Tag Archives: nursing license suspension

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.


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 lawyerWhen the Texas Board of Nursing (BON) finds evidence of wrongdoing during an investigation, they may take disciplinary action against the nurse in question. What are these actions, and how might they affect your right to practice nursing? The following explains, and it provides details on how an experienced nursing license defense lawyer can mitigate against the disciplinary action that may be taken against you.

Emergency Disciplinary Actions

Unlike other types of disciplinary measures, those titled as emergency actions may occur before the nurse has had a chance to defend him or herself. Typically, such actions involve the temporary suspension of a nurse’s license. General guidelines indicate that the BON should have clear and convincing evidence that the nurse may place the safety of patients or the public at risk (i.e. notification of a pending criminal charge).

Nurses may not be immediately aware of the suspension, but the Board is required to provide notification once the decision has been made. If you have received a notice of an emergency action against your nursing license, or you believe that it may be a possibility because of a recent event, it is crucial that you contact an experienced attorney as soon as possible.

Other Types of Disciplinary Action

The Board of Nursing has an arsenal of actions that they can use to discipline nurses. Some are temporary. Others are permanent. Nearly all are frustrating and costly. Examples of such actions may include:

  • Administrative fines;
  • Civil penalties;
  • Public reprimand;
  • Mandatory remediation;
  • Restrictions on the nurse’s right to practice medicine;
  • Mandatory continuing education courses;
  • Mandatory drug rehabilitation;
  • Random drug testing;
  • Temporary suspension of the nurse’s license;
  • Remediation; and
  • Permanent revocation of a nurse’s license.

When Your License is at Risk

Staying out of trouble might seem like a pretty straightforward thing – follow the Code, act ethically, and conduct yourself with professionalism at all times – but there are many ways that a nurse can enter the BON’s disciplinary system. A wrongful DUI arrest may result in the emergency suspension of a nurse’s license. Even if the charges are dismissed, it may be difficult to get their license reinstated. A nurse may be reported by a vengeful ex-partner, ex-spouse, neighbor, co-worker, or another individual. There are even instances in which charting mistakes lead to investigations for drug diversion.

Because the risk is great, and the chances of being referred for disciplinary action is high, nurses are encouraged to seek experienced legal assistance as soon as they learn of a complaint or action against them. Backed by nearly 30 years of experience, Oscar San Miguel, Attorney at Law, is the name to trust. Learn more about how our Texas nursing license defense lawyer can help protect your license. Call 512-228-7946 today.



Texas nursing license defense lawyerNurses face many challenges and situations that can place their license at risk. Relationships and contact with patients, colleagues, and the general public should not be one of them. Unfortunately, it is a major concern – one that every nurse should understand. Learn more about how overstepping your professional boundaries can place your nursing license at risk, how to mitigate against the risk, and what you can do if you become the subject of an investigation by the Texas Board of Nursing.

Maintaining Professional Boundaries in the Nursing Industry

Interacting with, comforting, and encouraging patients is a nurse’s area of expertise. Unfortunately, patients can sometimes misinterpret little things like the touch of a hand, the use of a pet name, or a hug. With the patient in a position of vulnerability, the effect is often intensified, possibly to the point that it may appear as though the nurse took advantage of their position of power. Of course, this is rarely true, but an investigation may still ensue. As a result, the nurse’s character, professionalism, reputation, and license are all placed at risk.

What happens, though, when a nurse oversteps the boundaries because they feel they are making a positive choice for their life? What of the storybook romances that sometimes occur within the workplace or with a patient? Truth be told, it is a risk that is rarely worth the consequence. Even in situations where the relationship is positive for a while, the nurse will always run the danger of the relationship going south. If that happens, they could be accused of misconduct. Worse yet, if the relationship was valid, the BON may have the evidence they need to suspend, revoke, or restrict a nurse’s license.

Nurse Disciplined After Patient Relationship

In one recent case, a female nurse was ultimately disciplined after her relationship with a male patient. The two first met in the emergency room. The patient-nurse interaction time lasted 20 minutes. Then, while on lunch break, the nurse saw the patient in the parking lot. The two exchanged phone numbers, and days later, a brief romantic relationship ensued. The Texas Board of Nursing investigated her after receiving a complaint of a boundaries violation. The case was ultimately settled before just before it went to the State Office of Administrative Hearings. The nurse agreed to go through remedial education on ethics and boundaries. Had her case progressed further, it could have resulted in more serious consequences. Thankfully, she had legal counsel on her side.

Contact Our Seasoned Texas Nursing License Defense Lawyer

If you have found yourself in the position of an investigation, it is crucial that you seek experienced legal assistance. With nearly 30 years of experience in the medical-legal arena, Oscar San Miguel, Attorney at Law, is the advocate you can trust to handle your case. Our Texas nursing license defense lawyer will aggressively protect your rights and always pursues the most favorable outcome possible. Schedule your free consultation by calling 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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