Texas Board of Nursing License Defense Attorneys
The attorneys at Ray & Weinstein, P.C. represent clients in Texas Board of Nursing License Defense cases. Texas Registered Nurses and Vocational Nurses face a significant number of rules and regulations promulgated by the Texas Board of Nursing. Any alleged violation of these rules and regulations can result in an obstacle to a Nurses ability to practice in Texas. The firm practices Texas BON License Defense. From Texas BON application Denial Hearings to Formal Charges, the firm’s goal is to provide effective and efficient legal representation to the firm’s Texas BON License clients in these Locations of Practice. The firm represents licensees possessing the following Texas Board of Nursing medical licenses:
- Advanced Practice Nurses
- Registered Nurses
- Licensed Vocational Nurses
Texas Board of Nursing License Defense Lawyers
Many individuals possess Nurse Licenses issued by Texas BON. Most Texas BON licensed Registered Nurses and Vocational Nurses have minimal or no contact with the disciplinary systems of the Texas Board of Nursing. For Texas licensed Registered Nurses and Vocational Nurses who become part of the Texas BON disciplinary process, the consequences are profound. The Texas Administrative Law disciplinary process is complex, procedural and time consuming.
Texas BON Investigation Defense Lawyers
The majority of Texas Board of Nursing License disciplinary investigations begin with the filing of a consumer Complaint. However, disciplinary investigations also can arise from other events, such as a criminal conviction or criminal investigation. Texas BON utilizes non sworn civilian investigators to conduct non criminal investigations against licensed Registered Nurses and Licensed Vocational Nurses. Texas BON works with Texas law enforcement agencies to investigate criminal and administrative law violations committed by Texas Registered Nurses and Vocational Nurses. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law.
It is important to have an attorney that understands the Texas Board of Nursing License disciplinary process. At the conclusion of a Texas BON investigation, Texas BON has several options. The Texas Board of Nursing can choose to close the Complaint. Texas BON can choose to issue an Administrative Penalty. The Texas Board of Nursing can also choose to refer the matter to its legal counsel for the filing of formal Administrative disciplinary charges, generally called Formal Charges. Texas BON legal counsel will determine whether cause exists to file Formal Charges. Texas BON may hold an Informal Conference with the licensee. In cases involving criminal conduct, the Texas Board of Nursing may refer the case to the District Attorney’s Office for criminal prosecution.
Texas BON Formal Charges Defense Attorneys
Formal Charges served on a Texas Nurse License holder serves as notice to a licensee that Texas BON intends to suspend or revoke the Texas Registered Nurse License or Texas Vocational Nurse License. The licensee, now called the Respondent, has only a specific number of days from the date that the Notice of Alleged Violation was served (not received, but served) to file a Request for Hearing. The failure to file a Request for Hearing results in a Default against the Texas Nurse License. A Default will result in the immediate Revocation of the Texas Nurse License.
The filing of Formal Charges is a serious matter that can result in the suspension or revocation of a Nurse License in Texas. In many cases, it is possible for licensees to reach a settlement with the Texas BON. An Agreed Order is a formal term for a settlement agreement. If An Agreed Order cannot be reached, the parties will proceed to a formal Hearing before the Texas State Office of Administrative Hearings (SOAH).
Texas Board of Nursing Hearing Attorneys
The Texas State Office of Administrative Hearings, also known as SOAH, hears Texas BON disciplinary matters. SOAH is headquartered in Austin, but may hold Hearings remotely or in other locations. Hearings may be held in Austin, Corpus Christi, Dallas, El Paso, Fort Worth, Houston, Lubbock or San Antonio. The Texas BON Administrative Law Hearing is a formal Hearing before an Administrative Law Judge.
The Administrative Law Judge, or ALJ, will issue a written Proposal for Decision approximately 60 days after the Hearing. The Texas Board of Nursing and the Respondent generally both have the ability to file responses to the Proposal for Decision, called Exceptions and Briefs. The Texas Board of Nursing’s action is called the Final Order. There are two main rights of Appeal of a Final Order. Texas Government Code § 2001.144 allows a licensee to file a Motion for Rehearing within 25 days after the Final Order is issued. If a Motion for Rehearing is denied, the Respondent can file a Request for Judicial Review in Travis County District Court in Austin. A Request for Judicial Review must be filed within 30 days of the denial of the Motion for Rehearing.
Texas Board of Nursing License and Criminal Convictions
Texas BON can discipline Nurse Licensees for criminal convictions. Administrative Law discipline for Texas Registered Nurses and Vocational Nurses primarily occurs for felony criminal convictions and criminal convictions related to the Nurse License. The Texas Board of Nursing and other law enforcement agencies also investigate criminal conduct by licensees in the course and scope of their license. Common criminal offenses that can cause Texas BON License discipline are:
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Texas BON License Denial Defense Attorneys
The Texas Board of Nursing thoroughly investigates all applicants for Nurse Licenses. Texas BON may deny licensees from other states and countries. Most Texas Nurse License denials occur due to criminal convictions, financial problems or misstatements on the Nurse License application. Denial Hearings and Formal Charges Hearings before the State Office of Administrative Hearings involve a similar procedure. However, in a Nurse License Denial Hearing, the applicant bears the burden of proof.
Texas Board of Nursing Petition for Reinstatement Lawyers
A Petition for Reinstatement allows individuals who have received a Texas BON License Revocation to reinstate their Texas Nurse License. The Petition for Reinstatement may result in an investigation by Texas BON. Subsequent to an investigation, the Texas BON may issue the license, issue the license with a corresponding Agreed Order (settlement), or deny the license. Texas BON may schedule an Informal Conference prior to determining whether to grant or deny licensure. Rehabilitation from past misconduct is a primary factor in a Petition for Reinstatement.