Tag Archives: Texas Board of Nursing

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.



Texas nursing license defense lawyerWhen nurses think of patient privacy breaches that result in disciplinary action, their minds typically turn to major mistakes, situations that involve the systemic release of patient information. However, even minor infractions can result in disciplinary action from the Texas Board of Nursing (BON). Learn more about protecting your nursing license from security-related issues, and how an experienced lawyer can help you through the process.

Examples of Minor Breaches

One does not have to look far to find an example of a minor security breach. In Florida, a nurse surrendered her nursing license after admitting that she had looked at and released private medical information on her nephew’s partner. In New Jersey, a mother sued the hospital, alleging that an employee had released information about her son’s attempted suicide; though no detailed information about the employee in question has been released, the individual undoubtedly faced an investigation from their local Board.

Types of Action a Nurse May Face

If a nurse is found to be guilty of releasing or sharing a patient’s private information, they may face a variety of disciplinary actions from the Texas Board of Nursing. The nurse’s license may be suspended, or it may be completely and permanently revoked. Others may be required to go through continuing education or remediation, or they may have limitations placed on their ability to practice medicine. Whatever disciplinary action a nurse may face after a security breach has occurred, it is likely to be both costly and stressful.

Protecting Your Nursing License

Nurses can protect their licenses from disciplinary action over security breaches in several ways. The first and most obvious method is to not disclose any private information about a patient, ever, for any reason. Second, nurses can seek experienced legal assistance once they learn of a pending investigation against them; doing so can ensure that the nurse’s rights are protected. Legal assistance during an investigation can also reduce the nurse’s risk of facing serious and potentially permanent disciplinary action (i.e. revocation, suspension, etc.).

Contact Our Seasoned Texas Nursing License Defense Lawyer

Backed by almost 30 years of experience in the medical-legal arena, Oscar San Miguel, Attorney at Law, offers comprehensive and aggressive services to nursing professionals throughout the state. Dedicated to protecting your professional and financial future, our Texas nursing license defense attorney will fight to achieve the most favorable outcome possible in your case. Learn more about how we can assist you by scheduling a free initial consultation. Call 512-228-7946.


Texas nursing license defense lawyerLearning that you are the subject of a complaint or investigation with the Texas Board of Nursing can be stressful – and not just because you must handle the complaint. Such issues may also place your livelihood at risk. Thankfully, there are ways that you can mitigate the damage. Learn more about protecting your nursing license with help from the following information.

Complaints Are Serious Matters

Perhaps one of the biggest and most common mistakes that a nurse can make during Board investigations is to underestimate the gravity of their situation. Nursing boards like the Texas BON can suspend or even revoke your nursing license. They can restrict your right to perform certain duties, and they can require you to complete sobriety testing or additional training – even if you have not done anything wrong. Above all else, understand that this is a serious matter, and it should be handled with great care.

Contact an Attorney

Of all the steps that a nurse can take to protect their license during an investigation, contacting an attorney is probably the most crucial. More specifically, hire a lawyer that has experience in administrative law and license defense – someone that understands what you are up against. Until you have one secured, do not respond to inquiries and do not send a response letter. Doing so could complicate your case and any information you provide can be used against you.

Keep the Matter to Yourself

Unless you are required to notify your insurance company or employer of a pending investigation against you, do not discuss the complaint with anyone other than your attorney. This includes Board members, investigators, witnesses, complainants, or other vested parties. Again, your attorney should be handling these matters to mitigate any possible damage.

Meet - Better Yet BEAT – the Deadlines

Inquiries and requests from the BON are time sensitive. Unfortunately, nurses are busy people, which can make it easy to overlook or forget about a deadline. Sadly, doing so can damage your credibility and could result in serious adverse actions against you. So, as difficult as it might be to ensure you handle aspects of your complaint in a timely manner, ensure you do everything in your power to not just meet the deadlines, but BEAT them.

Schedule a Free Consult with Our Texas Nursing License Defense Attorney

If you or someone you love is facing a complaint with the Texas Board of Nursing, contact Oscar San Miguel, Attorney at Law, for assistance. Backed by nearly 30 years of experience in the medical-legal arena, our Texas nursing license defense lawyer can skillfully represent you in your BON complaint or investigation. Schedule a free and personalized consultation by calling our office at 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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