Petition For Declaratory Relief Filed By A RN Nurse: How Did It Go?

Houston Nurse Attorney, Houston Nurse Attorneys, Nursing Best Practices

by | Mar 4, 2018

Being a registered nurse in Texas comes with certain obligations and responsibilities. If you want to continue practicing in the nursing profession, one of the important things that you need to do is to comply with the rules and regulations set by the Texas Board of Nursing (BON). Every RN or LVN nurse in this state is subject to the jurisdiction of the Board of Nursing. Whenever there are administrative complaints against registered nurses, the Board will have authority to hear and decide the merits of the cases.

In every proceeding before the Texas Board of Nursing (BON), the first thing that you need to remember is to get the assistance of a nursing defense attorney. At this point, it is important to note that exercising your right to counsel will be beneficial on your part. Keep in mind that even if a legal counsel does not represent you, the proceeding or hearing of your case will continue. When this happens, there is a high probability that you will eventually lose in the case.

The case in point here is one where an RN nurse named Glemarie filed a Petition for Declaratory Order before the Texas Board of Nursing (BON). She requested a determination of eligibility for renewal in compliance with Section 301.252, 301 .253, 301.258 Texas Occupations Code and Section 22 of the Texas Administrative Code. Because of the RN nurse’s negligence in not hiring a lawyer, the petition was dismissed by the Board.
Article I. Findings and Declaration of Purpose
(a) The party states find that:
(1) the health and safety of the public are affected by the degree of compliance with and the effectiveness of enforcement activities related to state nurse licensure laws;
(2) violations of nurse licensure and other laws regulating the practice of nursing may result in injury or harm to the public;
(3) the expanded mobility of nurses and the use of advanced communication technologies as part of our nation’s health care delivery system require greater coordination and cooperation among states in the areas of nurse licensure and regulation;
(4) new practice modalities and technology make compliance with individual state nurse licensure laws difficult and complex;
(5) the current system of duplicative licensure for nurses practicing in multiple states is cumbersome and redundant for both nurses and states; and
(6) uniformity of nurse licensure requirements throughout the states promotes public safety and public
health benefits.

(b) The general purposes of this compact are to:
(1) facilitate the states’ responsibility to protect the public’s health and safety;
(2) ensure and encourage the cooperation of party states in the areas of nurse licensure and regulation;
(3) facilitate the exchange of information between party states in the areas of nurse regulation, investigation, and adverse actions;
(4) promote compliance with the laws governing the practice of nursing in each jurisdiction;
(5) invest all party states with the authority to hold a nurse accountable for meeting all state practice laws in the state in which the patient is located at the time care is rendered through the mutual recognition of party state licenses;
(6) decrease redundancies in the consideration and issuance of nurse licenses; and
(7) provide opportunities for interstate practice by nurses who meet uniform licensure requirements.

If you are looking for a Texas nurse license defense lawyer that has a proven track record in this practice area, contact the Law Firm of Yong J. An 24/7 by calling or texting him at (832) 428-5679 for a confidential consultation. Mr. An has over 12 years’ experience handling Texas BON disciplinary action cases and has helped several dozens of nurses in Texas protect their nursing license.

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I consider Yong as the biggest blessing in my life for this year. While I was practicing as a professional nurse in Texas, I received an order from the BON limiting my practice. This was problematic for me since I wanted to continue working for my employer. Yong was the one who wrote a reply letter to the Board and explained my innocence. He made all the necessary arrangements, which led to the issuance of an order in my favor…

Amelia

I searched for a Texas lawyer who is good at handling nursing defense cases. During my research, I came across the website of Mr. Yong. I read positive comments from his previous clients, which made me become more interested in what he does. Because of this, I tried to send a message via the website. What made me really happy was the fact that a member of his team responded right away! He was so nice to me. I wish there won’t come a time that I would require the services of a lawyer. But right now, I have to say that I will recommend his firm to those who are in need!

Ainsley

The nice thing about Mr. Yong is that he is an expert in the legal aspect of the nursing industry. He has this ability in helping clients to feel calm and more relaxed while the case is going on. With his efforts, he was able to dismiss the case filed against me. I was able to keep my nursing license because of him. My case was quite difficult but he won! This only shows that he is an amazing and skilled lawyer in Texas.

Alexandria