, a probationary license that carries with it specified practice restrictions is the more likely outcome. In that case, an experienced attorney can help minimize the severity and/or duration of the restrictions.

In the case of a prospective nurse who is attending or considering nursing school, a Petition for Declaratory Order of Eligibility for Licensure may be filed in advance of applying for a license. This procedure allows the Board of Nursing to assess an individual’s eligibility for a license based on information provided by the individual as to their history and current fitness to practice. Since a decision proposing to find the individual ineligible for licensure can result in an administrative hearing or even an appeal, it is advisable for an experienced attorney to be involved at the beginning of the petition process.

When your professional career is on the line, do not hesitate to contact an experienced Texas professional license defense attorney for advice and assistance in navigating the declaratory order process. Contact Oscar San Miguel, Attorney at Law, for a consultation today.

criminal conviction license renewalIn keeping with the professional nature of the roles, health professionals are subject to strict licensing requirements in the state of Texas. The initial and renewal applications contain questions that are outlined by state law and the rules and regulations of the state boards governing their practices. A common question asked by those applying for licensure and renewal is whether to disclose a criminal conviction on the application or renewal application. Some roles this affect when reviewing licenses or applying for the first time include physicians, nurses, dentists, psychologists, and pharmacists.

If you have a criminal conviction, you should obtain the court records so you have all of the necessary information at hand. You should then contact an attorney who is experienced in handling professional license defense matters for guidance on exactly what to disclose and how to do so without jeopardizing your ability to obtain and maintain your license to practice. Answering a question wrong or incompletely can have a serious impact on your hard-earned license and reputation.

In many cases, the way the question is answered can make all the difference between a disciplinary action that jeopardizes your license and one that has some ramifications that are limited and not unduly onerous. Furthermore, some licensing boards will not take action on the underlying criminal conviction if it is not a serious offense, but will take action on the failure to disclose it as required. Having an experienced professional license defense attorney to guide you through the disclosure process.

The state licensing boards have different rules and procedures for handling applicants and licensees with criminal convictions. For example, the Texas Board of Nursing has a corrective action proceeding that may apply to your particular situation. The corrective action proceeding results in a non-disciplinary action with limited penalties.

If you have a criminal conviction and have concerns about how it will impact your ability to get or maintain a professional license, you should contact an experienced Texas professional license defense attorney for assistance. Contact Oscar San Miguel, Attorney at Law, for the help you need to protect your license and livelihood.

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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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