FosterDanowsky helps nurses respond to investigation requests for alleged violations of the Nursing Practices Act (NPA). Most matters can be settled prior to reaching the formal proceeding stage, which can save time, money, and emotional strain for everyone.

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The Board of Nursing (BON) takes complaints about your nursing practice seriously, and so should you. FosterDanowsky attorneys can represent you at any and all points throughout the disciplinary process, from initial reporting and responding through informal settlement and, if necessary, representation at a formal hearing. We guide nurses through the required reporting of criminal arrests and convictions and issues arising during the application process, such as responding to a criminal history investigation.

If a complaint is brought against you, the Board of Nursing will first assign an investigator to gather facts about the circumstances surrounding the complaint. The investigator has access to many sources of information, including state records, witnesses, and experts. During the investigation, you will receive a notice that an investigation has been opened, and you will have an opportunity to respond. Once the investigator has received your response, contacted witnesses, and gathered evidence, he or she will write a report. The report will be reviewed by an attorney who will dismiss the matter or pursue it by issuing formal charges. These formal charges begin the prosecution process.

Under the Texas Administrative Practice Act (APA), you are entitled to an informal settlement conference prior to any formal hearing. If no settlement is reached informally, the case will proceed to a hearing before an assigned administrative law judge at the State Office of Administrative Hearings (SOAH). At every stage, you have the opportunity to interact with the Board staff and every interaction affects the outcome of the case. FosterDanowsky can advocate on your behalf at every stage. As a professional who has achieved monumental academic, examination, and experience milestones in order to be licensed to practice nursing, investing in protection of your license is crucial.

Nursing is an honorable and respectable profession that allows practitioners to serve their patients in ways no one else can. If nursing is your chosen path, don’t let a single mistake stand in the way of fulfilling your dream. FosterDanowsky can help you with all licensure issues, so that you can help others.

Representative cases

Home health care nurse with over 20 years experience had complaint brought for a single incident where a patient was unable to be fully assessed due to unsafe conditions at the home. At informal settlement conference, the proposed sanction of work restrictions, monitoring and formal reprimand was reduced to a warning only.

Accused of misuse of controlled substances, client’s nursing license was revoked on a default judgment. More than ten years later, client sought FosterDanowsky’s assistance in seeking reinstatement of the license. FosterDanowsky attorneys successfully petitioned for reinstatement, negotiating with BON attorneys to achieve settlement terms that allowed client to practice nursing in the State of Texas again.

Client held nursing licenses in two states. After being reprimanded by the nursing board of another state for unintentionally failing to renew her license for that state, client was investigated by the Texas Board of Nursing for allegedly failing to report the reprimand. Client learned the value of legal representation when dealing with the out-of-state Board, so FosterDanowsky attorneys were engaged early in the process. Because of FosterDanowsky’s skillful response presentation, client was able to keep an unencumbered license. The only penalty was a minimal fine and continuing education requirement.

The Board’s new required fingerprinting and criminal history background checks brought a 33-year-old misdemeanor offense to light. Alleging that the client had violated the Nursing Practice Act by failing to report the conviction, the Board of Nursing brought Formal Charges and threatened Disciplinary Action. FosterDanowsky attorneys were able to have Disciplinary Action dismissed with a minimal administrative penalty and required completion of a continuing education course.

The Board’s new required fingerprinting and criminal history background check revealed a deferred adjudication from seven years prior. Alleging that the client had violated the Nursing Practice Act by failing to report the conviction, the Board of Nursing brought opened an investigation and requested a response from the client. FosterDanowsky attorneys responded on the client’s behalf, and the investigation was closed with no action taken.

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