When the Texas Board of Nursing (BON) determines that a nurse violated the Nursing Practices Act (NPA), the Board will pursue sanctions, which may include remedial education, fines, warning, reprimand, suspension, probation, or license revocation. A finding that a nurse violated the NPA can be done only after proper due process and an investigation into a complaint filed against a Texas nurse.
In cases where a nurse’s license was revoked or surrendered, the nurse may be able to seek reinstatement of his or her license once certain criteria are met. Evidence indicating the nurse would be safe to practice is required before any license can be considered for reinstatement.
A nurse whose license was revoked or surrendered must wait at least one year after the BON Order was issued. To petition for reinstatement, a nurse must submit a Petition for Reinstatement of License, along with all required supporting documentation. Examples of such documentation may include, but not limited to:
- Proof of at least one consecutive year of sobriety.
- Written verification for the Court of your compliance with and/or successful completion of probation/parole.
- Copies of all disciplinary action taken against your nursing license other than by BON.
- Letter of reference from current and former employers or other professional references (BON suggests three or more).
In addition to any other required documentation supporting the Petition for Reinstatement of License, a nurse must also provide documents verifying attendance of at least 20 contact hours of continuing nursing education programs.
Once the Board receives and reviews your Petition, it may schedule an informal conference “at the earliest date available, which will usually be within 2 to 3 months.” If an informal conference is scheduled, then you will meet with a panel of Board staff who will consider your petition. You have the right to have an attorney represent you at the hearing and during all stages of your Petition for Reinstatement of License. If your petition for reinstatement is denied, you have the right to request a public hearing before an Administration Law Judge at the Texas State Office of Administrative Hearings (SOAH).
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Alternatively, the Board my may forego a hearing and send you a Reinstatement Agreed Order, meaning the panel recommends that your license be reinstated. You can then accept the Agreed Order and return it to the Board for their final approval. If you or the Board ultimately reject the Reinstatement Agreed Order, then you have the right to request a public hearing at SOAH or re-petition for reinstatement after the date specified when your Petition was considered by the panel of Board staff.
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If your Texas nursing license has been revoked or surrendered, or 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 results speak for themselves.
BERTOLINO LLP represents licensed professionals across the entire State of Texas. Our honest, experienced attorneys will fight aggressively on behalf of your license and reputation. Contact us today or call (512) 476-5757 and schedule a case evaluation.
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