MEDICAL LICENSE DEFENSE
Austin Nurse License Defense Lawyer
Skilled Representation For Nurses Facing License Suspension Or Revocation
At ATX Legal, our Austin nurse license defense lawyer is an expert when it comes to defending LVNs and RNs against the Texas Board of Nursing (BON). When a nurse’s license is at stake due to disciplinary proceedings, they should contact one of our lawyers right away. Our legal team has an in-depth knowledge of the BON processes and personnel involved that can help protect their rights.
We have successfully aided nurses, physicians, and other healthcare practitioners with their administrative licensing requirements. In addition to defending them against BON actions. Contact our office today for a free consultation to learn more about how we can help you defend your license and reputation!
Protecting Your Nursing License & Your Future
Nurse practitioners are held to the highest standards of care, and ATX Legal understands the administrative complexities involved in health care. With our expertise in legal representation, negotiation skills, and deep understanding of nursing board investigations, you can trust that our firm will work tirelessly to protect your license from being revoked by the Texas Board Of Nursing. We can confidently represent nurses facing the following allegations:
- Failure to provide care to a patient
- Patient care violations
- Intemperate use of drugs or alcohol
- Chemical dependency/substance abuse
- TPAPN violations
- Theft of a patient’s opiates or other drugs
- Failure to disclose criminal history
- Documentation errors including falsifying documentation
- Unprofessional conduct including allegations of patient abuse
If you are a nurse facing an investigation, it is crucial that you enlist the help of our Austin nurse license defense lawyer as soon as possible. It’s true that nursing boards can be quite aggressive; however, with experienced representation, negotiation, and settlement remain viable options. ATX Legal has achieved successful resolutions for numerous clients in such predicaments.
Understanding The Texas Board Of Nursing
Many nurses often only take into consideration the Texas Board of Nursing when they are obtaining their license or renewing it, however, this board is responsible for additional matters. They supervise nursing and safeguard all Texans by making sure that each registered nurse (RN), licensed vocational nurse (LVN), and advanced practice Registered Nurse (APRN) in our state can work with no risk to public safety.
Many nurses in Texas believe that the Board of Nursing (BON) is solely there to support their profession. Through advocacy for nurses is an aspect, its primary mission remains to protect the public by licensing only qualified individuals and holding them accountable through investigations into complaints against any nurse who has broken either state or federal laws governing nursing practice. When a situation arises where you need legal help before the BON, don’t hesitate to turn to our experienced nurse license defense lawyer in Austin TX who can help you with the following:
- Nursing Incident-Based Peer Review
- Criminal Incidents
- Texas Peer Assistance for Nurses (TPAPN)
- BON Complaint/Investigation
- BON Agreed Order
- BON Informal Settlement Conference
- BON Formal Charges
- State Office of Administrative Hearings (SOAH) Contested Case Proceeding
- SOAH Mediation
- Temporary Suspension of Nursing License Hearings
- Reinstatement of a Nursing License
- Request for modification/exception to an Agreed Order
The Texas BON Process
The Texas Board Of Nursing has a consistent protocol they adhere to for all grievances received. Below is an example of how the BON process works:
Communicate Allegations With The Nurse
Before beginning to probe the claims, it is typically recommended that you discuss them with the nurse. However, in rare cases where revealing those details would impede your investigation process, then informing them may not be suitable. In most circumstances though, this initial step should remain applicable.
The BON Opens An Investigation
The Board of Nursing (BON) will commence a comprehensive probe into the allegations, including gathering witness testimony, scrutinizing the nurse’s records, and acquiring any additional pertinent evidence. After completing its investigation, BON will then decide whether or not the complaint is founded and if so, establish if there was an infringement of the Nursing Practice Act (NPA).
Violations of the Nursing Practice Act (NPA) generally constitute acts that may lead to disciplinary action. Patient care is, more often than not, at the heart of these violations. Here are some examples:
- Failure to report
- Standard of Care Violations
- Violation of Boundaries or Inappropriate relationship with the patient
- Medication errors
- Malpractice suits
- Wrongful death cases
- Violation of HIPPA
- Fraud or theft
- Substance abuse
- Committing a felony
When the nurse is found to have broken the NPA, it will be up to the Board of Nursing (BON) to decide on an appropriate set of disciplinary actions. These may include:
- Remedial education
The Licensing Board will present a series of disciplinary orders to the nurse, who is also able to suggest revisions that can be assessed. If an accord is reached, all three parties involved, the nurse, their former employer, and the complainant, will receive notification on how things concluded. However, if no agreement transpires, formal complaints are filed against said nurse with a hearing set up by the Board’s staff.
