You need to hire a lawyer for some assistance whether it be for a case before the Texas Board of Nursing/BON, or a family law matter, or a real estate issue, or a criminal matter, or whatever.  How do you make sure you find an attorney that is current on laws or rules?  I have just concluded two days of continuing legal education for Texas Administrative Law (this is the area of law involving regulatory agencies such as the Texas Board of Nursing/BON).  What I found surprising were how many lawyers that advertise that they represent nurses were missing from the conference roster ..read more

 I have posted before on why nurses should obtain malpractice insurance and the myths nurses are told that keeps them from protecting themselves.  Once again I have to present options to a client and because of the HUGE expense of fighting the BON, the nurse is unable to make the BON prove up the allegations with evidence.  Over and over, I shake my head with disgust that a nurse has to settle for discipline when the facts of the case do not support discipline.  Until nurses have the financial ability to fight the BON, the Board will continue to do what they want and contin ..read more

The answer is simple and quick---YES, YES, YES!!!  Nursing Defense Attorneys advise nurses who interact with patients to carry their own malpractice insurance. The biggest worry is not getting sued in civil court, but rather an investigation by the Board of Nursing.  Malpractice insurance typically covers professional license defense and this is a HUGE reason to pay a little money every year to a nursing malpractice insurance company to ensure that if a complaint is filed against you there is money to hire an experienced defense attorney. Nurses continue to refuse insurance due to ..read more

I continue to hear from nurses (who have spoken with other attorneys in regards to criminal convictions) that are told they are going to receive disciplinary action or that they will have to obtain some type of evaluation; in many cases this is not true because the guidelines changed.  The Texas BON revised  their criminal guidelines in 2018 and some attorneys apparently have not kept up with the new regulations and policies.  What the Texas BON used to do in response to convictions before 2/2018 has changed and you need to be sure you are receiving current information.  Be ..read more

This is from my firm's website, www.nursingattorney.com: Nurses always ask what can they do to improve  the regulation of their practice by the Texas Board of Nursing.  There are questions of how to make the process more fair, especially for those nurses who have never had a violation before and have a wonderful history of nursing practice.  Now, nurses can make a difference and ensure that two proposed rules pass; two proposed rules which will benefit nurses in Texas. All nurses should read the recently proposed changes for the BON's  rules sections §213.32, Corrective A ..read more

If the BON asks a question on application/renewal paperwork, answer the question truthfully.  The area which trips up more Texas nurses is the criminal background question.  This particular question has undergone multiple changes and refinements based on what the Board heard back from nurses who did not understand the question.  When in doubt, answer the question "yes" rather than marking "no".  If you have been involved with the Police, arrested, jailed, posted bail, anything associated with the criminal system, you will most likely have to answer yes (the only exception i ..read more

On July 3, 2012 a public hearing was held by the Texas Board of Nursing regarding the proposed rule changes to 22 Texas Administrative Code 213.23. The proposed rule changes will significantly alter what an Administrative Law Judge is able to do when issuing a PFD (proposal for decision).  This has been a hot issue for several years in Texas and there has been a movement to allow the State Office of Administrative Hearings Judges be the final decision maker instead of the current procedure which sends the Judge's PFD to the Board and the Board determines if they are going to accept the PF ..read more

It is very important to take the right actions when you are a  nurse with a criminal history or a recent arrest and you are going to have to inform the BON:  1.  Do NOT lie to the Board because this will increase the punishment against you or it may change a criminal incident from a "no action" to a disciplinary action. 2.  If you can, immediately get an expungment or at least an Order of Nondisclosure (sealing of the records).  I love when a nurse has an expungment because it makes the issue so much more clean and easy to deal with.  Even if you can only get an ..read more