Certified Registered Nurse Anesthetists (CRNA) Defense and Representation

Are you a Certified Registered Nurse Anesthetists (CRNA) or an Advance Practice Nurse, and you have been contacted by the Texas Board of Nursing and requested to respond to a complaint or an investigation into your nursing license? Is the Nursing Board or your employer questioning you about an incident that occurred while you were employed at a hospital or other health care facility? Or, are you a CRNA who is being "encouraged" to admit responsibility, liability or guilt to any act that occurred while you were doing your job? If so, it is very important for you to seek legal counsel.

A Certified Registered Nurse Anesthetists (CRNA) or an Advanced Practice Nurse facing any type of investigation or complaint by the Texas Board of Nursing, or any government agency may be subject to a license probation, suspension or revocation. A Texas CRNA may be terminated from their current nursing position or kept from any future employment unless the investigation is dealt with immediately and proactively.

Do You Really Need an Attorney? It is Important to Know and Understand That it Does not Make You Look Guilty to Have an Attorney

The federal and state laws, rules and regulations that govern the practice of a Certified Registered Nurse Anesthetists (CRNA) or Advanced Practice Nurse can be very complex. If you find yourself being questioned by the nursing board, or your employer, it is very important for a nurse to consult with an experienced attorney to ensure that their rights are preserved. After all, your Texas nursing license may be on the line and so is your livelihood.

It does not make you look guilty to have an attorney. Do not let anybody talk you out of one of your most valuable rights. You can inadvertently make statements against your own personal interests without realizing you are doing it. You should do everything in your power to protect your rights as the Texas Board of Nursing board is not there to do that for you.

Remember that the Texas Board of Nursing is a regulatory administrative agency. The nursing board does not represent nurses or CRNAs. The nursing board’s main purpose is to regulate the practice of nursing and protect the public. In other words, do not blindly answer questions without proper guidance from an attorney. Doing so could potentially affect your ability to continue your current livelihood as a Certified Registered Nurse Anesthetists (CRNA). Again, a Certified Registered Nurse Anesthetists (CRNA) should have an experienced attorney who is familiar with professional license defense, and who will advocate for them, and protect their best interests, their license and career.

If you are a Certified Registered Nurse Anesthetists (CRNA), licensed by the Texas Board of Nursing, and any of the following scenarios apply to you, contact the Law Office of Bridget Eyler at (214) 540-7750, to seek legal counsel and protect your license:

  • A Texas Nursing Board investigator or any government agencies, hospital police, or your human resource representative contacts you and wants to discuss a complaint filed against you;
  • A Texas Board of Nursing Board investigator requests to conduct a telephone interview of you regarding a complaint filed against your nursing license;
  • Your Texas Certified Registered Nurse Anesthetists (CRNA) license and RN nursing license has been suspended and you need guidance understanding the terms and conditions of getting it reinstated;
  • An actual formal investigation is pending against your license with the Texas Nursing Board;
  • A hearing is scheduled before the Texas Board of Nursing and is due to a complaint filed against your license;
  • You are planning to self-report (or someone has told you to report) to a Texas Board of Nursing for Alcohol/Chemical Dependency ;
  • You are planning to self-report (or someone has told you to report) to the Texas Peer Assistance Program For Nurses (TPAPN) for Alcohol/Chemical Dependency.
  • The Texas Nursing Board has asked you to sign a Consent Agreement, Consent Decree, or an Agreed Order and you need help understanding the terms and conditions and how the document will impact your nursing license and your nursing career;
  • You received a letter from your current or past employer or colleagues requesting you to "self-report" an incident to a Texas Board of Nursing;
  • The Texas Board of Nursing requests you to provide a written statement to the Board regarding the allegations in a complaint filed against you; and
  • You were terminated from your employment and informed that you are being reported to the Texas Board of Nursing allegedly violating the Nurse Practice Act and/or Nursing Board rules/regulations.

Again, if you have been contacted by the Texas Board of Nursing or any government agency or your employer, and you are being "encouraged" to admit responsibility, liability or guilt to any act, it is important for you to seek legal counsel. It is imperative for you to invoke your right to legal counsel and contact an attorney before you answer any questions or provide a written statement to your employer, law enforcement or any regulatory agency, or the Texas Board of Nursing.

Investigations and Complaints

Investigations are often initiated by a letter from the Texas Nursing Board and followed with a phone call from a nursing board investigator. It is never advisable to meet with or be questioned by a nursing board investigator without legal advice and counsel. If the Texas Nursing Board contacts a Certified Registered Nurse Anesthetists (CRNA) in this or any other manner, it is wise for a CRNA to consult with an attorney before responding to the nursing board investigator. In addition, once legal counsel is retained, the nursing board investigators are prohibited from contacting and questioning a CRNA directly.

If you are a Certified Registered Nurse Anesthetists (CRNA) and find yourself as part of a misconduct investigations and/ or disciplinary proceeding, you may be faced with a lengthy disciplinary order and probated suspension. Disciplinary investigations, actions, and orders sought and issued against Certified Registered Nurse Anesthetists (CRNA) by the Texas Nursing Board have increased dramatically over the last few years.

