Nursing License Defense and Representation

Texas Nursing License Defense and Representation

Nurse Defense Attorney

All Texas Registered Nurses (RN), Licensed Vocational Nurses (LVN), Nurse Practitioners (NP), Certified Registered Nurse Anesthetists (CRNA), Advanced Practice Nurse (APN), and graduate nurses facing any type of investigation or complaint by the Texas Board of Nursing, any local, state or federal law enforcement, or any state or federal regulatory agency may be subject to a license probation, reprimand, suspension or revocation. A Texas nurse may be terminated from their current nursing position or kept from any future employment unless the investigation is dealt with immediately and proactively.

Do I Really Need an Attorney?

Please know and understand that it does not make you look guilty to have an Attorney.

If you are being investigated or questioned by either your current employer or any agency, hiring an attorney is the smart thing to do. A nurse can inadvertently make statements against their own personal interests without realizing they are doing it. You need an advocate on your side to ensure that you are protected. You should do everything in your power to protect your rights as the Texas Board of Nursing board is not there to do that for you. After all, your Texas nursing license may be on the line and so is your livelihood.

Remember that the Texas Board of Nursing is an administrative agency, and even though they may appear to be there to represent you, their main purpose is to regulate the practice of nursing and protect the public. In other words, blindly answering questions without proper guidance, could potentially affect your ability to continue your current livelihood as a nurse. Again, a Texas nurse should have an attorney familiar with professional license defense, advocate and protect your best interests, your license and career.

IMPORTANT *** IF YOU HAVE BEEN CONTACTED BY THE TEXAS BOARD OF NURSING AND/OR LOCAL, STATE, OR FEDERAL ENFORCEMENT, OR YOUR EMPLOYER, AND 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.

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, and any of the following scenarios apply to you, contact the LAW OFFICE OF BRIDGET EYLER AT (214) 540-7750, to seek legal counsel and protect your license.

• A Texas Nursing Board investigator or any investigator (including law enforcement agencies, hospital police, or your human resource representative) contacts you and wants to discuss a complaint filed against you;
• A Texas Board of Nursing Board investigator requests to conduct a telephone interview of you regarding a complaint filed against your nursing license;
• 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 and is due to a complaint filed against your license;
• You are planning to self-report (or someone has told you to report) to a Texas Board of Nursing for Alcohol/Chemical Dependency;
• The Texas Nursing Board has asked you to sign a Consent Agreement, Consent Decree, or an Agreed Order and you need help understanding the terms and conditions and how the document will impact your nursing license and your nursing career;
• You received a letter from your current or past employer or colleagues requesting you to “self-report” an incident to a Texas Board of Nursing;
• The Texas Board of Nursing requests you to provide a written statement to the Board regarding the allegations in a complaint filed against you;
• 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;

Again, if you have been contacted by the Texas Board of Nursing and/or local, state, or federal enforcement, or your employer, and 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. It is imperative for you to invoke your right to legal counsel and contact an attorney before you answer any questions or provide a written statement to your employer, law enforcement or any regulatory agency, and/or the Texas Board of Nursing.

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.

Accused of Substance Abuse or Diverting Narcotics or Drug Diversion?

At Eyler Law Office we provide legal representation to nurses in a variety of situations. If you are accused of diverting drugs from a Pyxis machine, Diebold, or other brand of automated pharmacy dispensing machine, please contact Eyler Law Office at (214) 540-7750, immediately.

We are often 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. It is a charge that should be taken very seriously. We have represented nurses who have been fired by their employer and reported to the Texas Board of Nursing or to local law enforcement for criminal prosecution. Even if no criminal charges were filed the report can cause problems for nurses with the nursing board and you still have your nursing license to protect.

Texas Board of Nursing Investigations – Settlement Offers – Agreed Orders

Before a Registered Nurse (RN), Licensed Vocational Nurse (LVN), Nurse Practitioner (NP), Certified Registered Nurse Anesthetist (CRNA), Advanced Practice Nurse (APN), or graduate nurse should accept a settlement offer or proceed to any nursing board hearing, they need to consult with an attorney who knows how to handle occupational license defense cases. A nurse should only proceed forward into such hearings after they fully understand the nursing board process and have an idea of what lies ahead for their nursing license and career. A nursing license is usually one’s livelihood, and for many nurses it is the only marketable skill upon whichthey rely on for employment. Every nurse should be prepared to defend their license by finding an experienced and aggressive attorney who will help them do so. At Eyler Law Office, we will be by your side taking you through every step of the process.

Criminal Charges

A nurse who is under investigation or who is accused of any criminal activity, even a misdemeanor, may potentially face a nursing board investigation. Criminal convictions that seem unrelated to nursing practice still may create licensure problems for nurses. Some criminal charges such as theft, shoplifting, forgery, criminal mischief, criminal trespass, assault, or driving under the influence (DWI), may seem minor but can create permanent professional damage.

At Eyler Law Office we are equipped to handle both sides of the matter, the criminal proceeding and the administrative/regulatory side with the nursing board. Keep in mind that many criminal lawyers who advise a nurse to accept a plea agreement or deferred adjudication may not be experienced enough to counsel or advise a nurse on how a plea agreement can impact a nursing license or the future of your nursing career. Any plea agreement, whether it is a probation or deferred adjudication, could potentially trigger a Texas Board of Nursing investigation and potential disciplinary action and/or suspension or revocation of your nursing license. Eyler Law Office is highly qualified in handling both the criminal investigation/case and the nursing board complaint and/or investigation. With Eyler Law Office handling both sides of your case you can feel confident that your rights in both the criminal and the administrative/regulatory case with the nursing board will be fully protected. Call us at (214) 540-7750, or email us to discuss your case.

HIPAA – Privacy Violations

Federal HIPAA violations, state privacy laws and institutional policies all address patient privacy rights. Nurses accused of violating these rights can potentially face legal problems that could involve adverse employment actions, civil lawsuits, nursing board disciplinary action or even criminal charges. Some typical scenarios involve when a nurse inappropriately accesses and/or discloses personally identifiable health information. All nurses should be ever vigilant to know and understand privacy policies for caring for high profile patient cases, celebrities or co-workers as patients, or any type of patient case.

HIPAA Violations and Social Media (Facebook, Twitter, …)

Another huge potential liability for nurses is the inappropriate use of social media and social networking. 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 a nurse who has been accused of a HIPAA privacy violation, it is important for you to immediately seek experienced legal counsel who is experienced in this very intricate area of law. At Eyler Law Office, we have the experience to help nurses with any potential legal issue. Call us at (214) 540-7750, or email us for a free initial consultation.