Attorneys who focus on RN license defense are laser focused specialists in administrative law. Admin law covers a very broad range of legal matters and professional license defense is just one of those areas; there are only 32 professional licensing boards under the Department of Consumer Affairs.
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We represent nurses in forming corporations and limited liability companies, in applications for home health agencies, nurse registries, health care clinics and other types of facilities regulated by the Agency for Health Care Administration (AHCA). We also defend nurses in licensure and regulatory matters.
We have vast experience with such common disciplinary matters as: Our licensure attorneys also have experience handling more complex disciplinary actions against nurses, such as criminal prescription fraud and drug distribution charges. In addition, our lawyers for nurses help nurses who have difficulty obtaining or renewing a nursing license.
The lawyers of The Health Law Firm routinely provide legal representation to nurses in a variety of different situations. If you receive notice that the Department of Health has opened a Board of Nursing investigation against you, contact The Health Law Firm before you talk to an investigator.
Because the board of nursing and the nurse practice act are created by a state’s government (through its legislature), unique safeguards exist for any licensee, including a nurse licensee.
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Chapman Law Group’s criminal defense lawyers are unique in that they only represent health care providers. Their combined knowledge and experience in criminal law and health care law allows them to handle the most complex cases against physicians and nurses.
In the enforcement of a nurse practice act, the state board of nursing must function in a fair and just manner when exercising its authority to discipline a license, which includes placing the licensee under probation, levying fines for a violation of the act or rules, suspending the nurse’s license, and revoking the license, as examples.
The protections afforded a nurse licensee who has allegedly violated the nurse practice act or its rules and must answer to the state board of nursing are grounded in the act and rules themselves, as well as the state and United States Constitution. Because the board of nursing and the nurse practice act are created by a state’s government (through its legislature), unique safeguards exist for any licensee, including a nurse licensee.
Because the board of nursing and the nurse practice act are created by a state’s government (through its legislature), unique safeguards exist for any licensee, including a nurse licensee. As you know, nursing licenses are granted after an individual succeeds in graduating from an approved nursing education program, ...
In any situation where one is alleged to have done something, legal representation is essential in order to defend against those allegations. Not having legal representation is foolish at best. Check your own nurse practice act and rules and identify what rights you have when you are faced with an allegation that you have violated ...
The right to have the decision of the board reviewed by a court. (“administrative review”). (2) Many times nurses think that hiring an attorney, even when faced with a formal hearing, signifies their “guilt” concerning the allegations against them. Nothing could be further from the truth.
It is important to note that the nurse licensee has a right not to speak to the investigative team. The only obligation the nurse licensee has when the board of nursing is involved is to meet with the board or be present at a formal hearing. (1)
For example, the board may be required to have a stenographer present during any formal hearing when it decides this approach is the one it wants to take with the allegations made against the nurse licensee. Likewise, the board may be required to utilize hearing officers that either work for the board or who do not work for ...
Most states, Florida included, do not require you to make any statement to an investigator (or attorney) working on a Board of Nursing complaint, and we recommend that you not do so. In fact, under Florida law, your constitutional right ...
Furthermore, BON representatives are not able to give you legal advice on what to do. Even if you do speak with an attorney representing the BON, that attorney is not allowed by law to give you legal advice. Remember, the attorney representing the BON works for the state and is similar to a prosecutor.
A hospital will have insurance (or will self-insure) to cover itself, not you. A nursing home may have insurance to cover itself, not you. If you have a complaint filed against you with the Board of Nursing, it is very rare that your employer will pay ...
If you have nursing malpractice insurance, your professional liability insurance will most probably pay for your legal defense of a complaint filed against you, for a subpoena sent to you or for any deposition you must give. The need for defense of a complaint filed against you with the state licensing agency occurs many times more frequently ...
The Texas Board of Nursing ( BON) regulates the practice of nursing through power granted to it by the state legislature pursuant to the Texas Nursing Practice Act. The act authorizes the Board to issue licenses and subsequently discipline nurses for violations of the Nursing Practice Act and the administrative rules and regulations ...
There are over 300,000 licensed nurses in Texas and the Board of Nursing is known as one of the most active and punitive of the state licensing boards. This number is significantly larger than the combined total of licensees overseen by the Texas Medical Board, Texas State Board of Pharmacy, Texas State Board of Dental Examiners, ...
At the outset, investigations conducted by the Texas Board of Nursing are confidential and not subject to public disclosure. If an investigation progresses far enough without being dismissed, however, the case becomes public after the Board files formal charges against a nurse’s license.
The Board also has the ability to open complaints on their own initiative when they come across potential violations during their investigation of another nurse.
As the general trend in health care appears to be a drift towards more treatment by skilled nurses in all settings and an increased reliance on Nurse Practitioners and other Advanced Practice Nurses in primary care, the Nursing Board’s mandate can only be expected to continue to grow along with the state’s burgeoning population.