The Texas Board of Nursing does not always permit an Informal Settlement Conference for a nurse whose license is under review due to a complaint. These conferences are most often set aside for cases in which credibility is one of the primary issues at question, or for nursing practice cases or issues of advanced practice. Yet, in circumstances where such a Conference would be beneficial to a nurse’s case, an experienced professional license defense attorney may be able to persuade the Board to hold one. A denied request for a Conference generally means that the case will proceed to contested litigation before the State Office of Administrative Hearings, which can be costly and is therefore one good procedural reason for the Board of Nursing to accede to such a request, so long as a legitimate reason for holding a Conference is put forward.
If the request for an Informal Settlement Conference is accepted, then the Conference will be held by the Executive Director (or, in some cases, a stand-in designee of the Executive Director), the investigator, the Enforcement Director, and the General Counsel. Here the officials will ask pointed questions of the licensee pertaining to the allegations made against them. It is always helpful to prepare for the conference, which is something we at BERTOLINO LLP are skilled at assisting a nurse in doing. The presence of an attorney always stands a good chance of making these Conferences more likely to proceed positively, not least due to the aid we provide in setting a frame for the nurse’s defense.
Following the question and answer session, the licensee is usually dismissed. The Conference staff members then deliberate the issues at hand, before calling the licensee and their attorney back into the room to announce their decision: either the case will be dismissed at this point, and the investigation closed, or the decision to proceed with disciplinary action will be maintained with the production of (or continuation of) an Agreed Order.
Professional Nursing License Defense
BERTOLINO LLP provides aggressive advocacy for nursing professionals who are facing disciplinary action before the Texas Board of Nursing. We have consistently won significant cases for nurses dealing with issues that could jeopardize their ability to work. We know how to build a strong case to protect your license—and your livelihood. Sometimes that includes an Informal Settlement Conference. We highly recommend no nurse attempt to handle a complaint made against their license without the aid of a professional license defense attorney.
Our law firm helps professionals, like you, keep their licenses when those licenses are under attack by a state agency or board.
With offices in Austin, Houston, and San Antonio, we serve clients all over the state. As experienced attorneys, well-versed in state and federal laws, we know how to win. Our results speak for themselves!
If you are facing disciplinary action from a professional licensing board, contact us today or call (512) 476-5757 and schedule a case evaluation.
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