Texas Board of Nurse Examiners
At Leichter Law Firm PC, we’ve defended nurses against the Texas Board of Nurse Examiners with many favorable outcomes. Many of the cases never resulted in a case being filed, in not guilty verdicts, dismissals or charge reductions.
Texas attorneys are ethically prohibited from making any guarantee. However, below are a few examples of Leichter Law Firm PC’s results when representing clients.
RN vs Texas Board of Nurse Examiners Defense Results
Client was dually licensed by the Texas Department of State Health Services (DSHS) as a paramedic/ EMT and the Texas Board of Nursing as an RN.
Client, during a Star Flight, in which he was the assigned paramedic, administered lopressor IV to suppress a sudden rise in heart rate and blood pressure to one patient and on another flight, norepinephrine to a hypotensive patient on the verge of shock.
Client administered the medications pursuant to generally accepted AMA protocols, as well as protocols developed and adopted by the hospital.
Client, due to the remote location of the aircraft, was unable to communicate with the hospital staff/on call physician. Staff of the Board of Nursing maintained Client had acted outside his scope as an RN, by administering medications without a direct order from the physician, as he had utilized his knowledge and training as registered nurse, even though he was acting within the scope of his EMT/Paramedic registration.
After extensive rebuttal response from the Texas nursing license defense attorney of Leichter Law Firm and appearance at an informal conference, the Board dismissed the complaint.
Staff of the BNE sought the revocation of Client’s nursing registration for fraud, dishonesty, and theft. After a review of the facts and limited discovery, Board Staff settled the case for an order requiring continuing education with no practice restrictions.
Staff of the BNE sought the revocation of Client’s license for violating a TPAPN Order, due to intemperate use of controlled substances and administrative violations. Leichter Law Firm Attorneys negotiated a fully probated suspension with no active suspension served.
Board Staff sought the revocation of Client’s Nursing Registration when Client was placed on deferred adjudication probation for the felony offense of Attempting to Obtain a Controlled Substance by Fraud.
The Leichter Law Firm challenged the statutory authority of Board Staff’s pleadings, alleging Res Judicata and Ultra Vires. The case was dismissed.
Client offered a two year Order of Eligibility for answering truthfully to questions concerning their remote psychiatric history.
After the presentation of remedial evidence and a challenge to the statutory authority of the BNE’s legal theories by the Leichter Law Firm attorneys, Client was given an unrestricted license.
Board Staff investigated Client for an arrest and allegations of fraudulent behavior.
After the Leichter Law Firm responded on Client’s behalf and demanded proof of the violations, Board Staff dismissed the case.
Staff of the Texas Board of Nursing (BON) accused Client of intemperately using alcohol and illegal street drugs and of violating an Agreed Order requiring participation in the Texas Peer Assistance Program for Nurses (TPAPN). Due to questionable drug screens and his continued drug and alcohol use, Staff sought the revocation of Client’s license.
Client retained the Texas Nursing Board Defense Attorney’s of Leichter Law Firm, who asked Staff to docket the case at the State Office of Administrative Hearings (SOAH). After a two day trial, the Administrative Law Judge (ALJ) ruled in her Proposal for Decision (PFD) that Board Staff had failed to prove intemperate use and recommended Client be placed on a new agreed order or referred back to TPAPN.
Despite Board Staff’s insistence on revocation, the Leichter Law Firm attorney’s negotiated an agreement placing Client on an Agreed Board Order for two years. Client retained his employment.
Board Staff sought the surrender of Client’s nursing license for violating her TPAPN Contract due to a positive drug screen. After the demonstration of Client’s continued abstinence and recovery, the case was settled with a two-year agreed order.
Client accused of falsification of patient charts, improper documentation, inadequate record keeping, and lacking acceptable clinical judgment and skill.
After Leichter Law Firm’s Texas nursing license attorneys’ coordination with an expert and review of the material, the case was dismissed upon presentation to the BNE.
Board Staff investigated Client for standard of care violations with respect to five (5) patients and offered Client a two-year agreed order with stipulations to resolve the matter.
Client hired the Texas nurse license attorneys of the Leichter Law Firm to contest the matter(s) and an expert was hired. After a review of the medical records and presentation of the Expert’s findings to Board Staff, the case was dismissed.
Client plead guilty to two criminal offenses involving moral turpitude. Initially Board Staff sought to impose a two year probation.
After a presentation to the BNE, the Client settled for an administrative penalty.
Board Staff sought the discipline of Client’s Nursing registration for a positive pre-employment drug screen.
After the Leichter Law Firm Texas nurse license attorneys presented their theory of the case, Board Staff dismissed the investigation.
Client was accused of violating her agreed order for failing a drug screen and an arrest for a class B misdemeanor. The Texas nursing-license defense attorneys at the Leichter Law firm negotiated a dismissal for Client’s criminal case and hired an expert to review the lab results.
After the presentation of expert evidence to Board Staff, the case was dismissed.
Board Staff Denied Applicant’s request to reinstate her registration due to a prior surrender due to intemperate use of controlled substances. The Leichter Law Firm’s Texas nursing license defense attorneys appealed Board’s staff to the Eligibility & Disciplinary Committee and presented Client’s case.
The Board Ordered Client’s license reinstated pursuant to a two-year monitoring order.
Board Staff sought the surrender of Client’s nursing license for Client’s violations of her TPAPN Contract. After a remediation and rehabilitation plan was prepared for Client by the Leichter Law Firm’s Texas nursing license defense attorneys, Client was able to demonstrate her fitness to practice nursing.
The case was resolved through a three year Board Order. No active suspension was imposed.
