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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.

Source:

http://minoritynurse.com/licensing-board-complaints-and-investigations-what-every-nurse-should-know/

Texas nursing license defense lawyerNurses lead some of the busiest and most hectic lives; they are often on call, work strange or long hours, and spend the majority of their time caring for others. Unfortunately, all that busyness may cause them to forget the very thing that allows them to practice medicine. What can a nurse expect if he or she fails to renew their Texas nursing license? Further, what can they do if they experience complications along the way? The following explains.

Understanding the Licensing Requirement

All nurses are required to obtain and maintain their nursing license if they wish to practice medicine. This requirement is in place for several reasons, but the primary objective is to preserve public safety. For example, a nurse who has violated the standard practice of care may have his or her license revoked to protect the public. Patient safety is not always the reason behind suspended or revoked licenses, however; in fact, the Texas Board of Nursing is sometimes erroneous in their rulings and determinations, or they may take preemptive action when there is no reason to discipline. Such is sometimes the case when a nurse fails to renew their license.

Lapses in Your License Can Result in Disciplinary Action

Practicing medicine without your license, even for just a day, can place you at risk for disciplinary measures with the Texas BON. In fact, the guidelines on lapses and renewals state that nurses must be non-practicing while applying for renewal. As such, it is crucial that you stop practicing as soon as you learn your license has lapsed. It is also worth noting that the assistance of an attorney may be worth considering if you have practiced since the lapse; this can provide an element of protection if you find yourself the subject of an investigation.

Contact Our Texas Nursing License Defense Lawyer

Whether you are at risk for an investigation, are experiencing problems with your renewal, or are currently facing possible disciplinary action, contact Oscar San Miguel, Attorney at Law. Backed by nearly three decades of experience in the legal and medical arenas, our Texas nursing license defense lawyer has the skills and knowledge needed to defend your rights and assist you through even the most difficult of circumstances. No matter what your situation, we fight for the most favorable outcome possible. Schedule a free consultation to learn more. Call our office at 512-228-7946 today.

Sources:

https://www.ncsbn.org/Nursing_Licensure.pdf

http://www.bon.texas.gov/rr_current/217-6.asp

Texas nursing license defense attorneyAlthough there are legal protections in place for nurses facing an investigation from the Texas Board of Nursing, investigators are not typically keen on informing nurses of their legal rights. In fact, investigations, in and of themselves, can be rather adversarial. When you add in the potential consequences, such as license suspension and revocation, the importance of knowing how to protect your license becomes clear. How, exactly, do you do this? The following explains further.

Understand the Investigator’s Intent

One of the most common and serious mistakes that nurses make is assuming that, because the Board is comprised of peers, they are allies. Make no mistake: though they are a group of your peers, their duty is to protect the public. They cannot legally take action against you without justification or reasonable cause. Yet, if you behave as though they will understand your decisions, stance, position, or reason for a mistake or oversight, you may very will give them exactly the justification they need.

Never Feel Pressured to Talk to an Investigator

Investigators can come at you from several different angles. They might send you a letter to notify you of a complaint, but they may gather evidence beforehand and then question you. Some might even try to catch you off guard to test your veracity. To make matters worse, anything you say to an investigator can and likely will be used against you in your case.

Protect yourself by ensuring you have spoken to an attorney before you ever speak to an investigator. If they catch you off guard at work, on the phone, or anywhere else, politely ask them for their business card or phone number and let them know that your attorney will be in touch. Even if you do not yet have one, this single step can save you from making a critical mistake in your investigation.

Hire an Experienced Texas Nursing License Defense Lawyer at the Start

A nursing license defense lawyer is an invaluable advocate when facing a complaint with the Texas Board of Nursing. They can ensure you are treated fairly by the BON, head off any conversations with the investigator, handle much of the legal process, and aggressively protect your rights throughout the entire process. Further, those that turn to an attorney early on are better positioned to defend their license, from beginning of the investigation to the end.

If you are facing a complaint with the Texas Board of Nursing, turn to Oscar San Miguel, Attorney at Law. Backed by more than 20 years of experience in the medical-legal arena, we have the skills, knowledge, and resources to effectively protect you in an investigation. Schedule your consultation with our Texas nursing license defense attorney to learn more. Call 512-228-7946 today.

Source:

http://ana.nursingworld.org/mods/archive/mod995/canlegalnrsfull.htm

Texas nursing license defense lawyerLearning that you are being investigated by the Texas Board of Nursing is an unnerving experience. To make matters worse, you may not have any initial details as to why the complaint against you has been filed. This hardly seems fair, considering your license may be at risk. Thankfully, there are things that you can do that may improve the outcome of your case.

Always Take Investigation Notifications Seriously

First and foremost, it is critical that you take any and every investigation notification seriously. Board of Nursing investigations can result in the suspension, revocation, or non-renewal of your nursing license. So, no matter how unfounded the complaint may seem, regardless of how easy you think it might be to prove your innocence, never underestimate the risks.

