Health License Defense » monitoring order

Texas Physician Health Program Update

Jon Porter — Thu, 09 Dec 2010 15:26:18 +0000

According to public information on December 3, 2010, the Texas Physician Health Program, which also serves Physician Assistants and Acupuncturist, now has more than 100 people enrolled in its monitoring program.

The two big issues that are still unsettled is how to deal with licensees who agree to cease their practice altogether. The Medical Board and the Texas Physician Health Program are working on finding a method that permits a physician to cease practicing without a form a public disciplinary action. The second issue is how to appropriate deal with people who have “dual issues:” An impairment issue that is more appropriately handled by the Texas Physician Health Program and some other issue that the licensing Board wants to handle with public disciplinary action. Again, this is something that agency staff and the Texas Physician Health Program are attempting to determine the best method to proceed. Some resolution to these issues should be determine in early February.

Trying to find a job while under a Board Order

Taralynn Mackay — Wed, 03 Feb 2010 16:30:09 +0000

I have heard from another nurse who is having a difficult time obtaining a job while under a Board Order. This is an ongoing problem especially in this economy. Some employers are refusing to hire a nurse no matter what the basis for the Order. Most nurses cannot afford to fight an Order in court or the facts of the nurse’s case are such that there is a definite violation and fighting in an administrative law court may not gain the nurse much. There are some solutions that can help:

1. Make sure you have malpractice insurance so that you have the financial resources to go to a hearing if you do not agree with the BON’s decision in your case.

2. When looking for a job, ask everyone you know for help in finding a job. It tends to be easier to get a job if someone is on the “inside” vouching for you and your skills. There are also employers out there that understand that most nurses with a Board Order are not “bad” nurses; that the nurse just made a mistake, or was overworked/understaffed, or had a disease relapse etc. These employers recognize that most nurses that have had a Board Order become extremely cautious nurses and become definite assets to the facility.

3. Make sure that you have an experienced and BON knowledgeable attorney assist you with your case before the BON so that you get the best outcome possible.

4. You must present a professional appearance (this includes your resume, your social networking site pages, and any application you complete).

5. Contact your state senators and representatives and ask them to make some changes for the next legislative session in 2011. Some areas that need changes: expand the corrective action provisions to apply to minor practice violations, allow non-public orders for mental health issues and substance abuse (these are diseases, so why allow the publicity?), allow deferred adjudications to be just that and not be considered a conviction by the BON, and change the language in the NPA from shall to may to allow the BON leeway to make determinations based on mitigating factors. As 2010 progresses, I will probably think of more…

I also have more info here: http://nursinglaw.blogspot.com/2009/07/how-to-explain-past-board-orders-to.html

BON at full staff-be careful if under Board monitoring or TPAPN order

Taralynn Mackay — Tue, 10 Nov 2009 23:21:32 +0000

Although there is still one attorney position still posted to be filled at the Texas Board of Nursing, the Board staff has reported that since they are at full staff they are going to move very quickly on violations of Board monitoring orders for substance abuse or for violation of TPAPN orders. Nurses under such orders must remember that the new 301.4551 section of the Texas Occupations Code authorizes the Board to temporarily suspend a nurse under such circumstances. Therefore, it is crucial to be very careful if subject to a substance abuse order or if you are a participant in TPAPN: be sure to call in on time, get your screens as required, submit all paperwork timely and be very, very, very careful of anything that you eat or drink.