Tag Archives: professional license

Texas professional license defense attorney, criminal actions, your professional licenseOftentimes, licensed practitioners mistakenly believe that they are “innocent until proven guilty” and, as a result, they fail to take action to protect their professional license. That may hold some truth in a criminal court, but it does not necessarily ring true with the Texas Medical Board, Texas Board of Nursing, or other state licensing board. The recent medical license suspension of a Texas-based orthopedist serves as proof.

License Suspended Prior to Criminal Hearing

After being arrested on a domestic disturbance charge, the physician had his license suspended by the Texas Medical Board. The reason? He was deemed a “continuing threat to the public welfare,” despite the fact that his criminal charges are pending. In effect, the Board has already labeled him as “guilty.”

Release from Criminal Charges May Not Reinstate License

Even though the Board has stated that they are awaiting the outcome of his criminal case, the truth of the matter is that this physician may not have his license reinstated, even if he is released from all criminal charges, or has the charges reduced to a lesser offense. This is because, as far as the Board is concerned, the acts of domestic violence and other criminal charges are considered an act of moral turpitude by state licensing boards. Additionally, because they do not have the criminal standard or need for proof, beyond a reasonable doubt, state licensing boards can hand out a sanction, despite the outcome of a criminal case.

Licensing Suspension and Criminal Charges

The standard sanction for a criminal offense is a 90-day suspension of medical practice. This can be extended, however, if there are aggravating factors (i.e. violent offenses, previous offenses, etc.). And, once a suspension has been ordered, it can be extremely difficult to dispute it. For this reason, it is critical that all licensed professionals take criminal charges, and their likely effects on a professional license, seriously. Do not wait until matters get out of hand. Contact a skilled attorney immediately.

Criminal Charges Putting Your Professional License at Risk? Our Attorneys Can Help

If you have recently been arrested on criminal charges and fear your professional license may be at risk, Oscar San Miguel, Attorney at Law, can help. Backed by more than 20 years of medical-legal experience, he will work ensure your rights are protected during the investigation process and fight aggressively to protect your license. Get the legal representation you need and deserve. Call 512-228-7946 and schedule your free initial consultation with a skilled Texas professional license defense attorney today.


disciplinary order, Texas professional license defense attorneyWhat happens after you are investigated by the Texas Medical Board and a disciplinary order is entered against you?

It is important for licensed physicians to understand the ramifications and how to deal with them.

Most disciplinary orders result from the informal resolution process of the Texas Medical Board, in which a physician signs an Agreed Order. However, in some cases, they come about if a physician unsuccessfully defends a the claim during a hearing by an Administrative Law Judge at the State Office of Administrative Hearings. In either case, there are reporting and compliance ramifications of which physicians should be aware.


The Board is required to report all disciplinary actions to the National Practitioner Data Bank. Disciplinary actions are also released to the public via several methods. The Board provides press releases and publishes the information in its publication, the TMB Bulletin. The information can be accessed on the Board’s website via the physician’s profiles. Moreover, the information is spread via news outlets and the Internet.


A disciplinary order will contain terms and conditions that a licensee must comply with or he or she will face additional discipline. Each time a physician is placed under an order, the Board assigns a Compliance Officer to the physician to determine whether he or she is adhering to the order’s terms. The Compliance Officer will remain in contact with the physician for the duration of the order.

If a violation involved substance abuse issues, it is most likely that the Board order will include periodic drug testing. The Board’s strict drug testing program will ensure compliance with the order. Noncompliance with the terms of the Board order will result in further discipline against the physician. Sanctions for violation of a Board order include suspension or revocation of the physician’s license—regardless of the sanctions contained in the original order.

If you are being investigated by the Texas Medical Board due to a filed complaint, having a skilled attorney at your side can positively influence the outcome of your case. The ramifications are serious and can have a significant negative impact on your practice. However, an experienced Texas professional license defense attorney can help you navigate the complaint process and will negotiate the terms of any agreed order to minimize the impact on your career. 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.

psychologist fingerprint requirementThe Texas State Board of Examiners of Psychologists (the Board) has announced that, beginning with license renewals in January 2015, it will require a fingerprint criminal history check in connection with renewals of license applicants before October 2007 but who did not go through such a check when they applied.

This requirement is one time only and will be introduced gradually beginning with January 2015 license renewals. About one-quarter of licensees who are eligible for the required check must submit a fingerprint criminal history check during calendar year 2015. The remainder will have to comply with the fingerprint criminal history check during the following three calendar years.

The Board will notify licensees that they must submit the fingerprint criminal history check before their license renewal date. Under Board rules, the Board must receive the fingerprint criminal history check by the designated renewal date. If it is not received on time, the Board will not renew the license. It is therefore critical to comply with the requirement by the renewal due date or face nonrenewal of a license to practice psychology in the State of Texas.

Fingerprint criminal history checks are currently a normal part of the licensing process, and new applicants are required to obtain a fingerprint criminal record check using the Fingerprint Applicant Service of Texas (FAST). Presumably the licensees who are required to complete the fingerprint criminal history check as part of the renewal process will be directed to use the FAST program for submitting fingerprints, although that hasn’t been specified. The Board has stated that instructions for completing the fingerprint criminal history check will be included in directions mailed to the licensees prior to their renewal dates.

If you have any concerns about submitting to a fingerprint criminal history check as part of your psychology license renewal, you need the help of an experienced Texas professional license defense attorney to protect your practice. Contact Oscar San Miguel, Attorney at Law, as soon as possible for the best outcome.

licensed vocational nurseIn Texas, licensed vocational nurses have a specific role in public healthcare. It is important for licensed vocational nurses—and those who work with and supervise them—to understand the scope of care that can legally be provided by licensed vocational nurses.

Vocational nurses can perform the following duties, as prescribed by the Texas Nursing Practice Act:

  • Assessing the health status of a patient, including data collection;
  • Taking part in the assessment of a patient’s nursing needs;
  • Taking part in developing and, if needed, modifying a patient’s nursing needs;
  • Taking part in instructing and counseling a patient on ways to maximize the patient’s good health;
  • Helping to identify a patient’s needs and evaluate the patient’s response to intervention; and
  • Any other actions permissible in accordance with the nurse’s education, experience, and competence, as well as Texas Board of Nursing (BON) rules and policies.

In Texas, licensed vocational nurses do not have the legal authority to pronounce death. Furthermore, they must initiate CPR in every case in which it is clear that a Do Not Resuscitate order is in place. Failure to do so can result in a BON investigation. The nurse may assess a patient’s condition, including the presence or absence of presumptive or conclusive signs of death. Upon receiving orders from a physician, the nurse may engage in certain actions following the patient’s death.

Licensed vocational nurses are not taught the skills needed to insert peripheral intravenous catheters or provide intravenous fluids and medications. A licensed vocational nurse may obtain additional training in the administration of IV fluids and medications in accordance with BON rules and policies. However, the BON has declared that insertion of PICC lines goes beyond the scope of permissible practice for licensed vocational nurses.

Licensed vocational nurses are trained to and may legally administer medications and treatments ordered by practitioners, such as physicians, as well as those ordered by Physician Assistants and Advanced Practice Registered Nurses. However, every licensed vocational nurse will have to determine whether the administration of medication or treatment is within the scope of his or her abilities.

If you are a licensed vocational nurse and have been notified of an investigation into whether you exceeded your authority, you need an experienced professional license defense attorney on your side. Contact Oscar San Miguel, Attorney at Law, to protect your interests and your license to practice as a licensed vocational nurse.


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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