Blog

Tag Archives: Oscar San Miguel

Texas professional license defense attorney, disciplinary action, Texas Board of PharmacyResponsible for the licensing status of pharmacists and pharmacies, the Texas Board of Pharmacy has the power to take disciplinary action against licensees for violations of the Texas Pharmacy Act and the Texas Drug Laws. These actions can include (but are not limited to) license revocation, temporary suspension, or denial or renewal. If you are facing possible disciplinary action from the Board, understand the process, and the rights that are afforded to you, by law.

Understanding the Disciplinary Process

Once a complaint has been filed against a licensed pharmacy or pharmacist, the Board will investigate the matter to determine whether or not a violation has occurred. In cases where there is not enough evidence to support or confirm a violation, the licensee will generally receive a written warning, and the complaint will be closed by the Board. If, however, the investigator determines that there is enough evidence to support a violation, an informal settlement conference will be scheduled.

During the informal settlement conference, the licensee is given a chance to show compliance with the law by submitting any and all evidence to a panel of their peers. The panel then reviews the information and will propose a settlement for the case, which may include dismissal of the matter, formal warning, public reprimand, or the imposition of a sanction (license suspension, revocation, denial, etc.).

If the licensee agrees with the proposed settlement, an Agreed Board Order (ABO) will be presented to the Board Members during their next meeting. At that time, the Board will then determine whether or not to enter the order, as agreed. If they, or the licensee reject the settlement, the matter will then be referred for a public hearing with an Administrative Law Judge. After reviewing all the evidence, the Judge makes a recommendation for disciplinary action to the Board. Board Members will then make a final determination regarding the matter.

Understanding Your Legal Rights

Your right to a fair hearing, and due process right, are protected by law. Therefore, Therefore, it is highly encouraged that you also exercise your right to legal representation. However, do not wait until matters get out of hand. Instead, contact an experienced Texas professional license defense attorney as soon as you receive notification of a complaint. Call 512-228-7946 and schedule your free initial consultation with Oscar San Miguel, Attorney at Law, today.

Source:

http://www.pharmacy.texas.gov/consumer/complaint.asp

Texas professional license defense attorney, dental license revocationAfter graduating from dental school, the last thing you want to have to worry about is losing your license, or being denied renewal. Yet there are mistakes that dentists make—some of which are absent of neglect and made without knowledge or intent—that can, in fact, cost them their licenses. Therefore, it is critical that you know and understand these risks, and how you can best avoid them, so that you can effectively protect the status of your dental license.

False, Misleading, or Deceptive Advertising

For the most part, use of false, misleading, or deceptive advertising is exactly what it sounds like: using statements that misrepresent, falsify, or omit necessary facts. However, this common mistake is also a little more complicated. If, for example, you use advertising that cannot be readily verified, you could place your license at risk. This can include:

  • Comparing your services to peer without substantial, factually supported evidence;
  • Use of a testimonial;
  • Language that can create confusion or misunderstanding about your credentials, education, or licensing status;
  • Claiming that insurance can be accepted as full payment when co-pays and deductibles may be required;
  • Claiming that co-pays and deductibles can be waived;
  • Using a professional name or title reserved for another field of profession; and
  • Using superfluous or misleading language (i.e. “best,” “safe,” “cure,” etc.) or advertising results that may not be achievable for all patients.

Overcharging for Services or Over-Treating Your Patients

As outlined in the Health and Safety Code, Section 311.0025, dentists may not bill a patient or his or her insurance for a treatment that was not provided or could be considered clinically unnecessary. This includes any treatment that is improper or unreasonable in regards to the patient’s needs or condition. Violation of this code can lead to a complaint with the Texas State Board of Dental Examiners (TSBDE) and possible revocation, denial, or suspension of one's license to practice.

Denied Renewal of Your Dental License or Facing Possible Revocation?

If you have recently been notified of a complaint against you or have been denied renewal of your license to practice, it is critical that you seek the assistance of an experienced Texas professional license defense attorney. Oscar San Miguel, Attorney at Law, has more than 20 years of knowledge and practice in the medical-legal arena and is dedicated to helping you achieve the most favorable outcome for your unique situation. Schedule your free initial consultation by calling our offices at 512-949-5061 today.