We can often resolve your complaint without having to go through an administrative hearing in the BON’s Austin, TX headquarters. However, if one is necessary, our skilled Austin nurse license defense lawyer can meet with you and provide detailed guidance throughout the process. Additionally, we are willing to attend any hearings on behalf of you and fight for justice. Don’t leave your medical license to chance, contact ATX Legal today to learn how we can help.
The Texas Peer Assistance Program for Nurses
Established as an alternative to the Board of Nursing’s reprimands, the Texas Peer Assistance Program for Nurses (TPAPN) is a safeguard for nurses with mental health or chemical dependency issues. Whether the nurse reports themselves proactively, has been referred by their employer, reported by someone else, or ordered to participate by the Nursing Board– TPAPN offers them support and understanding.
As a supportive program, TPAPN provides assistance to nurses so that they can gradually return to their profession while undergoing recovery or treatment. However, misunderstandings of the objectives and goals of TPAPN as well as misconceptions surrounding mental health or substance abuse may hinder the ability of nurses in the program to secure employment.
Frequently Asked Questions
How Do I Protect My Nursing License In Texas?
All your hard work and dedication to achieve a nursing license can be quickly jeopardized with one minor mistake in the workplace or an unforeseen event in your personal life. It’s practically impossible to eliminate all risk, but there are tactics you can take to minimize it. The first thing you should do is talk with a professional nursing license defense attorney in Austin, TX if an investigation has been launched against you. In addition, here are some more tips that will help safeguard your valuable nursing license:
- Focus on communication. A patient’s health depends on the effective communication of vital information between nurses and physicians. To ensure that medical errors are minimized, it is essential to clearly articulate any data you have with others in the healthcare field.
- Follow facility protocol. No matter how many others opt for the easier route, don’t follow them. If you feel that what is being asked of you goes against your moral code or professional standards, do not oblige. It’s up to you to ensure that every action taken adheres to both legal and facility regulations as well as any ethical codes in place with your profession.
- Don’t rely on your coworkers. To stay on the safe side, it is imperative to ensure that the tasks you are responsible for are getting done in a timely manner.
- Keep your social media profiles and personal life private.
- Always assume someone is watching. As a nurse, you must abide by strict regulations and standards of conduct—and any violations can lead to an immediate suspension of your license. Therefore, it is paramount that you are aware of the protocols at all times and ensures your behavior always aligns with them.
Who Can Report A Nursing Complaint?
The disciplinary process for Texas nurses may begin with a letter of self-report or may be initiated at the request of a patient, supervisor, or coworker. In addition, a nurse’s employer has the right to seek an inquiry into the employee’s unethical behavior or misconduct based on other factors, such as the employee’s evident impairment or criminal charges. A formal complaint can be filed with the BON by anybody, including the following:
- Patients who the nurse saw
- Patients’ loved ones who were cared for by the nurse
- The hospital administrator or nursing staff supervisor
- Other medical personnel or fellow employees
How Long Does An BON Investigation Take?
Depending on the circumstances, investigations generally take anywhere from five to 12 months to complete. As the process progresses, both parties involved are regularly updated regarding their status. Once concluded, barring special instructions by the Board of Nursing (BON), complainants will be informed as to what conclusion has been reached by investigators.
Should I Call The BON And Explain Myself?
Until you have consulted with an experienced Austin nursing license defense lawyer and prepared a full response to the complaint notice or letter of investigation, it is essential that you do not contact the Texas Board of Nursing. It’s common for nurses in this situation to panic, but any responses sent during this time could be used against them as admissions of guilt and can seriously damage their license. To avoid such complications, seeking legal counsel should always come first.
Considering our collective knowledge of these circumstances, the wisest course is to have your complaint or letter of investigation assessed by a knowledgeable Texas nurse license defense attorney. This legal counsel can then help you develop a response that clearly articulates your perspective while ensuring that the Board of Nursing does not gain an undue advantage over you.
Contact Our Austin Nurse License Defense Lawyer Today
The initial step of the investigation process initiated by the nursing board is a notification. This should be responded to strategically and not taken lightly, as any response from you can potentially be used against you in court if needed. A written reply may do more harm than good – at best it will remain ineffective which could lead to negative outcomes later on. Thus, it’s important that nurses respond thoughtfully when they receive notice from the Nursing Board.
Our firm is here to ensure your best interests from the very start of a healthcare licensing investigation and even if you are already in the process. The objective? To stop further aggravation at every step of the investigation. If we can collaborate with you right away, our goal will be to keep an inquiry from turning into something more complex. But if that’s not possible, don’t worry—we’ll do whatever it takes to preserve your nursing license so you won’t have any chance of losing your job while also mitigating other potential consequences as much as possible.
If you are facing disciplinary action from the Texas Board of Nursing, contact ATX Legal right away. Our qualified Austin nurse license defense lawyer can walk you through the process and help you secure the best possible outcome in your case. Don’t let years of dedication and hard work be thrown away, allow us to fight for your medical license today.