Tag Archives: Texas Nursing Board

Texas nursing license defense lawyerDrug diversion among nurses is a serious and common issue, and it can result in severe consequences. Unfortunately, not all nurses and nurse practitioners who are reprimanded for drug diversion are guilty. In fact, it is possible that you may have done something that could lead to an investigation for drug diversion. Surprised? Skeptical? Most nurses are until they find themselves under intense scrutiny. Learn more about the behaviors that may result in a drug diversion investigation, and what you can do about it, with help from the following information.

Charting Issues and Drug Diversion

Charting can be an annoying, seemingly ceaseless task. It is also necessary to ensure proper patient care. It documents which prescriptions that were given, and when, which can decrease the odds of a medication error. What happens, though, when the shift is hectic and out of control, short on staff, accidentally forget to chart a medication, or are so tired that you write down more or less than you administered? Perhaps nothing, or perhaps an error that can adversely affect your patient. Alternatively, you could be accused of drug diversion.

Not charting a medication – especially a narcotic or other controlled substance – can make it look as though you pocketed the drug instead of giving it to the patient. Alternatively, if you mistakenly write down that you gave the patient more than you did, or less, it could make it look as though you are attempting to alter records for the purposes of diversion. Worst of all, you may not be able to prove that you did not, in fact, attempt to divert drugs.

Suspected Diversion and the BON

Suspicion of drug diversion can be reported by almost anyone – a fellow nurse, your charge nurse, an administrator, a patient, even your next-door neighbor or ex-spouse. When there are charting discrepancies on top of this accusation, a full investigation into your practice may ensue. By this time, it no longer matters if you are guilty of drug diversion or not; the Texas Board of Nursing (BON) has access to your information, your charts, and they can request that you submit to a drug test. Refusal to do so, issues within your charts, and much more can lead to consequences, including suspension or revocation of your license.

Further, the issue does not have to relate to drug diversion; once the BON finds a reason to reprimand you, they can move forward with the disciplinary process. In such situations, it is crucial that nurses know how to protect their licenses. The first step is to contact an attorney.

Our Texas Nursing License Defense Lawyers

If you have found yourself the subject of a drug diversion investigation, contact Oscar San Miguel, Attorney at Law. Dedicated to your best interest, our Texas nursing license defense lawyer will fight to protect your rights and your license. In every situation, we pursue the most favorable outcome possible. Schedule your consultation by calling 512-228-7946 today.


Texas nursing license defense lawyerIf there is one ever-present risk that advanced practice registered nurses (APRNs) should be aware of, it is the potential for disciplinary action from the Texas Board of Nursing (BON). Well-known for their almost antagonistic behavior and disciplinary environment, the BON can swoop in with little to no warning. They can upend your practice and may even try to pry into your personal life. Protect your nursing license in the face of an investigation, and guard it from unfair scrutiny with help from the following tips.

Most Common Reasons for a Complaint

Every healthcare professional has its own respective Board to report to. For nurses, that Board is the Texas Board of Nursing. Yet, even within this same licensing Board, nurses and APRNs face unique issues. For example, APRNs typically experience complaints that are quite different from those faced by registered nurses. Some of the most common ones for APRNs include:

  • Breach of the standard of practice (SOP);

  • Drug diversion;

  • Alcohol or drug abuse;

  • Ethical or moral issues;

  • Criminal activity (including those not related to practice);

  • Failure to diagnose a serious condition; and

  • Overprescribing controlled substances.

All of these possible complaints can result in serious consequences for APRNs. Examples of disciplinary actions that may be taken against you include license suspension, license revocation, fines, required continuing education courses, and/or public reprimand that can scar your reputation.

Board Members are Not Colleagues

Despite what you may have been led to believe, the Board of Nursing is not in place to protect your interests. Yes, they are a Board of your peers, but their purpose is to protect the interest and safety of the public. Any confusion in this area can result in serious and devastating missteps during your investigation - some of which could potentially result in disciplinary action against you.

How do you protect yourself in such an environment? Play it safe and always be on guard, and no matter how innocent or frivolous the complaint or investigation against you may seem, always take it seriously. Most of all, ensure your rights are protected throughout the investigation by hiring an experienced nursing license defense lawyer.

Protecting Your Nursing License

If you have received notice of a complaint from the BON, or have had an investigator contact you for information, it is critical that you take action immediately. Contact Oscar San Miguel, Attorney at Law, for help in protecting your license. Backed by more than two decades of experience, our Texas nursing license defense lawyer will protect your rights and aggressively pursue the most favorable outcome possible. Call 512-228-7946 to schedule your consultation with us today.


Texas nursing license defense attorneyAfter spending years in school, passing your exams, and finding a career that you love, the last thing you want to think about is losing your nursing license. However, this pervasive risk is ever-present for nurses. As such, it is important that you understand the risk, and the behaviors that could result in consequences. Furthermore, you should know how to protect your nursing license, should you ever become subject to an investigation.

