Over the last two weeks our law firm overturned two default revocations entered by the Texas Board of Nursing’s Eligibility & Disciplinary Committee (E&D) from their meeting on February 12, 2009 wherein they revoked over twenty Nursing licenses. The two nurses represented by us has been denied due process and had essentially had their property interest in their nursing license taken in violation of the Texas and United States Constitutions.
In one case the Nurse had properly responded to the Formal Charges filed by the Board of Nursing’s Staff Attorney and could demonstrate proof that their response had been received. Nevertheless, Staff of the Nursing Board presented the case to the E&D maintaining that the nurse had failed to respond or communicate with Staff of the Board.
In the other case the nurse did not receive notice of the E&D committee hearing from the investigator until two days after her license had been revoked. This is hardly adequate notice and was substantiated by the records maintained by the United States Postal Service. In spite of this fact the case was presented by Staff to the unsuspecting Board Members on the E&D Committee and the vote / decision to revoke was entered.
Our firm filed a Motion for Rehearing in both cases which was granted by the Nursing Board’s Executive Director, Katherine Thomas, pursuant to a newly adopted rule. In one case the Motion for Rehearing was granted one day after the motion was filed by our firm‘s lawyer. On the one hand Staff of the Board should be applauded for correctly amending such a vast and unjust taking -but on the other what about those twenty or so nurses who might have been harmed in a similar way.
If you have been the victim of this type of injustice / action and your RN or LVN nursing license / registration was revoked under similar circumstances then please contact us or visit the firm’s website for more information concerning help available to you. Time is of the essence as a failure to act promptly justifies the Board’s impermissible taking as a matter of law.