Certified Registered Nurse Anesthetists (CRNA) may find themselves facing many different complaints/investigations, a standard-of-care complaint, chemical dependency, sexual boundary violations, non-therapeutic prescribing, the failure to maintain adequate charts and records, medical necessity of services, or the commission and conviction of any crimes.

Eyler Law Office provides quality representation and licensure defense and advocacy to CRNAs faced with disciplinary actions by a the Texas Board of Nursing, a hospital or medical staff peer review committee, a compensation commission, or a criminal district attorney’s office or prosecuting entity. Whether you are a CRNA accused of misconduct, drug diversion, billing fraud, neglect, or being chemically dependent, we will aggressively and carefully and advocate for you and your CRNA license.

If you are in danger of losing your medical license, the Law Office of Bridget Eyler may be able to help you. To discuss your case please contact us today by calling (214) 540-7750 or email us.

Accused of Substance Abuse or Diverting Narcotics?

At Eyler Law Office, we provide legal representation to nurses in a variety of situations. If you are accused of diverting drugs from a Pyxis machine, Diebold, or other brand of automated pharmacy dispensing machine, please contact Eyler Law Office at (214) 540-7750, immediately.

We are often contacted by Certified Registered Nurse Anesthetists (CRNA) and other licensed (certified) health care professionals, who have been falsely accused of diverting narcotics, abusing narcotics, or stealing narcotics from patients and/or their place of employment. It is not uncommon for a nurse or any health care professional to be accused of a substance abuse problem or diverting narcotics. It is a charge that should be taken very seriously. We have represented nurses who have been fired by their employer and reported to the Texas Board of Nursing or to local law enforcement for criminal prosecution. Even if no criminal charges were filed the report can cause problems for nurses with the nursing board and you still have your nursing license to protect.

Texas Board of Nursing Investigations

Before a Certified Registered Nurse Anesthetists (CRNA) should accept a settlement offer or proceed to any nursing board hearing, they need to consult with an attorney who knows how to handle occupational license defense cases. A CRNA should only proceed forward into such hearings after they fully understand the nursing board process and have an idea of what lies ahead for their nursing license and career. A nursing license is usually one's livelihood, and for many nurses it is the only marketable skill upon which they rely on for employment. Every nurse should be prepared to defend their license by finding an experienced and aggressive attorney who will help them do so. At Eyler Law Offices, we will be by your side taking you through every step of the process.

Criminal Charges

A Certified Registered Nurse Anesthetists (CRNA) who is under investigation or who is accused of any criminal activity, even a misdemeanor, may potentially face a nursing board investigation. Criminal convictions that seem unrelated to nursing practice still may create licensure problems for nurses. Some criminal charges such as theft, shoplifting, forgery, criminal mischief, criminal trespass, assault, or driving under the influence (DWI), may seem minor but can create permanent professional damage.

At Eyler Law Offices we are equipped to handle both sides of the matter, the criminal proceeding and the administrative/regulatory side with the nursing board. Keep in mind that many criminal lawyers who advise a nurse to accept a plea agreement or deferred adjudication may not be experienced enough to counsel or advise a nurse on how a plea agreement can impact a nursing license or the future of your nursing career. Any plea agreement, whether it is a probation or deferred adjudication, could potentially trigger a Texas Board of Nursing investigation and potential disciplinary action and/or suspension or revocation of your nursing license. The Law Office of Bridget Eyler is highly qualified in handling both the criminal investigation and the nursing board complaint and investigation. Call us at (214) 540-7750, or email us to discuss your case.

HIPAA - Privacy Violations

Federal HIPAA violations, state privacy laws and institutional policies all address patient privacy rights. Certified Registered Nurse Anesthetists (CRNA) accused of violating these rights can potentially face legal problems that could involve adverse employment actions, civil lawsuits, nursing board disciplinary action or even criminal charges. Some typical scenarios involve when a nurse inappropriately accesses and/or discloses personally identifiable health information. All nurses should be ever vigilant to know and understand privacy policies for caring for high profile patient cases, celebrities or co-workers as patients, or any type of patient case.

HIPAA Violations and Social Media (Facebook, Twitter, ...)

Another huge potential liability for nurses is the inappropriate use of social media and social networking. Certified Registered Nurse Anesthetists (CRNA) should never take photos or write any personal information about any patient on Facebook, Twitter, or any other internet web site for that matter. If a patient posts something on their Facebook or Twitter account, a nurse should not take this to mean that the patient is waiving his/her privacy rights. A Certified Registered Nurse Anesthetists (CRNA) should not “friend” patients on Facebook or respond to any patient postings as this too can get a nurse into trouble with the nursing board. Nurses need to keep in mind if they participate in any social media, the information travels very wide and far and becomes a permanent piece of information that can come back and haunt them for the rest of their career.

If you are a Certified Registered Nurse Anesthetists (CRNA) who has been accused of a HIPAA privacy violation, it is important for you to immediately seek experienced legal counsel who is experienced in this very intricate area of law. At Eyler Law Office, we have the experience to help nurses with any potential legal issue. Call us at (214) 540-7750, or email us for a free initial consultation.