How to Protect Your Nursing License from Suspension

As a nurse in Texas, maintaining your professional license is essential to your career and livelihood. However, even minor infractions or misunderstandings can put your license at risk. If you are facing a complaint or disciplinary action, it is crucial to seek immediate legal support. Lype, Dest & Smith can help protect your rights, navigate the complex legal system, and safeguard your future. At Lype, Dest & Smith, we provide experienced legal representation for nurses throughout Texas.

How to Protect Your Nursing License from Suspension

Common Reasons Nurses Face License Suspension

Nurses can face disciplinary actions for a variety of reasons. Understanding these common causes can help you take proactive steps to avoid license suspension:

Substance Abuse or Impairment on Duty

The Texas Board of Nursing (BON) enforces strict regulations regarding drug or alcohol use. If a nurse is suspected of impairment while on duty, it can lead to an investigation and potential suspension.

Negligence or Patient Harm

Errors in medication administration, failure to follow safety protocols, or any action resulting in patient injury can lead to severe disciplinary consequences.

Criminal Charges, Convictions, or Probation

Any criminal offense, particularly those related to theft, assault, or drug-related crimes, can impact a nurse’s ability to maintain their license.

Failure to Maintain Proper Documentation

Inaccurate or incomplete medical records may be a serious ethical violation, leading to potential board action.

Unprofessional Conduct or Ethical Violations

Workplace disputes, harassment claims, or violations of patient confidentiality can also result in disciplinary proceedings.

How a Nursing License Defense Attorney Can Help

If you are under investigation, you may feel overwhelmed and unsure of what steps to take. An experienced attorney can help in several key ways:

• Assessing the Case: A lawyer will review the complaint against you and determine the best course of action.
• Gathering Evidence: Proper documentation and witness statements can strengthen your defense.
• Communicating with the Board: Your attorney will handle official correspondence to protect your rights.
• Representing You in Hearings: Legal representation is critical to achieving a favorable outcome if your case goes to a board hearing.

Lype, Dest & Smith understands Texas nursing regulations and can build a solid defense strategy tailored to your case.

Legal Strategies to Prevent Nursing License Issues

Steps to Take If You Receive a Board Complaint

If you receive a notice from the Texas Board of Nursing regarding a complaint, it is essential to act quickly. Here are the necessary steps to protect your license:

• Do Not Ignore the Notice: Failing to respond can result in automatic disciplinary action. Under Texas law, nurses have a limited timeframe to respond to board investigations. According to Texas Occupations Code §301.458, the Board must file Formal Charges if there is no agreed disposition of the complaint.
• Consult an Attorney Immediately: A defense attorney will help you prepare a response and develop a strong legal strategy.
• Gather Relevant Documents: Collect performance reviews, incident reports, and other evidence supporting your case.
• Avoid Speaking to Investigators Alone: Anything you say can be used against you. Your attorney should be present during any official interviews and should handle all correspondence.

The Role of a Nursing License Defense Attorney

An experienced attorney will argue your case to ensure the Texas BON listens to your side of the story. Nursing professionals who face the board negotiate with the board to minimize any discipline, contest unjust claims, and offer help with complying with nursing laws and ethics, which can help protect your future in nursing.

Finding the Best Nursing License Defense Attorney 

Key Qualities to Look for in a Defense Attorney

Choosing the right attorney is essential for a successful defense. Look for these key qualities:

• Experience in Nursing License Defense: An attorney with a track record of defending nurses before the Texas Board of Nursing is crucial.
• Knowledge of Texas Nursing Laws: Each state has unique regulations, so hiring an attorney familiar with Texas laws is vital.
• Strong Negotiation Skills: A lawyer who can negotiate reduced penalties or case dismissals can significantly affect the outcome.

Questions to Ask Before Hiring Legal Representation

Here are four questions to ask an attorney before deciding whether they’re right for your case:

• What is your experience with nursing license cases?

• What could be the possible consequences of my case?

• Do you provide a free consultation?

Protect Your Career – Contact Us Today

If your nursing license is at risk, don’t wait to seek legal help. At Lype, Dest & Smith, we specialize in nursing license defense and are committed to protecting your career. Call 512-881-3557 today to schedule a consultation with a nursing license defense attorney and take the first step toward safeguarding your professional future.

Dan Lype

Not afraid to go to court when necessary, Dan has successfully litigated cases all the way to the Supreme Court of Texas. Dan also prides himself on being readily available to clients throughout their cases. He strongly believes effective representation should be a collaborative effort between a client and their attorney.

Years of experience: 15 years
Justia Profile: Dan Lype
Bar number: 24065658
Location: Austin, TX