The Nurse Licensing Defense Attorney – At The Service Of Nurses
The nursing profession is undeniably one of the most honourable and important professions in the land today. After all, these healthcare providers are the ones who make sure that each patient is accorded with the due care and attention that they need.
Unfortunately, there are some instances, when nurses, with or without cause, are subjected to disciplinary proceedings that endanger not only their means of livelihood but their profession as well. And this is where the Nurse Licensing Defense Attorney comes in.
Before proceeding, it will be useful to know that nurses are under the control, supervision and power of the Texas Board of Nursing. This is in accordance with the Health and Safety Code, the Texas Administrative Code, and the Nursing Practice Act.
Under these laws, the Board has the power to regulate and enforce its policies with regards registered nurses, licensed vocational nurses, or those who have advanced practice nursing designations, such certified nurse anaesthetists, clinical nurses and nurse practitioners. The Board is likewise provided with the power to prescribe any rights and obligations with regards the profession and for any conditions thereof.
The Legal Side Of The Nursing Profession
In light of the aforementioned powers of the Board, it follows that it likewise has the power to issue or reject licenses that nurses have applied before it, or, to discipline, suspend and remove the licenses of nurses in light of violations of the Nursing Practice Act.
The grounds for disciplining nurses, pursuant to the law include, but are not limited to the following: violations of the nursing standard of care, violations on sexual and personal boundaries, falsification or falsehood in the licensing application, chemical dependency, drug and alcohol use, deception, fraud, theft, the commission of criminal offenses, malpractice judgments against them, offenses that tend to defraud the public, and other grounds that will hold the said nursing professionals liable, which may subject them to sanctions as deemed necessary by the appropriate Board of Nursing.
If the nurses are found guilty on the said grounds, the penalties may include but are not limited to the following penalties, namely: revocation of license, suspension of license, active suspension in relation to probation, fines, mentoring, observation, restricted practice, public reprimand and others that the Board may deem fit and necessary.
As a rule, proceedings against a nursing professional can be initiated with the filing of the necessary complaint submitted to the Board of Nursing, stating the facts and the grounds that hold the nurse in violation of the law.
It must be noted, however, that the Board can only act on complaints if the nurses are actually under its jurisdiction, which means that they must have been registered and licensed under the state that they are exercising power on. If not, then the complaints will be referred to other agencies for proper legal actions accordingly.
Complaints must likewise contain the proper pieces of evidence necessary to establish fault. Hence, it must contain factual, firsthand and verifiable information. If possible, documentary evidence must likewise be adduced to further strengthen the case. In some instances, anonymous complaints may be reviewed, but only if they contain the necessary evidences that will establish the nurse’s fault. If not, then it will be dismissed accordingly.
The details of the investigation by the Board will be confidential and will not be of public record. However, as mentioned earlier, there may be subsequent disciplinary or criminal actions that may involve some information to be disclosed to the public.
In Defense Of The Nursing Profession
As the number of those practicing the nursing profession has been increasing, the number of cases filed against them has also, unfortunately, increased. With this, the need for the services of an experienced Nurse Licensing Defense Attorney has become indispensable.
This importance of a Nurse Licensing Defense Attorney stems from the fact that not all complaints filed against nurses are as accurate or as truthful as they may seem to be. But with the expert knowledge of a lawyer, the truth will be ferreted out.
In some instances, although a complaint may allege certain truthful facts, but the party sought to be held liable therein (such as the nurse) may not actually be the party to be made accountable for, because he or she may have acted within his rights or obligations, or because other events actually contributed to the injuries of the complainant and not necessarily the acts of the respondent.
These are just some of the things that necessitate the services of a Nurse Licensing Defense Attorney. After all, if there is a person who knows what the legal rights and defenses of a proper party are – then it will be him.
In the end, with the help of a Nurse Licensing Defense Attorney, one will be accorded with the rights that he legally has. And this is what is important.