NURSING LICENSE DEFENSE
Arlington Nursing License Defense Lawyers
Arlington nurses serve others in the community through medical attention and hands-on care. When nurses face accusations of misconduct, they may face the possibility of losing their nursing license. Nursing license defense has become a common issue in the Arlington area, and many local nurses are facing accusations that put them at risk for losing their license, and thus, their livelihood.
The Arlington attorneys of the Leichter Law Firm PC, however, believe that every nurse has the right to defend his or herself against accusations that threaten the loss of a nursing license. We can focus individually on your case and help you build a nursing license defense that increases the likelihood that you will retain your license. Our experienced defense attorneys have the skills necessary to help you face various aspects of the legal process, including the following:
- The disciplinary process
- Chemical dependency issues
- Accusations of criminal misconduct
- Standard of care allegations
- Peer review actions
Whether you are facing one or more of the above, an experienced nursing license defense attorney can be of immense help to you in defending your right to have the nursing license that you worked so hard to obtain.
Grounds for Nursing License Defense
Typically, a case of nursing license defense becomes necessary when a nurse practitioner is accused of some form of misconduct or not upholding a proper standard of care. More specifically, some of the most common accusations involve the following:
- Standard of care violations
- Sexual and personal boundary violations
- Fraud, theft, and deception
- Chemical dependency & the intemperate use of drugs
- Lying & falsification
- Failure to comply with CE requirements
- Failure to pay licensure fees in a timely manner
- The commission of a criminal offense
- Malpractice suits & judgments
- Other fraudulent or deceptive conduct
Such accusations are extremely serious, and can be grounds for a person to face the loss of his or her nursing license or worse. Learning more about the accusations you are facing can help you prepare for a court case in Arlington, but having an experienced nursing license defense lawyer at your side is even more important.
What was formerly known as the Board of Nurse Examiners for the State of Texas, now the Texas Board of Nursing, is the entity responsible for regulating nursing practice and practitioners in the state of Texas. This means that it conforms to the rules and regulations set forth in the Nursing Practice Act, and Chapter 53 of the Texas Occupations Code. Additionally, the Board is held responsible for designations related to Registered Nurses (RNs), Licensed Vocational Nurses (LVNs) and Advanced Practice Nursing, and it holds the power to grant prescriptive authority to nurses applying for DEA / DPS authority.
The Texas Board of Nursing heads any investigation regarding nursing misconduct, should accusations arise. There are, generally speaking, two primary types of cases that the Board investigates. These include the following:
- Practice related cases
- Behavioral cases
- Chemical dependency
- Criminal history-related
- Allegations of mental health problems / psychiatric disorders
- Pain management / required narcotic consumption
The Board will investigate the above types of cases, and if it perceives that a violation of the Nursing Act has occurred, there are several methods by which it could punish the nurse involved. For instance, a nurse who is accused and found guilty of such a violation might be subjected to the following penalties:
- Administrative penalty or fee
- Directive to fulfill neglected obligation (special performance)
- A public reprimand
- License restriction or impositions on practicing
- TPAPN directive
- Probation or suspension of license
- Active suspension as required by probation
- License revocation
These penalties, one can imagine, can have a dire effect on a nurse’s ability to live a normal life, particularly if he or she is forced to have a license revoked, or undergoes a lengthy suspension. The best guard against such an effect is to speak to an Arlington nursing license defense attorney.
An attorney can help a nurse defend against the notoriously tough Board. Although one might initially believe that one will defend against the Board itself, this is actually not true. Instead, the Board Staff will take details of the case into its hands, rather than the formal Board. Knowing more about these intricate details is where having an experienced lawyer comes in handy.
The Board also often does not account for a personal or individual story, such as the one that you will present to them. In a lot of cases, not having an attorney on one’s side can result in harsh sentencing and penalties for the nurse who has essentially been bullied by the Board.
You will almost never appear before the Board itself; this only occurs in rare circumstances. For example, if you are invited to attend an Eligibility & Disciplinary Committee meeting, or if your case goes through to the Board from the hearing process at the State Office of Administrative Hearings. Because of the infrequency of being able to represent your case to the Board itself, it becomes even more critical to have an attorney on your side.
Contact a Nursing License Defense Attorney in Arlington
If you are a nurse or nurse practitioner in the Arlington area and you are facing accusations of misconduct that threaten to revoke your license, the attorneys of the Leichter Law Firm PC are here to help you. Contact us today by calling 512.495.9995 to learn more about how we can help you build a solid nursing license defense, and fight back against the harsh penalties that you could be subjected to by the Board Staff.