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	<title>Health License Defense &#187; APRN</title>
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		<title>Professional Licensing and Criminal History &#8212; Sometimes it is oil and water</title>
		<link>http://www.healthlicensedefense.com/b/2011/04/professional-licensing-and-criminal-history-sometimes-it-is-oil-and-water/</link>
		<comments>http://www.healthlicensedefense.com/b/2011/04/professional-licensing-and-criminal-history-sometimes-it-is-oil-and-water/#comments</comments>
		<pubDate>Wed, 13 Apr 2011 22:19:47 +0000</pubDate>
		<dc:creator>Taralynn Mackay</dc:creator>
				<category><![CDATA[Doctors]]></category>
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		<category><![CDATA[APRN]]></category>
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		<category><![CDATA[TMB. Discipline]]></category>

		<guid isPermaLink="false">http://www.healthlicensedefense.com/b/?p=252</guid>
		<description><![CDATA[On Sunday, April 10, 2011, the Austin American-Statesman printed an article by Eric Dexheimer, Licensing handcuffs ex-cons. The article focuses on a problem our firm attorneys face frequently with clients &#8212; licensees or potential licensees are disciplined for criminal incidents which may have nothing to do with their licensed occupation or the discipline is too [...]]]></description>
			<content:encoded><![CDATA[<p>On Sunday, April 10, 2011, the <em>Austin American-Statesman</em> printed an article by Eric Dexheimer, <a title="Licensing handcuffs ex-cons" href="http://www.statesman.com/news/statesman_focus/texas-ex-offenders-are-denied-job-licenses-1389337.html" target="_blank"><em>Licensing handcuffs ex-cons</em>.</a> The article focuses on a problem our firm attorneys face frequently with clients &#8212; licensees or potential licensees are disciplined for criminal incidents which may have nothing to do with their licensed occupation or the discipline is too punitive when it is not needed to be so in order to protect the public.   On Wednesday, April 13, 2011, the <em>Austin American-Statesman Editorial, <a title="Licensing as a form of punishment" href="http://www.statesman.com/opinion/licensing-as-a-form-of-punishment-1394439.html" target="_blank">Licensing as form of punishment </a></em>said  it best, &#8220;No doubt Texas regulators have the best intentions in denying  so many-and in our view, too many-people with criminal pasts licenses  to work at jobs the state regulates.  That has created a system that now  does more harm than good.  Fixing it requires common sense.&#8221;  It is  well known that bureaucracies are only as good as the people working  there and at times there is a lack of common sense, but more severe, I think  there is a lack of empathy and the ability to step back and really look  at the issue before the Board and determine is there REALLY a threat to  the people of Texas.</p>
<p>When I read the article and the editorial I knew that many people will cheer the limiting of licenses to those with criminal histories, but I think they tend to focus on horrific crimes and don&#8217;t realize the impact made on people who commit crimes due to a lack of knowledge or because they are young or with the best of intentions.  If you do not speak to such people daily, then you cannot know the heartache and problems for the licensee or the ultimate ramifications for the public.  What about a licensee who is wrongly accused (it happens more than you think:  bad investigations, witness lies, evidence corrupted) and then convicted (Oh, and it does not matter the licensee received deferred adjudication  since some regulatory boards consider deferred adjudications as  convictions.).  A situation I have seen over and over is during a divorce or custody hearing, one of the spouses accuses the other of some crime and then lie or plant evidence; the other spouse is sure the law will find on their side since they are obviously innocent, but the legal system does not always work that way, so the innocent ex-spouse is now facing an investigation by the regulatory board.  The criminal incident has nothing to do with the licensee&#8217;s profession, but the licensee is investigated then disciplined and  loses their job and is now on public assistance because no one wants to hire them.  It happens again and again, professionals attempting to find work outside of their profession will not be hired because the potential employers think they will leave too soon, are too over-qualified, will challenge them for their position etc and a highly educated professional remains unemployed.</p>
