What steps would you take if someone filed a complaint against you that might impact your license to practice as a nurse? If you fail to take prompt and decisive action, you risk having both your nursing license and your ability to practice nursing stripped from you.
Losing your license would not only destroy your career, but it could even result in financial ruin. You have too much at risk to leave your future to chance. Take immediate action to restore your reputation and maintain your license by contacting a medical license defense lawyer at Bertolino LLP today.
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Don’t simply assume the complaint will go away because you believe it does not have any merit. Instead, you should treat these issues with seriousness before they escalate. Our client-focused attorneys collaborate on a wide variety of legal matters with a diverse group of qualified professionals from various fields.
If someone has filed a complaint against you or your business, we will work with you to build a strong case and do everything to get such complaints dismissed.
When we represent you, you get one of our experienced Texas nursing license attorneys dedicated to bringing you the effective results you want and need.
About the Texas Board of Nursing
The Texas Board of Nursing (BON) plays a crucial role in regulating the nursing profession within the state. Established by state statute, the BON’s primary mission is to safeguard the welfare of Texans by overseeing nursing practice and accrediting nursing schools. Unlike organizations that advocate for nurses, the BON prioritizes public safety over individual or professional interests. To achieve its goals, the Board establishes standards for nursing practice, interprets relevant laws and regulations, investigates complaints, and takes disciplinary actions when necessary. It also sets educational standards and advises the legislature on necessary legal updates. Nurses facing licensure issues with the BON are advised to seek legal counsel, as the Board’s focus is on protecting the public rather than serving individual nurses’ interests.
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Texas Board of Nursing’s Disciplinary Actions for Nurses
The Texas Board of Nursing’s (BON) website reports over 16,000 complaints annually; however, only about 100 nurses undergo disciplinary actions for board breaches each month.
Every three months, the Texas Board of Nursing (BON) publishes a public record that contains a list of Texas registered nurses whose licenses have been either suspended or revoked or who have been subject to some other disciplinary action.
If you are a nurse who finds yourself in a challenging circumstance, you may require the legal assistance of an attorney who specializes in nursing license defense.
Who Can Report a Nursing Complaint?
The disciplinary process for Texas nurses may begin with a letter of self-report or may be initiated at the request of a patient, supervisor, or coworker.
In addition, a nurse’s employer has the right to seek an inquiry into the employee’s unethical behavior or misconduct based on other factors, such as the employee’s evident impairment or criminal charges.
A formal complaint can be filed with the BON by anybody, including the following:
- Patients who the nurse saw
- Patients’ loved ones who were cared for by the nurse
- The hospital administrator or nursing staff supervisor
- Other medical personnel or fellow employees
Don’t Leave Your Professional Nursing License to Chance
The allegations of misconduct against you may be unsubstantiated, and your behavior may be entirely in line with expected professional standards. Regardless, a professional nurse license (whether you are a licensed vocational nurse or a registered nurse) is too significant not to defend.
If you are worried about allegations or potential disciplinary action, contact us today. Our healthcare licensing attorneys have decades of experience defending nursing licenses against claims of patient abuse, sexual misconduct, criminal matters, disciplinary issues, and incidents, including:
- Lack of competence or professionalism: Patients may file a complaint regarding unprofessional conduct or that a nurse has an unsuitable bedside manner. If there are many complaints or instances, nurses may be subject to disciplinary action.
- Performing experimental treatments: Medicine is both an art and a science, with many therapies yet to be discovered or fully understood. When nurses test the boundaries of appropriate standard medical treatment, the nursing board may direct them to appear before a peer-review committee to justify their actions.
- Failure to record procedures: Sanctions may be imposed on nurses if patient records are not adequately preserved or processes are not correctly documented.
- Drug abuse: The Texas Nursing Practice Act (NPA) contains a safe-harbor provision to safeguard nurses who have prescription drug addictions. This provision endorses treatment rather than penalties or punishment.
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The Texas BON Disciplinary Process
The Texas BON has a standardized method for administering discipline, and they apply it to the received complaint. This is how the procedure is carried out:
Accusations Are Communicated to the Nurse
The initial step is to communicate directly with the nurse regarding misconduct claims. In specific cases, this phase is skipped since telling the nurse would make it more challenging to conduct the inquiry; nevertheless, this scenario does not happen often.
The BON’s Investigatory Process
In light of the claims, the BON may launch an inquiry. During this assessment, the board investigators may interview witnesses, they will review the nurse’s records, and will collect any other pertinent evidence for the case.
Following the collection of relevant evidence and inquiry, the BON investigations team will examine the material to establish whether or not a violation of the NPA was committed.
The most common complaint is related to “patient care.” The following is an abbreviated list of the various infractions that could be committed by a nurse that can lead to disciplinary action:
- Non-disclosure of information
- Violations of the Standard of Care
- Malpractice suits
- Relationship with the patient that violates boundaries or is deemed inappropriate
- Errors in medication administration
Nursing Sanctions and Disciplinary Actions
Cases in which the evidence suggests that a sanction against the nurse is necessary to protect the public will result in order of the Board. This will include the sanction and any requirements placed on the nurse to retain their license.
The following are examples of possible sanctions:
- Corrective or remedial education
- Fine
- Warning
- Reprimand
- Probation
- Suspension
- License revocation
The majority of BON orders are made available to the public and, except for deferred disciplinary orders completed satisfactorily, are recorded as permanent designations in the nurse’s licensing records.
How Long does An Investigation Take?
Depending on the situation’s specifics, an investigation will typically take five to 12 months to complete.
Periodically, the complainant and the nurse under consideration are updated on the status of the investigation. Unless they are directed differently, the BON states that complainants are informed of the conclusions reached by investigators once the probe has been completed.
Our Lawyers Work Tirelessly for Texas Nurses
Cases involving the defense of a nursing license often entail diverse issues. That’s why you must have someone with extensive experience on your team who knows how to deal with rules of evidence, criminal conduct, the standard of care violations, and other related issues.
Whether you are an RN, LVN, or a nurse practitioner, at Bertolino LLP, we work non-stop to build strong cases for our healthcare professionals and address all their needs. Our firm represents nurses who work in all types of settings, including:
- Hospitals
- Nursing homes
- Home-care organizations such as Nurses Unlimited
We offer a case evaluation to our potential clients; therefore, complete the evaluation form as soon as possible once you’ve been notified of the allegations against you. This is one of the best ways to increase your case’s likelihood to conclude satisfactorily.
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Steps to Protect Your Nursing License During an Investigation
If your nursing license is under investigation, having a strong legal defense is essential. A nursing license defense lawyer can help protect your professional standing. Common reasons for investigations include professional misconduct, criminal charges, or not meeting continuing education requirements. Understanding these factors and gathering evidence like documentation of education and patient testimonials are crucial. Our Texas nurse license defense lawyers at Bertolino LLP can negotiate with the Texas Board of Nursing to achieve favorable outcomes, allowing you to continue your career with minimal disruption.
We Take Time to Listen to the Details of Your Case
You are welcome to schedule a consultation with an experienced member of our legal team so that you may go through the specifics of your case. We provide honest responses as well as transparent guidance at Bertolino LLP.
Because no two cases are alike, we listen and take the time to learn about your situation. We feel that offering blind advice will ultimately hurt you and impede your chances to clear your name and safeguard your nursing license.
That’s why we will work with you and remain with you to help you decide the best course of action for your future.
Call or text (512) 476-5757 or complete a Case Evaluation form
