When a Nurse in Texas learns from the Board of Nursing that they have been alleged to have violated standards of care of the profession, laws, or Board rules, it can bring up a load of questions, alongside plenty of stress. Given how many levels of rules and regulations—state and federal—that a nurse must remain aware of and act in compliance with, and given that many nurses are generous, caring people by nature, it can often be the case that ensuring their rights as a nurse are protected doesn’t come very naturally at all.
Nurses sometimes make the mistake of believing that the Texas Board of Nursing exists in part to represent their interests, or at the very least to give them some leniency in hearings. But this is unfortunately not at all the case. It is an administrative board, whose stated purpose is the protection of the public. In effect, this means that when a complaint is filed against a nurse’s license, the Board becomes like a prosecutor—not necessarily interested in a nurse’s interests. Any answer a nurse gives to an investigative inquiry may be used against them. And that’s bad news when, as is the case in such a situation, a nurse’s career and livelihood are at risk.
Nurses unfamiliar with the complaint process can be unaware that having legal representation to help is not viewed as an admission of guilt, nor does it make them look guilty. Rather, it tends to be viewed as an affirmation of a nurse’s continued desire to maintain practicing their chosen profession.
So, while a nurse must provide an investigator with all the information requested of them, it’s always recommended that an experienced professional defense attorney be brought in to aid them in gathering the pertinent information so it can be relayed in a manner that most strongly supports their case. And the earlier we are included in a nurse’s defense, the more we can do to contain and direct the scope of the investigation. In fact, it’s best to contact us immediately after receiving notice of the complaint.
So if your nursing license has been threatened due to some perceived breach of requirements, BERTOLINO LLP can help. We are experienced license defense attorneys and we know how to navigate the appeals process before the Texas Board of Nursing. We are skilled at assisting professionals in determining the course of action that will be beneficial or detrimental to their career, depending on the particular situation.
With offices in Austin, Houston, and San Antonio, we serve medical professional clients all over the state. Contact us today or call (512) 476-5757 and schedule a case evaluation.
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