When your nursing license is under investigation in Texas, you can continue working unless and until the board temporarily suspends your license or issues a final order impacting your ability to practice. Meanwhile, you are afforded all due process rights and presumed innocent of any allegations until the Board proves otherwise.
Even though you can work until your license is suspended or revoked, you should take the investigation seriously, as your livelihood is at stake. The investigation process can be harrowing, but you don’t have to face it alone. A Texas nursing license defense lawyer from Bertolino LLC could represent you during this challenging time.
Contact us now for a free consultation, or keep reading to learn more.
Working in Other States During an Ongoing Investigation
A nurse licensee being disciplined in one state can affect their license in any other state they are licensed in due to “licensure by endorsement.” Therefore, state nurse practice acts require that if a nurse licensee is disciplined in another state, it should be reported to their own state board of nursing.
In addition, if the nurse does not self-report, they can be subjected to further disciplinary action for failing to do so.
Therefore, nurses must keep up with and remain aware of the disciplinary proceedings in states where they have licensure.
By doing this, nurses can better ensure their other single-state licenses stay active and secure. The goal is to prevent disciplinary action due to a lack of communication or understanding of the rules and regulations of each state board of nursing.
Factors That Determine Whether You Can Continue Working During an Investigation
When your nursing license is under investigation in Texas, several considerations are taken to decide whether you can maintain an unencumbered license and continue working as a nurse during the pending board complaint.
It is important to understand these factors and how they may affect your ability to continue in the practice of nursing.
Here are key factors that determine whether you can continue working during an investigation:
- Nature and severity of allegations: The nature and severity of the allegations against you can significantly impact whether you can continue working. If the allegations involve serious misconduct, such as criminal sexual conduct or patient harm, fraud or ethical violations, there is a higher likelihood the board may seek to temporarily suspend your license.
- Potential risk to public safety: Nurses are in a position of trust, and the primary concern of nursing boards and regulatory bodies is public health and safety. If the board determines that your continued practice poses a risk to the public, they may temporarily suspend your license during the investigation.
- Types of restrictions: Depending on the circumstances, the board may impose specific restrictions on your nursing license during the ongoing investigation. These restrictions can range from supervision requirements to limitations on practice settings or even a temporary suspension of your license.
- Availability of evidence: The availability and strength of the evidence supporting the allegations against you can influence the decisions made regarding your license. If there is substantial evidence indicating wrongdoing, it may impact your ability to continue working without restrictions.
- Prior disciplinary history: Your disciplinary history, if any, can also influence whether you can continue practicing while the investigation is pending. If you have a history of previous disciplinary actions, it may increase the likelihood of the board seeking to restrict or temporarily suspend your license while the new allegations are being investigated.
- Cooperation and compliance: Your level of cooperation and compliance with the investigation can be a factor in determining whether you can keep working. Being cooperative, providing requested information promptly, and complying with any interim restrictions or conditions may positively influence your case’s outcome.
It’s important to note that every case is unique, and the above factors will vary based on your circumstances.
Contact Bertolino Law for a Free Consultation
Whether you are a registered nurse, licensed practical nurse, licensed vocational nurse, or other health professional, Bertolino LLP is here to stand up to the Texas Board of Nursing or other governing agencies for you.
Don’t wait to take action when your nursing license is on the line. As soon as you get in touch with us, we can begin working with you to defend your professional license and protect your career. Contact us to get started with a free, no-obligation discussion about how Bertolino LLP can help protect your license.
Call or text (512) 476-5757 or complete a Case Evaluation form