<p>Mr. Dexheimer discusses so many cases where the state&#8217;s result does not appear to be justified; that there is no nexus between the criminal charge and the practice of that particular profession.   One of the examples involves pharmacist Emmanuel Kanu who lost his pharmacist license, not because of patient care issues or as a result of actions which could harm the people of Texas (potential patients/clients), but because he did not complete the proper <strong>documentation</strong> when he sent donated medications to a clinic in a third world county.  Mr. Kanu, a pharmacist with no patient care issues for 17 years, is now removed from being able to care for the Texas public for 10 years; how is this outcome reasonable or just? Would one consider Mr. Kanu to be a criminal?  Is his failure to submit the proper documentation in order to send these medications so heinous that we need to waste tax payer funds to convict him and then remove him from the professional workforce?</p>
<p>I also fear the public will ignore the message of this article (and  the subsequent editorial) because it deals with &#8220;ex-cons&#8221; or those with  criminal incidents when the message is so much more&#8211;the regulatory  agencies are vested with great power and there can be an unfair and  unjust tendency to abuse and overuse that power; once again, it depends on the individuals within the agency&#8211;there are some excellent staff members who warrant great respect, but there are also some who are not protecting the public, they are just punishing.</p>
<p>The problem our attorneys face is most licensees cannot afford to fight the regulatory boards and they are faced with accepting discipline which is not warranted or in some cases, even legal.  But, it is not clear sailing for those licensees that do choose to fight because as seen in Mr. Dexheimer&#8217;s article,  like Mr. Kanu, the licensee pays the money to fight the regulatory board, the licensee wins at the State Office of Administrative Hearings (SOAH) only to have the case overturned by the regulatory board.  This is such a wide spread problem that our attorneys testified during the last Legislative session urging Texas lawmakers to support a bill which would make SOAH decisions final and if either party wanted to appeal at district court, they could do so.  Making SOAH decisions final avoids the &#8220;second chance at the licensee&#8221; actions which occur now when boards overturn SOAH Judge recommendations.  Making SOAH decisions final levels the process and makes it fair for all involved.</p>
<p>These are problems which should be addressed and the regulatory system, if it is going to be vested with so much independent power, should be fair and just and able to stand up to scrutiny.  Ask yourself, who is on the side of the licensee?  Who is making sure there are enough professionals to provide care to the people of Texas?  Is the system driving good professionals out of practice or turning them into cynics who no longer see the benefit in caring?  The public, the boards, and licensees need to be aware of all sides of a situation; not jump to conclusions; and consider the ultimate impact on all.</p>
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		<title>New rules for APRNs and PAs by the Texas Medical Board</title>
		<link>http://www.healthlicensedefense.com/b/2010/06/new-rules-for-aprns-and-pas-by-the-texas-medical-board/</link>
		<comments>http://www.healthlicensedefense.com/b/2010/06/new-rules-for-aprns-and-pas-by-the-texas-medical-board/#comments</comments>
		<pubDate>Wed, 09 Jun 2010 22:18:16 +0000</pubDate>
		<dc:creator>Taralynn Mackay</dc:creator>
				<category><![CDATA[Doctors]]></category>
		<category><![CDATA[Nurses]]></category>
		<category><![CDATA[Other Professionals]]></category>
		<category><![CDATA[APN]]></category>
		<category><![CDATA[APRN]]></category>
		<category><![CDATA[BON]]></category>
		<category><![CDATA[deleg]]></category>
		<category><![CDATA[delegation registration]]></category>
		<category><![CDATA[PA]]></category>
		<category><![CDATA[Physician Assistant]]></category>
		<category><![CDATA[prescriptive delegation]]></category>
		<category><![CDATA[Texas Medical Board]]></category>
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		<guid isPermaLink="false">http://www.healthlicensedefense.com/b/?p=120</guid>
		<description><![CDATA[There are new prescriptive delegation rules drafted by the Texas Medical Board and many physicians, APRNs or PAs may not be aware of the changes.  The rules apply to prescriptions, delegation by physicians, practice sites, and review of charts.  One of the big areas that can impact an APRN or PA is the requirement for [...]]]></description>
