Tag Archives: nursing investigations

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 nursing license defense lawyerNursing is full of opportunities and positive, career-advancing opportunities. It is also filled with potential risks that can place your license in jeopardy. Thankfully, there are some strategies that you can use to decrease your chances of an investigation from the Texas Board of Nursing (BON). Learn more about them, and discover how an experienced nursing license defense attorney can help protect your license, should you find yourself the subject of an investigation.

Mitigate Against Medication Errors

Of all the potential risks to your nursing license, those related to medication errors are the ones that you are most likely to experience. That is because they happen far more often than most practicing nurses realize, and you are at the level at which they are most likely to occur. Mitigate against them by following all medication protocols, practicing effective communication, and by ensuring you administer only what is prescribed to the correct patient at the right dose.

Stay Current on Developments in Your Field of Practice

Medicine is constantly and rapidly evolving – so much so that it can be difficult for even the most diligent of nurses to stay current on developments within their practice. Yet, by doing so, you can reduce your risk of an investigation from the Texas BON. Staying current also improves patient safety, and it can improve the quality of care that they receive from you.

Advance Your Degree and Stay Current on CEUs

While you may not be required to advance your degree, doing so can improve your critical thinking skills and problem-solving skills, while also expanding your knowledge of the practice. Nurses are also encouraged to stay up-to-date on their continuing education credits, as well as their licensing credentials for any state in which they practice.

Know When and Where to Ask for Assistance

If you have made a mistake in your practice, or if you believe that you may be at risk for an investigation, it is critical that you take immediate steps to protect your nursing license. If you are a union worker, review your rights to determine if they can help. Also, contact an experienced nursing license defense lawyer, as this not only ensures your license is skillfully protected, but it can also reduce the stress you experience while working through the investigation process.

With nearly 30 years of experience in the legal-medical arena, Oscar San Miguel, Attorney at Law, is the firm to trust. Skilled and experienced, our Texas nursing license defense lawyer can take swift and aggressive action to defend your right to practice. No matter what the circumstance, we fight for the most favorable outcome possible. Call 512-228-7946 to schedule your free and personalized consultation with our office.



Texas nursing license defense lawyerNurses often hold licensure in different states. Some have moved and simply do not want to give up their rights to practice in the other state. Others work for mobile services or at different facilities within the same company. Either way, this multiple-state licensing allows them to practice in several states, all at once. What happens, though, when that nurse is then disciplined in one state? Does it also affect their licensure in other states? Learn more, including what an experienced nursing license defense attorney can do in your Texas Board of Nursing case.

State-by-State Discipline Does Not Eliminate the Risk of Interstate Disciplinary Action

Each state is responsible for its own licensing of its nurses. They are also charged with investigating potential actions and behaviors that could endanger a nurse’s patients or the public, and for carrying out disciplinary actions when warranted. State-by-state handling of licensure does not eliminate interstate communication, however, nor does it eliminate your risk of facing disciplinary action from more than one state at a time.

Also, because nurses are supposed to report any disciplinary action they face in one state to all other states in which they are licensed, one could face additional consequences for not self-reporting. However, timing in such a situation is critical; speak to an experienced attorney before you notify any state board of an investigation or pending disciplinary action from the BON.

Disciplinary Action Can Be Seen by Potential Employers

Even when disciplinary action in one state does not spark action in another, it could affect your ability to obtain future employment in another state. Thanks to technology, employers can easily look up your licensing information to determine if any actions have been taken against you in other states. They can also see why the action was taken, and they may make snap judgments about you, based on the information they find. Thankfully, it is possible to mitigate against such issues, so long as you are proactive about your approach.

Reducing the Risk of Disciplinary Action Before It Happens

You do not have to muddle through a BON investigation alone, nor do you simply have to accept the consequences that they want to dole out. Instead, you can fight back and protect your nursing license – in Texas as well as any other states where you hold licensure – with the help of an experienced Texas nursing license defense lawyer. With nearly 30 years of experience in the medical-legal arena and a commitment to helping you achieve the most favorable outcome possible in your case, Oscar San Miguel, Attorney at Law, is the firm to trust. Call 512-228-7946 and schedule a free consultation to learn more.


