The Texas Board of Nursing (BON) receives more than 16,000 complaints each year. However, many of the complaints received have insufficient information about the nurse’s identity, are not under the jurisdiction of the Board, or are incidents that would not constitute violation of the Nursing Practices Act (NPA).
The BON provides due process to a nurse when a complaint is filed against him or her, giving notice of the investigation and allegations. The nurse is given the opportunity to respond to the alleged conduct and to show compliant with the NPA. During all stages of the investigation process, nurses have the right to be represented by an attorney.
The majority of investigations are conducted through the mail or over the phone, though they can be conducted on-site. Once all relevant evidence is obtained, it is reviewed by the investigations team to determine if a violation of the NPA has occurred. At this stage, the case is either closed or BON will pursue sanctions, which may include remedial education, fines, warning, reprimand, suspension, probation, or license revocation.
Informal Settlement Process
The informal settlement process typically begins with the Board offering the nurse a proposed Order that includes sanctions and any requirements placed on the nurse to retain his or her license. If the nurse agrees to the contents of the proposed Order, the Order will then be scheduled for review and ratification by BON at the monthly meeting. If the nurse does not agree to the contents of the proposed Order, he or she may suggest revisions for the Board’s consideration, or in some cases, be invited to attend an information settlement conference.
Formal Settlement Process
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If the nurse and the Board are unable to reach an agreement during the information settlement process, then the Board files formal charges. At this point, the nurse is required to file an answer to the charges in writing. If the nurse fails to respond, his or her license may be revoked by default. The case will then proceed to a disciplinary hearing before an Administrative Law Judge (ALJ).
The Right to Defend Your License
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Throughout the Texas Board of Nursing’s complaint process, a nurse has several opportunities to defend their licenses. Further, all professional licensees have the right to be represented at every stage of a complaint. Hiring an attorney to help you mount a strong defense serves to protect your license, reputation, financial interests, and your career; it does not make you look guilty.
Hire an Experienced Medical License Defense Attorney
If you have been notified of a complaint filed against you with the Texas Board of Nursing, BERTOLINO LLP can help. We are experienced BON license defense attorneys and we know how to navigate BON’s complaint process. We are prepared to represent you at any legal hearing or proceeding regarding your professional license.
Our Firm believes that immediately consulting an experienced Board of Nursing license defense attorney to review allegations of misconduct helps ensure the most favorable outcome in your case. Our results speak for themselves.
BERTOLINO LLP represents licensed professionals across the entire State of Texas. If you are facing disciplinary action from a professional licensing board, contact us today or call (512) 476-5757 and schedule a case evaluation.
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