			<content:encoded><![CDATA[<p>There are new <a href="http://www.tmb.state.tx.us/professionals/2009PrescriptiveDelegationChanges.pdf" target="_blank">prescriptive delegation rules</a> drafted by the Texas Medical Board and many physicians, APRNs or PAs may not be aware of the changes.  The rules apply to prescriptions, delegation by physicians, practice sites, and review of charts.  One of the big areas that can impact an APRN or PA is the <a href="http://www.tmb.state.tx.us/professionals/physicians/delegatingPrescriptiveAuthority.php" target="_blank">requirement for registration</a> (the forms and further info can be found on the Medical Board&#8217;s website).  Physicians that delegate prescriptive authority to PAs or APNs are required to register with the Texas Medical Board. This became effective on 1/31/2010.</p>
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		<title>A Disciplinary Action or Agreed Order Is Forever</title>
		<link>http://www.healthlicensedefense.com/b/2010/03/a-disciplinary-action-or-agreed-order-is-forever/</link>
		<comments>http://www.healthlicensedefense.com/b/2010/03/a-disciplinary-action-or-agreed-order-is-forever/#comments</comments>
		<pubDate>Mon, 01 Mar 2010 15:10:11 +0000</pubDate>
		<dc:creator>Taralynn Mackay</dc:creator>
				<category><![CDATA[Nurses]]></category>
		<category><![CDATA[Agreed Order]]></category>
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		<guid isPermaLink="false">http://www.healthlicensedefense.com/b/?p=86</guid>
		<description><![CDATA[Disciplinary actions or Agreed Orders remain on a nurse&#8217;s license forever.  When stipulations/restrictions are placed on the license, the nurse&#8217;s license is encumbered and those restrictions show up on the license when the license is verified (for example, the verification page will show &#8220;Warning with Stipulations&#8221; or &#8220;Remedial Education&#8221;).  Once the stipulations/restrictions are completed and [...]]]></description>
			<content:encoded><![CDATA[<p>Disciplinary actions or Agreed Orders remain on a nurse&#8217;s license forever.  When stipulations/restrictions are placed on the license, the nurse&#8217;s license is encumbered and those restrictions show up on the license when the license is verified (for example, the verification page will show &#8220;Warning with Stipulations&#8221; or &#8220;Remedial Education&#8221;).  Once the stipulations/restrictions are completed and the Board sends a letter of completion to the nurse, the verification page will show clear; however, the disciplinary history remains.  If asked if the nurse has ever been sanctioned or disciplined*, the nurse will have to answer &#8220;yes.&#8221;</p>
<p>Recently, I have received several inquiries regarding &#8220;setting aside board orders.&#8221;  This cannot be done and this is misinformation.  While criminal incidents can sometimes be expunged or sealed, administrative actions currently cannot be removed from one&#8217;s license.  Once a disciplinary action occurs, the history remains even once the &#8220;probation&#8221; is complete.</p>
<div></div>
<div>*  The Texas BON currently asks, &#8220;Has any licensing authority refused to issue you a license or ever revoked, annulled, cancelled, accepted surrender of, suspended, placed on probation, refused to renew a professional license, certificate or multi-state privilege held by you now or previously, or ever fined, censured, reprimanded or otherwise disciplined you?&#8221; to obtain information about past disciplinary actions.</div>
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		<title>New Prescriptive Rules for APRNs</title>
		<link>http://www.healthlicensedefense.com/b/2009/12/new-prescriptive-rules-for-aprns/</link>
		<comments>http://www.healthlicensedefense.com/b/2009/12/new-prescriptive-rules-for-aprns/#comments</comments>
		<pubDate>Thu, 03 Dec 2009 16:47:05 +0000</pubDate>
		<dc:creator>Taralynn Mackay</dc:creator>
				<category><![CDATA[Nurses]]></category>
		<category><![CDATA[APRN]]></category>
		<category><![CDATA[prescriptions]]></category>
		<category><![CDATA[rules]]></category>

		<guid isPermaLink="false">http://www.healthlicensedefense.com/b/?p=57</guid>
		<description><![CDATA[The Texas Nursing Board has posted new prescription rules for APRNs and the deadline to comment on the rules in 12.27.09 (scroll down to find the Nursing Board rule).  The new rules have some &#8220;clean-up&#8221; language including changing APN to APRN; however, there are significant changes that require APRNs to review these rules.  [...]]]></description>
			<content:encoded><![CDATA[<p>The Texas Nursing Board has posted <a class="wp-caption" href="http://www.sos.state.tx.us/texreg/sos/PROPOSED/22.EXAMINING%20BOARDS.html#25" target="_self">new prescription rules</a> for APRNs and the deadline to comment on the rules in 12.27.09 (scroll down to find the Nursing Board rule).  The new rules have some &#8220;clean-up&#8221; language including changing APN to APRN; however, there are significant changes that require APRNs to review these rules.  There is new language regarding practice sites and there is a requirement that the delegating physician must designate to the Texas Medical Board that the APRN is authorized to sign a prescription.  There are restrictions on prescribing off label usages of medications.  There some definite changes recommended and all APRNs should review these proposed rules.</p>