Unprofessional Conduct and Grounds for Disciplinary Action

Unprofessional conduct rules, which are listed in the Texas Administrative Code, can include a wide range of actions. Some could result in harm to patients, but not all are directly related to the nurse’s quality of care. In fact, some actions may seem fairly innocent. However, the Board of Nursing considers all behaviors under this code to be dishonorable. These actions may include:

  • Unsafe practice (mismanagement of client records, working outside scope of practice, delegating responsibilities to a person without proper education or credentials, etc.);

  • Failing to provide the minimum standard of care;

  • Failing to adequately supervise students under the nurse’s instruction;

  • Careless or repetitive behavior that could compromise the life, safety, or health of a patient (actual injury is not necessary);

  • Falsifying reports, records, or documents;

  • Causing or allowing a patient or client to be abused (physically, verbally, or emotionally) or failing to report suspected abuse;

  • Drug or alcohol abuse and/or dependency;

  • Sexual misconduct (either with patients or colleagues);

  • Falsely or deceptively obtaining a license;

  • Failing to repay a student loan;

  • Giving, receiving, soliciting, or agreeing to directly or indirectly give or receive fees or compensation for client referrals;

  • Failing to comply with the nursing drug rehabilitation program;

  • Failing to follow policy and procedure for the disposal of medications;

  • Failing a drug screen;

  • Violating an order of the board;

  • Leaving a nursing assignment without notification (patient abandonment);

  • And criminal conduct (even conduct for which you are not convicted).

Protecting Your Certified Nurse Anesthetist License

Allegations of unprofessional conduct are submitted to the Texas Board of Nursing in the form of a complaint. These complaints can come from almost anywhere – former patients, families of patients, colleagues, disgruntled employees, or even an ex-spouse – and they do not have to be founded to spark an investigation. This process, which you must comply with, can be exhausting, frustrating, and may result in the suspension or revocation of your nurse’s license. Even more concerning is that you could be at risk, even if you are innocent or made an honest mistake. Protect your nursing license by seeking skilled legal assistance.

Oscar San Miguel, Attorney at Law, can give you a distinct advantage in your unprofessional conduct case. Skilled and experienced, our Texas nursing license defense attorneys provide high-quality representation. We work hard to ease your stress and burden and will always pursue the most favorable outcome possible. To schedule your free initial consultation, call us at 512-228-7946 today. 



nursing license, Texas professional license defense attorneyYears of hard work and dedication may have helped you earn your nursing license, but the work itself is far from over. Now, as you treat patients and go on about your day-to-day work, you need to know how to protect your nursing license from suspension or revocation. This task, which goes well beyond simple prudence in your practice, requires that you know when your license could be at risk, and what you should do about it. Furthermore, it requires that you understand the role and value of a skilled legal professional when facing disciplinary measures and licensing issues. 

Criminal Charges and Your Nursing License

Charges for any criminal act – an arrest for suspected drunk driving or substance abuse, an assault and battery charge, shoplifting, sexual assault, or any other misdemeanor or felony offenses – can place your license at risk. This is true, even if you are excused from those charges or were wrongfully arrested. At the very least, your license will be suspended for a minimum term. In the worst of circumstances, it could be completely revoked, and you may be prohibited from ever practicing nursing again.

Complaints and Your Nursing License

There are a number of reasons that a nurse may become subject to a complaint with the board of nursing in Texas. A bereaved family member could be looking for someone to blame. A mistake was made during a physically and emotionally exhausting shift. There is suspicion of drug or alcohol abuse while on the job or a positive random drug test on the job. There has been charting failures or oversights. The list really is rather endless, but every possibility puts your nursing license at risk. An investigation, conducted by the nursing board, is the first step in that potential consequence.

Texas Board of Nursing Investigations and Your Nursing License

Regardless of why the investigation has started – be it due to a criminal matter or a professional one – know that notice of one should be taken seriously. It is through this process that the Texas Board of Nursing will determine if an infraction has occurred, and what disciplinary actions may be taken against you. Even the smallest amount of information could be misconstrued as evidence. In fact, even an honest and clear explanation from you could be perceived as guilt. Take action to protect your license and contact an experienced professional license defense attorney immediately.

With more than 20 years of medical-legal experience, Oscar San Miguel, Attorney at Law, can help protect your rights and your nursing license. Known for offering honesty, clarity, and support in a time that can be exceedingly stressful, he is highly skilled and knowledgeable in the complexities of licensing laws. A seasoned Texas nursing license defense attorney, he offers assertive and aggressive services to licensed nurses throughout the state of Texas. Schedule your free initial consultation and learn how he can help with your case, call 512-228-7946 today. 


Texas nursing applicationIf you are a nursing student or are considering nursing school, but have a criminal record, diagnosis of mental illness, or chemical dependency, your ability to obtain a nursing license from the Texas Board of Nursing might be in jeopardy. What is the best course of action, and will hiring an attorney help?

In many cases, an experienced professional license defense attorney can give advice as to whether the Board of Nursing is likely to issue a nursing license. In many cases, the license will be issued with restrictions. For example, undergoing drug screenings, attending recovery program meetings, being supervised, and receiving a provisional license for a specified term, are some of the restrictions that may be imposed. An attorney can help to negotiate the terms of any restrictions that are not unduly restrictive. The Board of Nursing may try to impose terms that the nurse finds unpalatable, but having an experienced attorney at your side could lead to better results for your career.

The Texas Nursing Practice Act contains a list of the serious criminal offenses that will cause refusal to issue a license. Minor offenses, such as those that are not felonies, should not cause refusal to issue a license. Rather, a probationary license that carries with it specified practice restrictions is the more likely outcome. In that case, an experienced attorney can help minimize the severity and/or duration of the restrictions.

In the case of a prospective nurse who is attending or considering nursing school, a Petition for Declaratory Order of Eligibility for Licensure may be filed in advance of applying for a license. This procedure allows the Board of Nursing to assess an individual’s eligibility for a license based on information provided by the individual as to their history and current fitness to practice. Since a decision proposing to find the individual ineligible for licensure can result in an administrative hearing or even an appeal, it is advisable for an experienced attorney to be involved at the beginning of the petition process.

When your professional career is on the line, do not hesitate to contact an experienced Texas professional license defense attorney for advice and assistance in navigating the declaratory order process. Contact Oscar San Miguel, Attorney at Law, for a consultation 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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