RN, APN vs Texas Board of Nurse Examiners Defense Results
An advanced practice family nurse practitioner, was accused of misdiagnosing a patient and failing to adequately communicate with that patient with respect to their diagnosis and treatment options.
After a review of the medical records and discussions with the Client concerning their care of the patient, the Texas Board of Nursing defense attorneys of Leichter Law Firm filed a comprehensive response with Staff of the Board. The BON dismissed the case against the client and the complaint was permanently removed from the Client’s administrative record maintained by the state board.
This was based on a determination by Board Staff that the patient had not been misdiagnosed and that the condition was appropriately recognized and treated.
Client accused of intemperate use of controlled substances, violation of TPAPN contract, and inability to practice with reasonable skill & safety.
Negotiated an Agreed Order referring Client back to TPAPN.
Client plead guilty to two offenses of Driving While Intoxicated.
After a letter of explanation and presentation of an expert report, the case was dismissed.
Staff sought the discipline of Client’s Nursing Registration for falsification of records and holding herself out as an advanced practice nurse without a license.
After presentation of Client’s case, Board Staff dismissed the complaint.
Board Staff sought the discipline of Client’s license for standard of care violations relating to five (5) different patients. The Leichter Law Firm obtained the relevant medical and personnel records and performed a substantive review.
A comprehensive denial with an expert report was presented to Staff of the Board and all charges were dismissed.
RN, CRNA vs Texas Board of Nurse Examiners Defense Results
Client, prior to his application for a Registered Nurse (RN) application, had been placed on ten years deferred adjudication probation for the criminal offense of attempted murder.
Client answered his initial RN application honestly and was not forced to reveal the probation as the application at that time only inquired about convictions.
Twenty (20) years later due to the new DPS fingerprint requirements and criminal history background checks, Client retained the Leichter Law Firm to self report his criminal history to the Texas Board of Nursing in an effort to be pro-active.
After an investigation with a comprehensive response and mitigating documents filed by the state board defense attorneys of Leichter Law Firm, the matter was dismissed.
Client continues to enjoy unfettered and unencumbered practice and privileges as a CRNA at a variety of Texas hospitals and surgery centers.
Client, a CRNA, admitted to diversion of opiates from the operating room and to steroid dependence. Client, self admitted to long-term treatment and with the advice of other counsel self-referred to TPAPN. TPAPN required Client to work as an RN for one-year prior to receiving clearance to return to the OR as a CRNA. This was to be the subject of an Agreed Board Order referring Client to TPAPN.
Client retained the Leichter Law Firm to negotiate a better arrangement with Staff og the Texas Board of Nursing. After a review of the medical charts and the Client’s treatment records, it was evident Client’s one-time diversion was isolated and intended to self treat an injury he suffered due to the steroid use.
After the filing of a comprehensive response, opinioned medical support and mitigating evidence, Board Staff offered a two-year agreed order allowing Client to return to the OR immediately. Client maintained his employment, his DEA/DPS controlled substances registrations and all of his hospital privileges.
LVN vs Texas Board of Nurse Examiners Defense Results
Client, a Licensed Vocational Nurse (LVN), was employed by a skilled nursing facility / home, and in this capacity assisted in the provision of basic medical care to the facility’s residents. A patient complained that client had committed a boundary violation by rubbing her down with body lotion in an unwanted and sexual manner. Staff of the Texas Board of Nursing was insistent Client had acted inappropriately, even though all evidence pointed to the contrary.
Leichter Law Firm attorney’s insisted the case be set for trial / contested case hearing at the State Office of Administrative Hearing (SOAH)and engaged in extensive discovery to exonerate Client and refute the patient’s claims. On the eve of trial, when it was evident the Nursing Board had no case they dismissed the case. Client’s license remains unencumbered.
Client was offered an indefinite suspension due to sexual boundary violations with other employees of the hospital nursing staff while being represented by another law firm. After retaining the Texas nurse license attorneys of the Leichter Law Firm, the gathering of remedial evidence, and an expert report, Client was offered a one year agreed order with stipulations. No suspension was a part of the final negotiated order.
Board Staff sought the revocation of Client’s License for numerous drug related felony convictions, intemperate use of controlled substances, and an inability to practice nursing with reasonable skill and safety. After extensive discovery during the contested case hearing process, Board Staff settled for a TPAPN Order during mediation at SOAH (State Office of Administrative Hearings).
Board Staff obtained an Emergency Suspension Order due to Client’s indictment for Sexual Assault of a Child. The Leichter Law Firm contested the matter and filed an enforcement action against Williamson County and the BNE, requiring witnesses to Appear for a contested case hearing. After a trial on the merits the transcript was used to obtain Client’s release from a Costa Rican jail. Based on a review of the transcript and other factors the Costa Rican Government determined they were detaining Client in violation of international law.
Staff of the Board sought the discipline of Client’s nursing registration for falsification and criminal arrests and probations for offenses involving moral turpitude. The Leichter Law Firm challenged the BNE’s statutory authority and the investigation was dismissed.
Board Staff denied Client’s application for LVN registration due to Client’s felony probation. The Leichter Law Firm appealed Board Staff’s decision and negotiated an agreed order of eligibility during the contested case hearing process.
General License vs Texas Board of Nurse Examiners Defense Results
Client was denied initial licensure due to two arrests for criminal offenses involving moral turpitude. After petitioning for an expunction of one offense Leichter Law Firm Texas nursing license defense attorneys challenged the statutory authority of the BNE’s basis for denial. Client was given an unrestricted license.
Client sought modification of a Declaratory Order issued to him while he was in Nursing School for an old drug related criminal conviction. After case preparation and an appearance in front of the Eligibility and Disciplinary Committee Client’s Agreed Order was modified by reducing the length and intensity of the supervision requirements.