Blog

Tag Archives: Texas nursing license defense attorney

Texas nursing license defense lawyerAddiction is experienced by individuals of all ages, in all walks of life, and of all professions; it does not discriminate. Yet, when it comes to the nursing field, the consequences of addiction are usually higher. That is because nurses have more than just their health and emotional and financial well-being on the line; they could also lose their right to practice. Thankfully, it is possible to mitigate against the risk of a suspended nursing license while seeking treatment for an addiction. Learn more in the following sections, including how the experienced assistance of an attorney can improve the outcome of your case.

Understanding the Risk of Addiction

Though they have access to controlled substances, the rate of addiction for nurses is no higher than the general population’s. That suggests that the nurses who suffer from an addiction might have dealt with the issue, regardless of their profession. Sadly, their career does complicate the recovery process. If caught diverting or using drugs by the Texas Board of Nursing (BON), they could be investigated and reprimanded. Consequences can include everything from mandatory drug testing and temporary suspension to the permanent revocation of one’s license.

Seeking Treatment Can Jeopardize Your Nursing License

Seeking treatment for drug or alcohol addiction might seem like the most straightforward way to protect one’s license, but this is rarely the case. Instead, it sometimes tips off the BON and sparks an investigation. If evidence of an infraction is found - anything from drug diversion to endangering the life of a patient while allegedly under the influence of drugs or alcohol - one could experience the very same consequences as an actively addicted nurse. Thankfully, nurses who wish to recover from their addiction can do so without further jeopardizing their license. An experienced nursing license defense lawyer can explain how.

Contact Our Seasoned Texas Nursing License Defense Lawyer

With nearly 30 years of experience in the medical-legal arena, Oscar San Miguel, Attorney at Law, is the firm to call. Able to advise as you seek treatment for addiction, and capable of protecting your nursing license if you are investigated, our skilled Texas nursing license defense lawyer will work hard to ensure you are not punished for trying to recover. No matter what the situation, we will aggressively pursue the most favorable outcome possible. Call 512-228-7946 and schedule your free and personalized consultation with us today.

Source:

 

https://www.ncsbn.org/SUDN_11.pdf

Texas nursing license defense lawyerNursing is full of opportunities and positive, career-advancing opportunities. It is also filled with potential risks that can place your license in jeopardy. Thankfully, there are some strategies that you can use to decrease your chances of an investigation from the Texas Board of Nursing (BON). Learn more about them, and discover how an experienced nursing license defense attorney can help protect your license, should you find yourself the subject of an investigation.

Mitigate Against Medication Errors

Of all the potential risks to your nursing license, those related to medication errors are the ones that you are most likely to experience. That is because they happen far more often than most practicing nurses realize, and you are at the level at which they are most likely to occur. Mitigate against them by following all medication protocols, practicing effective communication, and by ensuring you administer only what is prescribed to the correct patient at the right dose.

Stay Current on Developments in Your Field of Practice

Medicine is constantly and rapidly evolving – so much so that it can be difficult for even the most diligent of nurses to stay current on developments within their practice. Yet, by doing so, you can reduce your risk of an investigation from the Texas BON. Staying current also improves patient safety, and it can improve the quality of care that they receive from you.

Advance Your Degree and Stay Current on CEUs

While you may not be required to advance your degree, doing so can improve your critical thinking skills and problem-solving skills, while also expanding your knowledge of the practice. Nurses are also encouraged to stay up-to-date on their continuing education credits, as well as their licensing credentials for any state in which they practice.

Know When and Where to Ask for Assistance

If you have made a mistake in your practice, or if you believe that you may be at risk for an investigation, it is critical that you take immediate steps to protect your nursing license. If you are a union worker, review your rights to determine if they can help. Also, contact an experienced nursing license defense lawyer, as this not only ensures your license is skillfully protected, but it can also reduce the stress you experience while working through the investigation process.

With nearly 30 years of experience in the legal-medical arena, Oscar San Miguel, Attorney at Law, is the firm to trust. Skilled and experienced, our Texas nursing license defense lawyer can take swift and aggressive action to defend your right to practice. No matter what the circumstance, we fight for the most favorable outcome possible. Call 512-228-7946 to schedule your free and personalized consultation with our office.

Sources:

http://www.nursingworld.org/MainMenuCategories/ThePracticeofProfessionalNursing/NursingEducation/ContinuingEducationforNurses

http://www.nursingworld.org/MainMenuCategories/EthicsStandards/About/Tools-You-Need/Code-of-Ethics-For-Nurses.html

 

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.

Source:

https://www.americannursetoday.com/documentation-youve-got-lot-lose/

 

 

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.

Source:

http://www.pharmacytimes.com/contributor/erica-lindsay-pharmd-mba-jd/2016/01/the-high-cost-of-drug-diversion

 

Texas nursing license defense lawyerWhen the Texas Board of Nursing (BON) finds evidence of wrongdoing during an investigation, they may take disciplinary action against the nurse in question. What are these actions, and how might they affect your right to practice nursing? The following explains, and it provides details on how an experienced nursing license defense lawyer can mitigate against the disciplinary action that may be taken against you.

Emergency Disciplinary Actions

Unlike other types of disciplinary measures, those titled as emergency actions may occur before the nurse has had a chance to defend him or herself. Typically, such actions involve the temporary suspension of a nurse’s license. General guidelines indicate that the BON should have clear and convincing evidence that the nurse may place the safety of patients or the public at risk (i.e. notification of a pending criminal charge).

Nurses may not be immediately aware of the suspension, but the Board is required to provide notification once the decision has been made. If you have received a notice of an emergency action against your nursing license, or you believe that it may be a possibility because of a recent event, it is crucial that you contact an experienced attorney as soon as possible.

Other Types of Disciplinary Action

The Board of Nursing has an arsenal of actions that they can use to discipline nurses. Some are temporary. Others are permanent. Nearly all are frustrating and costly. Examples of such actions may include:

  • Administrative fines;
  • Civil penalties;
  • Public reprimand;
  • Mandatory remediation;
  • Restrictions on the nurse’s right to practice medicine;
  • Mandatory continuing education courses;
  • Mandatory drug rehabilitation;
  • Random drug testing;
  • Temporary suspension of the nurse’s license;
  • Remediation; and
  • Permanent revocation of a nurse’s license.

When Your License is at Risk

Staying out of trouble might seem like a pretty straightforward thing – follow the Code, act ethically, and conduct yourself with professionalism at all times – but there are many ways that a nurse can enter the BON’s disciplinary system. A wrongful DUI arrest may result in the emergency suspension of a nurse’s license. Even if the charges are dismissed, it may be difficult to get their license reinstated. A nurse may be reported by a vengeful ex-partner, ex-spouse, neighbor, co-worker, or another individual. There are even instances in which charting mistakes lead to investigations for drug diversion.

Because the risk is great, and the chances of being referred for disciplinary action is high, nurses are encouraged to seek experienced legal assistance as soon as they learn of a complaint or action against them. Backed by nearly 30 years of experience, Oscar San Miguel, Attorney at Law, is the name to trust. Learn more about how our Texas nursing license defense lawyer can help protect your license. Call 512-228-7946 today.

Source:

https://www.ncsbn.org/673.htm

 

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.