Source: 

http://www.tsbde.texas.gov/documents/laws-rules/2014%20DPA.pdf

radiology-technicians, Texas professional license defense attorney, Texas Medical BoardSenate Bill 202, which went into effect on January 4, 2016, transferred the licensing of medical physicists, respiratory care practitioners, medical radiologic technologists, and perfusionists to the Texas Medical Board (TMB). This transition imposes new regulations and requirements for professionals within these fields. As such, it is important to understand how these changes will affect your license both now and in the future.

During the Transition

In the current transition period, there will be two groups of licensed professionals within these fields: those that must upgrade their current license or permit and those that have a license or permit that must be completely renewed. If you fall into the latter group and your license or permit was set to expire in December, January, or February, the Texas Medical Board is giving you until February 28, 2016 to complete all the registration requirements. All others are not being given a definitive date to complete the process at this time. However, professionals would highly benefit from completing the process sooner rather than later.

New Licensing Requirements

Just as all other TMB licensed professionals must do, all newly covered individuals must complete the application process by using the online licensing section of the Texas Medical Board’s website. This includes the completion of a criminal history background check through the Department of Public Safety and the Federal Bureau of Investigation, and a fingerprint background check that must be completed prior to the initial TMB license registration or renewal (results from another agency will not be accepted). The entire process generally takes four to six weeks to complete.

Major Changes to Your Licensing Requirements

Licensing through TMB will be different than licensing and permits through DSHS. For example, once your first registration with the TMB is complete, your license will expire at a set time of the year instead of your date of birth. For those who have recently been issued or renewed through DSHS, this may provide approximately two years’ time before the transition is fully completed. Also note that some existing licenses and permit numbers will need to be changed to reflect TMB’s requirements.

TMB Complaints and Investigations

All complaints against your license will be registered with and investigated the Texas Medical Board. Take the time to familiarize yourself with the process ahead of time and know how to best protect yourself from any adverse consequences. For additional questions about your new licensing requirements and how it may affect your profession, contact an experienced Texas professional license defense attorney. Call Oscar San Miguel, Attorney at Law, at 512-228-7946 today.

Source:

http://www.tmb.state.tx.us/page/Renewal-Full-MRT

Texas professional license defense attorney, workplace fatigueWorkplace fatigue—fueled by long work hours, heavy patient loads, fluctuating 24/7 shifts, a constantly evolving field, and the pressure of making snap-second life or death decisions—is not a new issue for nurses. It is a point of interest, however, when examining the risk of subpar patient care may lead to issues with the Texas Board of Nursing. As such, nurses need to know how to effectively combat fatigue and burnout within their lives, and their jobs.

Signs and Symptoms of Burnout and Workplace Fatigue

Burnout and workplace fatigue can manifest in a number of ways—poor temperament in or outside of the workplace, frequent illness, coming into work late or calling in frequently, a focus on completing tasks instead of the patient as a whole person, a lack of empathy, or even depression and/or anxiety. Sleep disturbances or deprivation, nervous eating or not eating often enough, elevated stress hormones and weight gain or loss are other potential symptoms that may only further perpetuate a feeling of malaise in the workplace or even life in general.

The Effect of Burnout and Workplace Fatigue on Your License

When you are ill or overly tired, have difficulty concentrating, or have a head that is fuzzy because of sleep deprivation, illness, or mental health problems, your ability to focus on patients diminishes. As a result, you are at an elevated risk for making poor decisions and mistakes, or missing important details. This can directly affect the health and outcome for your patients. In fact, a handful of studies have directly examined the effects of nursing burnout and fatigue on patient outcomes.

In a JAMA published study, study authors determined that burnout and fatigue resulted in a 7 percent increase of patient mortality per nurse and another 7 percent increase in failure to rescue per nurse. Another, published in a journal from the American Public Health Association’s, found that patient satisfaction was higher in hospitals where nursing fatigue and burnout were less prominent.  

