Nurses
Nurses commit their lives to assisting others, making it particularly distressing for them when confronted with accusations or legal issues that could potentially hinder their ability to carry out their duties.
The Phan Law Firm, P.C., is devoted to defending nurses, whether they are licensed vocational nurses, registered nurses, and/or advanced practice nurses, with respect to complaints that affect their licenses.
To address your specific requirements and consult a previous Assistant General Counsel of the Texas Board of Nursing (BON), please contact us online or call (512) 524-1620 today.
Understanding the Board Complaint Process
Written Notification from BON
Nurses will receive written notification from the Board of Nursing that they are being formally investigated. The written notification will contain each allegation of wrongdoing. In this notice of complaint letter, the Board of Nursing specifically alerts the nurse, referred to in this setting as the Respondent, that they are empowered and entitled to hire the assistance of an attorney. Read more>>
What Happens After the Complaint is Filed
Once a Board complaint is received from the originated source (e.g., hospital or nurse’s employer) and the Board, depending on the type of violation(s) involved, opens up an investigation against the nurse, and a complaint letter is prepared and sent to the nurse’s last known address on file at the Board as required of all nurses who must provide the Board of Nursing with an updated address, outlines the allegations in the complaint letter and provides cursory information and notice to the nurse. Read more>>
Important Considerations
A nurse should be aware that once an attorney is hired, the attorney is able to speak, visit, and negotiate directly with the Board investigatory staff and Board attorney on behalf of the nurse. When an attorney is hired, the Board of Nursing can no longer contact or visit directly with the nurse without that nurse’s attorney’s permission. Read more>>
Experienced Texas Board of Nursing (BON) Defense Lawyer
With over 15 years of professional license defense experience, Phong Phan, Esq. has an intimate understanding of the board complaint process, disciplinary proceedings, licensure issues, and SOAH contested case hearings. Both types of processes (substantive and procedural) are well known to Mr. Phan as he served as the Assistant General Counsel with the Texas Board of Nursing (BON), in addition to being the head attorney at the Texas State Board of Dental Examiners and a former State of Texas prosecutor exclusively dealing within the area of administrative law.
During his time as an in-house attorney at BON, Mr. Phong worked closely with the Board’s Director of Enforcement, Executive Director, Board members, and the investigatory staff. During his tenure at the BON, he regularly advised the staff regarding all types of disciplinary cases and practice violations in all kinds of practice settings, such as hospitals, home health agencies, travel nurses, etc. He also advised staff and board members regarding the eligibility of applicants with personal issues (e.g., criminal history) that may have prevented their licensure upon application.
Because of his unique background, Mr. Phan fully understands the disciplinary process at BON during all phases, having prosecuted thousands of violations of the Nursing Practice Act and the Board’s rules.
With the insight and experience he earned during his time at BON, Mr. Phong has successfully defended licensees, especially nurses, in board disciplinary complaints without compromising the feelings and concerns of his clients.
The firm understands the feelings of stress, anxiety, and angst associated with receiving a Board of Nursing complaint letter alleging serious misconduct. The firm understands that reputations, good standing, employment opportunities, and careers are at stake. The firm appreciates that these occurrences have concrete impacts on real people. As such, the firm takes a personalized approach to every case it handles.
Experience Matters
In private practice for the last 15 years, Mr. Phan has focused his practice exclusively on defending nurses and similar other health-related professionals against Board complaints and disciplinary proceedings. Both types of processes (substantive and procedural) are well known to Mr. Phan as he served as the Assistant General Counsel with the Texas Board of Nursing (BON), in addition to being the head attorney at the Texas State Board of Dental Examiners and a former State of Texas prosecutor exclusively dealing within the area of administrative law.
The disciplinary process is daunting, and each step requires an experienced attorney in this area who can provide sound, thoughtful legal advice at each instance so that the nurse is in the best position to understand the consequences of each action and make the best decision for him or her, depending on the unique facts of each case.
Nurses often feel alone when faced with a Board complaint, not knowing who to turn to for help involving a complaint brought by the Board of Nursing. The Phan Law Firm, P.C., understands this. Candidly, the decision to hire an attorney is a critical and important decision, one that is not to be taken lightly. Given the years of education and training by nurses, the firm expects that each potential nurse-client will continue to do his or her due diligence in researching an attorney and finding an attorney and firm that can best obtain the right result for him or her. One of the key considerations, the firm believes, is whether that attorney has experience with the Board of Nursing and has defended nurses before the Board of Nursing. The Phan Law Firm has the right expertise for the best possible results.
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