Contact an Attorney Immediately

All too often, nurses and advance practice registered nurses wait until matters have started to spiral out of control before they contact an attorney. This makes for a situation in which the focus is on damage control, rather than trying to get ahead of the matter. Further, it can ultimately hurt your case since anything that you have said and done up to that point cannot be erased from the minds or records of the Board. Rather than take this approach, get on the offense. Contact an attorney the moment you learn of an investigation and have all communications directed to your lawyer.

Be an Active Participant in Your Case

Hiring an attorney does not mean that you can simply sit back and do nothing. There will be records that need viewing, details to go over, and possibly even experts and witnesses to consult with. Take an active role in your case by ensuring you provide all information and communications to your attorney in a timely manner. Be available to answer questions and help your attorney understand the context of the situation. This will give them what they need to effectively and aggressively defend your case.

Practice Self-Care and Seek Support

While some cases with the Texas Board of Nursing may be resolved in a timely manner, others can take a while to resolve. Avoid burnout and reduce stress by taking care of yourself during the investigation process. Eat well, exercise, and do things that you enjoy. Also, try to seek support from a counselor, close and trusted friends, or through a support group. Whatever you do, do not try to deal with an investigation alone.

Contact Our Texas Nursing License Defense Lawyer

If you are facing a complaint with the Texas Board of Nursing, contact Oscar San Miguel, Attorney at Law, today. Backed by more than 20 years of experience in the medical-legal arena, our Texas nursing license defense lawyer has the skills and knowledge needed to aggressively protect your license. Whatever the situation, we always pursue the most favorable outcome possible. Call 512-228-7946 to schedule your consultation.

Source:

https://www.bon.texas.gov/faq_discipline.asp#t0

b2ap3_thumbnail_Texas-board-of-nursing-investigations.jpgLearning that a complaint has been filed against you with the Texas Board of Nursing can be nerve-wracking; if it is not, then you may be underestimating the seriousness of your situation. 

The Board—designed to protect the public—is not on your side and they are not obligated to treat you “fairly.” In fact, anything you say or do could be misconstrued by an organization with the power to revoke, suspend, or restrict your license. 

Thankfully, you do have the right—and are highly advised—to consult with an attorney throughout the complaint process. This ensures that you have someone on your side. To protect both your rights and your ability to practice, it may prove beneficial to consider the following suggestions.   

Develop a Complaint Management Plan 

When you decided to become a nurse, you may have developed a plan to help you complete your education. Dealing with a medical license complaint is much the same; you need a plan to help you get through the process. An attorney can help you build an effective and educated complaint management plan based on the particulars of your complaint and situation. 

Take on the Front Lines 

When you realize that the Board is looking for reasons to revoke, suspend, or restrict your license to practice, speaking with them can be fear-inducing. However, by hiring a skilled attorney, you do not have to fear the Board. Your attorney becomes the “front man,” and the Board now has to go through him to get to you. Even if they call or approach you when your attorney is not present, you have the right to refuse to speak with them until your attorney is available. 

Additionally, it is important to note the significance of hiring an attorney immediately upon receipt of a complaint from the board. There are various steps that can be taken early on in the complain process; however, these steps cannot be taken during the later stages of investigation or litigation.

Protect Your Rights

Because you never have to face the Board alone, your attorney will ensure that your rights are always protected. His presence, paired with his knowledge of the field and aggressive representation, will help to ensure you are not answering any questions that you are not required to answer. Moreover, your attorney will help you to handle the necessary questions and processes in the best and most informed manner possible.

Prepare Responses to the Board

During the complaint process, you will inevitably need to provide a written response or documentation to the Board. Your attorney can help you craft a well-prepared response. In some cases, this may be all that is needed to cease any further proceedings against you. If not, then your attorney will be there for you, even if it comes down to the worst case scenario—appearing in court or in front of the Board.

Defense in Court

If you must go before the Board or in front of a judge, your attorney will be there to defend you, to defend your decisions, to defend your rights, and to defend your license to practice. While no representation can ever guarantee a lack of disciplinary action, your attorney will work to help diminish their ramifications through both representation and informed knowledge on how to prove that you understand the weight of your mistakes and are willing to take the necessary steps to correct them. 

What to Look for in an Attorney 

While you could hire any attorney, it is best to ensure you hire one with in-depth knowledge in the medical, licensing, and legal fields. This will provide you with the best overall representation because, not only is your attorney there to protect you, he or she knows how you can improve your practice and  understands what steps you need to take to overcome any conditions that may be placed on you during the complaint process.

Texas professional license defense attorney, Oscar San Miguel, Attorney at Law, has more than 20 years of experience and knowledge in the medical and legal arenas. He also has a unique perspective as a former Medical Board processing attorney. Discover how he can help you with your Texas Board of Nursing complaint by calling 512-228-7946 to schedule your consultation today.

Source:

http://minoritynurse.com/licensing-board-complaints-and-investigations-what-every-nurse-should-know/ 

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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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