Preventing Burnout and Workplace Fatigue

While much of what needs to be done to prevent workplace fatigue and burnout among nurses should start at the administrative level, there are steps that nurses can take on their own to reduce their stress levels. Self-care—even when it seems impossible—is crucial. And, most of the time, it involves following the very same recommendations given to patients: eat healthy, well-balanced meals, get enough sleep, engage in an activity or hobby that is relaxing, spend down-time with friends and family that is devoid of any work-related topics, and know when to say "no" to extra shifts. Or, talk to your immediate supervisor about needing a little extra time off.

Facing an Investigation? Get Skilled and Professional Representation

Patient dissatisfaction, patient mortality, critical mistakes, poor judgement, and just generally not meeting the accepted standard of care are all grounds for investigation from the Texas Board of Nursing. And, unfortunately, even though the Board may understand your position and the challenges you face, they are still in the business of ensuring public safety. Therefore, even if workplace fatigue or burnout were the reasons behind a poor decision, you could still be at risk for losing your license.

With more than two decades of medical-legal experience, Oscar San Miguel, Attorney at Law, understands the challenges you face each day, and how to best assist you in handling an investigation from the BON. Take action now, ensure your rights and best interest are protected, and reduce extra stress of handling the Board alone. Call 512-949-5061 and schedule a consultation with a skilled and experienced Texas professional license defense attorney today.

Sources:

http://minoritynurse.com/avoiding-workplace-fatigue/

http://www.ncbi.nlm.nih.gov/pubmed/12387650

http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2904602/

Texas professional license defense attorney, nursing standard of care breachesWhen treating or overseeing the treatment of patients, all licensed nurses are required to follow a set of rules and regulations. Otherwise known as the Nursing Standard of Care, these guidelines are developed by the Texas Board of Nursing (BON). This very same agency oversees investigations and orders disciplinary actions when a standard of care breach occurs or is suspected. If you are facing an investigation, know your risks and if or when action should be taken.

Nursing Standard of Care

Actions that a nurse should take in treating patients—and actions they should avoid—are all outlined in the nursing standard of care. The nurses standard of care covers important patient matters, including privacy, safety, and consent. Breaches typically violate one or more of these standards in some form. Examples may include:

  • Negligence that contributes to a serious injury or the death of a patient;
  • Abuse, fraud, exploitation, or a violation of a patient’s personal boundaries;
  • Inaction when a patient’s life is in danger;
  • Failure to clarify treatment regimen that the nurse believes may be inaccurate, life-threatening, ineffective, or contraindicated in the patient;
  • Conduct that leads a patient, fellow nurse, or managing staff to believe the nurse’s practice is impaired by drug or alcohol abuse;
  • Actions that indicate a lack of knowledge, judgement, skill, or diligence in treatment;
  • Disclosing a patient’s confidential information to an unauthorized party;
  • Performing a test, procedure, or task for which the nurse is not licensed or authorized to complete; and
  • Disparities in treatment (or failure to follow a patient’s wishes regarding treatment) based on race, age, disability, economic status, gender, sexual orientation, race, religion, national origin, or health complications.

Board of Nursing Investigations and Disciplinary Action

If a nurse receives a complaint or allegation regarding a breach in the standard of care, the BON may launch an investigation. How far that investigation goes and whether or not any disciplinary actions occur will depend on a variety of factors, including the allegations made, the severity of patient outcome, the level of suspicion or amount of evidence, and the nurse’s former investigatory history.

In a perfect world, disciplinary action would only be taken against nurses that have, in fact, done something wrong. Unfortunately, this is not always the case. Many nurses are investigated for incidents beyond their control—situations that went wrong despite everyone’s best effort. Some even have their licenses suspended or lose them completely because they make the wrong decisions during the investigation phase. Do not let this happen to you; protect your license with the help of a skilled professional license defense attorney.

With more than two decades of experience in the medical-legal arena, Oscar San Miguel, Attorney at Law, understands the complexities of nursing standard of care cases. Dedicated to providing you with the quality representation you need and deserve, he can ensure your rights are protected throughout the entire process. Call 512-228-7946 and schedule your free initial consultation with a Texas professional license defense attorney today.

Source:

http://www.bon.texas.gov/rr_current/217-11.asp

Archives

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.
© 2019 Oscar San Miguel, Attorney at Law
505 West 12th Street, Austin, TX 78701 | 512-228-7946
OVC, INC.