Texas nursing license defense attorneyFalsifying information – whether by deception or omission – is a serious issue that may result in adverse licensing actions from the Texas Board of Nursing (BON). Sadly, many nurses are inclined to think that falsification begins and ends at lying about one’s credentials or scope of practice – and nothing could be further from the truth. Learn more about falsification in the nursing industry, discover what you may be up against if you are accused of committing this action in your practice, and discover how an experienced attorney can help protect your nursing license from suspension or revocation.

Falsification in the Nursing Industry

While the most obvious form of falsification would include lying about your nursing credentials, identity, or scope of practice, there are also other, less obvious forms of falsification in the nursing industry. Completing charts, en mass, without being certain that the information entered is valid would also be considered a form of falsification. Inaccurate entries, documenting treatments or medications that were not given, and attempting to cover up an adverse outcome are other common forms of falsification in the nursing industry.

Of course, not every nurse charts inaccurate information intentionally; some simply do so because they are understaffed, overworked, and highly fatigued. Some may accidentally enter the wrong days or times, due to working extended or double shifts. In other words, falsification does happen by accident. Sadly, the Texas BON is rarely empathetic to the situations that nurses face.

Understanding the Potential Consequences of Falsification

Depending on the circumstances, a nurse may face criminal charges for falsification. Nurses may also face disciplinary action from the Texas BON. Such actions may include the suspension or revocation of one’s nursing license, probation, mandatory continued credit units, reprimand, and censure. Thankfully, a nurse does have the right to fight the allegations that have been made against them. Furthermore, they have the right to seek legal counsel throughout the entire disciplinary and investigative process.

Contact Our Texas Nursing License Defense Lawyer

When your nursing license is on the line, it is more than just a matter of credentials. In some situations, it could be your very livelihood at risk. Get the skilled and experienced assistance you need during your investigation. Contact San Miguel, Attorney at Law, today. Backed by nearly 30 years of experience in the medical-legal arena, our Texas nursing license defense lawyer can aggressively pursue the most favorable outcome possible for your situation. Call 512-228-7946.




Texas nursing license defense attorneyDrug diversion is a process in which prescription drugs are transferred from legal distribution channels to illegal ones. Considered a serious violation by the Texas Board of Nursing, drug diversion can result in disciplinary action, including the suspension or revocation of a nurse’s license. Thankfully, nurses can (and should) challenge accusations of drug diversion. The following explains how, and it provides some important details on how an experienced nursing license defense lawyer may be able to assist with your situation.

A Closer Look at Drug Diversion in the Nursing Industry

Statistics indicate that around 10 percent of all registered nurses have a drug dependency problem. While that percentage may seem small, drug diversion is thought to cost private and public medical insurers approximately $72.5 billion each year. It is this loss, paired with the general risk that drug diversion poses to the public (nurses working while intoxicated, patients not receiving the right dosage or strength of the medication, etc.), that leaves nursing boards feeling as if they have no choice but to act aggressively in suspected drug diversion situations.

What Causes a Nurse to Be Flagged for Diversion?

The most obvious reason that a nurse would be investigated for drug diversion is to have been caught doing it. However, not all nurses who are flagged for diversion are guilty. In fact, there are many situations that may lead to a false allegation of drug diversion. For example, a nurse may become suspect if they fail to accurately chart the dosage and time of administration for medications provided to patients. Alternatively, a nurse may be suspected of drug diversion if another nurse changes or alters their charts.

Fighting an Allegation of Drug Diversion

Consequences for drug diversion can range greatly – going from required random drug testing to a complete revocation of the nurse’s license. As such, nurses are encouraged to take immediate action to protect their license, once they learn of an investigation against them. An attorney, though not required, can be useful in this process.

Able to handle all the communications between you and the BON, and prepared to take swift and aggressive action in your favor, Oscar San Miguel, Attorney at Law, is the firm to call when you need help protecting your nursing license. Dedicated and experienced, we will fight for the most favorable outcome, no matter what your situation. Schedule a free and personalized consultation with our Texas nursing license defense lawyer to get started. 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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