Texas Nursing Board Representation

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If you have been contacted by the Texas Board of Nursing, consider seeking legal advice. A carefully crafted response is very important so the response is based on both law and nursing standard of care. A nurse can inadvertently make statements against their own personal interests without realizing they are doing it. You need a healthcare attorney on your side to protect your interest. You should do everything in your power to protect your nursing license.

 

The Texas Board of Nursing is an administrative agency whose main purpose is to regulate the practice of nursing and protect the public. In other words, blindly answering questions without proper legal guidance, could potentially affect your nursing license. Again, a Texas nurse should have an attorney familiar with professional license defense, advocate and protect your best interests, your license and career.

 

If you are licensed by the Texas Board of Nursing in any of the following occupations: Registered Nurse (RN), Advanced Practice Nurse (APN), Certified Registered Nurse Anesthetists (CRNA), Nurse Practitioner (NP) Licensed Vocational Nurse (LVN), or a graduate nurse you are subject to the Texas Nursing Board jurisdiction. If you have any of the following events occur, please contact a healthcare attorney before you answer or respond to any inquiry:

 

  • You were terminated from your employment and informed that you are being reported to the Texas Board of Nursing allegedly violating the Nurse Practice Act and/or Board rules/regulations
  • A Texas Nursing Board investigator or any investigator contacts you and wants to discuss a complaint filed against you;
  • Your Texas nursing license has been suspended and you need guidance understanding the terms and conditions of getting it reinstated;
  • An actual formal investigation is pending against your license with the Texas Nursing Board;
  • A hearing is scheduled before the Texas Board of Nursing
  • The Texas Nursing Board has asked you to sign a Consent Agreement, Consent Decree, or an Agreed Order
  • The Texas Board of Nursing requests you to provide a written statement to the Board regarding the allegations in a complaint filed against you;
  • Criminal charges have been brought against you unrelated to your nursing practice;
  • Accused of a HIPAA(The Health Insurance Portability and Accountability Act (HIPAA) privacy violation.

 

If you are being "encouraged" to admit responsibility, liability or guilt to any act, or confess to criminal conduct, it is very important for you to seek legal counsel. Any criminal conviction, regardless of the level of the offense i.e. misdemeanor or felony, or whether it was committed on or off the clock, will more than likely have an extremely negative impact on your nursing license and career. Criminal defense lawyers may not know the impact of a plea agreement or deferred adjudication on your nurse license. Please seek the counsel of a healthcare lawyer on the effect of plea agreement or deferred adjudication may have on you nursing career

 

I have often been contacted by nurses and other licensed (certified) health care professionals, who have been falsely accused of diverting narcotics, abusing narcotics, or stealing narcotics from patients and/or their place of employment. It is not uncommon for a nurse or any health care professional to be accused of a substance abuse problem or diverting narcotics. If you are accused of diverting drugs from a Pyxis machine, Diebold, or other brand of automated pharmacy dispensing machine, please call my office.

 

A new source of potential nurse liability is the use of social media and social networking. Placing person information about any patient on Facebook, Twitter or any internet web site is a potential HIPAA(The Health Insurance Portability and Accountability Act (HIPAA) violation. Particularly, a nurse should not “friend” patients on Facebook or respond to any patient posting. Nurses should never take photos or write any personal information about any patient on Facebook, Twitter, or any other internet web site for that matter. If a patient posts something on their Facebook or Twitter account, a nurse should not take this to mean that the patient is waiving his/her privacy rights. And a nurse should not “friend” patients on Facebook or respond to any patient postings as this too can get a nurse into trouble with the nursing board. Nurses need to keep in mind if they participate in any social media, the information travels very wide and far and becomes a permanent piece of information that can come back and haunt them for the rest of their career. If you are accused of a HIPAA (The Health Insurance Portability and Accountability Act) privacy violation, call my office for a free consultation.

A DEEPER LOOK AT WHAT WE DO

When facing a medical legal issue you need someone who not only understands the law but understands the culture of medicine.

Texas Home Health Agency and Hospice License Defense

Health Law Administrative Defense

Irregular Behavior

Texas Nursing Board Representation

Texas Physician Defense Lawyer

Tommy E. Swate J.D.,MD. Medical License Lawyer

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832.702.7599

3663 N. Sam Houston Parkway E. Suite 640 Houston TX 77032

 

Reception@swatelaw.com

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