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		<title>How to Become a Nurse Practitioner in Texas</title>
		<link>http://www.healthlicensedefense.com/b/2009/10/how-to-become-a-nurse-practitioner-in-texas/</link>
		<comments>http://www.healthlicensedefense.com/b/2009/10/how-to-become-a-nurse-practitioner-in-texas/#comments</comments>
		<pubDate>Sat, 10 Oct 2009 00:28:55 +0000</pubDate>
		<dc:creator>Taralynn Mackay</dc:creator>
				<category><![CDATA[Nurses]]></category>
		<category><![CDATA[APRN]]></category>

		<guid isPermaLink="false">http://www.healthlicensedefense.com/b/?p=6</guid>
		<description><![CDATA[How to Become a Nurse Practitioner in Texas
There’s more to being a nurse than meets the eye, especially if you’re a nurse practitioner. At one of the highest levels of nursing there is, nurse practitioners are generally qualified to examine and diagnose patients. Some states even allow them to prescribe medication.
While they must work under [...]]]></description>
			<content:encoded><![CDATA[<p><strong>How to Become a Nurse Practitioner in Texas</strong></p>
<p>There’s more to being a nurse than meets the eye, especially if you’re a nurse practitioner. At one of the highest levels of nursing there is, nurse practitioners are generally qualified to examine and diagnose patients. Some states even allow them to prescribe medication.</p>
<p><span id="more-6"></span>While they must work under the supervision of or in tandem with doctors, most nurse practitioners usually have autonomy in educating families on the need for preventive measures and in ensuring their general wellbeing. They generally work in rural and underserved areas, treating families, children and communities and teaching them about health, prevention, self care and other skills that are necessary to keep disease at bay. Nurse practitioners need to have at least a graduate degree and generally specialize in family practice, pediatrics, cardiology, acute care, women’s health, adult practice, geriatrics, occupational health, palliative care, and anesthetics (as a certified registered nurse anesthetic).</p>
<p>If you want to become a nurse practitioner in Texas, here’s some information that you’ll find useful:</p>
<ul>
<li>Nurse practitioners are called Advanced Practice Registered Nurses (APRN) in this state</li>
<li>You must be a registered nurse with a license that is valid in Texas</li>
<li>You must also complete a master’s or doctoral program in any specialty of your choice that focuses on advance practice nursing, one that is approved by the Board of Nursing or accredited by a national accrediting agency recognized by the Board of Nursing.</li>
<li>Your graduate program must be at least a year in duration and include a practicum program or a preceptorship.</li>
<li>You must become nationally certified in the specialty of your choice before you can apply for a license to practice as an APRN in Texas.</li>
<li>The Board of Nursing does allow you to practice as an APRN while you’re waiting for the results of your certification examination. You need to procure an interim license from the board for this purpose.</li>
<li>If you plan to study online for your advanced degree, most universities allow you to complete your practicum program at a healthcare facility in your area. Check with your school for your available options.</li>
<li>As an APRN in Texas, you can hope to earn around $85,000 per year; the sum tends to increase if you specialize in acute care settings like neonatology and emergency care and decrease if you opt for general medicine and family practice.</li>
<li>There are many accredited universities in Texas that offer graduate nursing programs, and to learn more about them, you could check out the information available on the website of the <a href="http://www.bon.state.tx.us/practice/gen-apn.html">Texas Board of Nursing. </a></li>
</ul>
<p><strong><span style="text-decoration: underline;">By-line:</span></strong><strong> </strong></p>
<p>This guest article was written by Adrienne Carlson, who regularly writes on the topic of <a href="http://nursepractitionerschools.org/" target="_blank">nurse practitioner schools</a> . Adrienne welcomes your comments and questions at her email address: <a href="mailto:adrienne.carlson1@gmail.com" target="_blank">adrienne.carlson1@gmail.com </a></p>
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