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board of nursing license attorney defense

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If a complaint has been submitted to the Board of Nursing about your nursing, the Board takes those complaints seriously, and so should you. FosterLaw attorneys can represent you at any and all points throughout the disciplinary process, from initial reporting and responding through informal settlement and, if necessary, appearance in a formal hearing. Most matters can be settled prior to reaching the formal proceeding stage, which can save time, money, ...READ MORE ► and emotional strain for everyone.FosterLaw helps nurses respond to investigation requests for allegations of the Nursing Practices Act. We have also guided nurses through the process of required reporting of criminal convictions and issues arising during the application process, such as responding to a criminal history investigation at the application stage.If a complaint is brought against you, the Board of Nursing will first assign an investigator to gather facts about the circumstances surrounding the complaint. The investigator has access to many sources of information, from state records to witnesses and experts. During the investigation, you will receive a notice that an investigation has been opened, and you will have an opportunity to respond, generally within twenty days of the date of the notice. Once the investigator has received your response, contacted witnesses, and gathered evidence, he or she will write a report. The report will be reviewed by an attorney who will dismiss the matter or pursue it by issuing a Notice of Alleged Violation (NOAV). This NOAV begins the prosecution process.

Under the Texas Administrative Practice Act, you are entitled to an informal settlement conference prior to any formal hearing. If no settlement is reached informally, the case will proceed to a hearing before an assigned administrative law judge at the State Office of Administrative Hearings (SOAH). At every stage, you have the opportunity to interact with the Board staff and every interaction affects the outcome of the case. FosterLaw can advocate on your behalf at every stage. As a professional who has achieved monumental academic, examination, and experience milestones in order to be licensed to practice nursing, investing in protection of your license only makes sense.

If you are just beginning your career, and are afraid a criminal history will stand in your way, FosterLaw attorneys can advise you and walk you through the application process. Disclosure of criminal convictions to the Board is required, and there are important considerations in the presentation of that disclosure. FosterLaw attorneys can explain your history clearly to the Board, and emphasize that it will not affect your ability to be a competent, caring, and successful.

Nursing is an honorable and respectable profession that allows practitioners to serve their patients in ways no one else can. If nursing is your chosen path, don’t let a single mistake stand in the way of you fulfilling your dream. FosterLaw can help you with all licensure issues, so that you can help others. Contact us today.

REPRESENTATIVE CASES

Registered Nurse (RN) v. Board of Nursing (BoN)
Home health care nurse with over 20 years experience had complaint brought for a single incident where a patient was unable to be fully assessed due to unsafe conditions at the home. At informal settlement conference, the proposed sanction of work restrictions, monitoring and formal reprimand was reduced to a warning only.

Registered Nurse (RN) v. Board of Nursing (BoN)
Accused of misuse of controlled substances, client’s nursing license was revoked on a default judgment. More than ten years later, client sought FosterLaw’s assistance in seeking reinstatement of the license. FosterLaw attorneys successfully petitioned for reinstatement, negotiating with BON attorneys to achieve settlement terms that allowed client to practice nursing in the State of Texas again.

Licensed Vocational Nurse (LVN) v. Board of Nursing (BoN)
Client held nursing licenses in two states. After being reprimanded by the nursing board of another state for unintentionally failing to renew her license for that state, client was investigated by the Texas Board of Nursing for allegedly failing to report the reprimand. Client learned the value of legal representation when dealing with the out-of-state Board, so FosterLaw attorneys were engaged early in the process. Because of FosterLaw’s skillful response presentation, client was able to keep an unencumbered license. The only penalty was a minimal fine and continuing education requirement.

Registered Nurse (RN) v. Board of Nursing (BoN)
The Board’s new required fingerprinting and criminal history background checks brought a 33-year-old misdemeanor offense to light. Alleging that the client had violated the Nursing Practice Act by failing to report the conviction, the Board of Nursing brought Formal Charges and threatened Disciplinary Action. FosterLaw attorneys were able to have Disciplinary Action dismissed with a minimal administrative penalty and required completion of a continuing education course.

R.N. v. Board of Nursing (BoN)
The Board’s new required fingerprinting and criminal history background check revealed a deferred adjudication from seven years prior. Alleging that the client had violated the Nursing Practice Act by failing to report the conviction, the Board of Nursing brought opened an investigation and requested a response from the client. FosterLaw attorneys responded on the client’s behalf, and the investigation was closed with no action taken.

NEWS

New Senate Bill Requires TDLR to Provide Proper Notice to Licensees of Alleged Violations
Last session’s Senate Bill 1267 amended the Administrative Procedure Act, which governs the procedures associated with administrative hearings, such as those in front of Texas licensing boards. One of the new rules requires that a notice of hearing against a licensee must now include a statement of alleged facts. In the past, some of our clients would face a list of rules they had allegedly violated, but without any explanation as to how these rules were violated, and FosterLaw would have to fight to receive proper notice for our clients. This amendment will increase fairness in agency hearings by prevent licensing boards from withholding this crucial information.

Pending Bills At The Texas Legislature Affect Occupations Code
FosterLaw closely follows proposed legislation that will affect professional licensees. Of particular note is HB 3981 which would allow the license holder to elect to have an administrative law judge from State Office of Administrative Hearings (SOAH) be the final decision maker rather than board members; SB 1082 which would create an informal hearing process that a licensee could elect before a license suspension or revocation; and HCR 97 which would create a joint interim committee to study licensing and issues for reform.

Jurisprudence And Ethics Course Now Required For All Nurses, September 10, 2014
Effective February 23, 2014, all nurses are required to complete at least two contact hours in nursing jurisprudence and ethics prior to the end of every third licensure renewal cycle. 22 Tex. Admin. Code 216.3(g). In other words, every six years, registered nurses, licensed vocational nurses, advanced practice nurses, and nurse practitioners must take a Board-approved jurisprudence and ethics course.

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