The Texas Board of Nursing (TBON) is responsible for regulating and monitoring all levels of licensed nurses. As a result, if TBON receives a complaint against a licensed nurse for a violation of the Nursing Practice Act or another rule or law that governs nurses, it has a duty to investigate and prosecute that complaint, if merited. If TBON ultimately decides that you have violated an applicable rule or law, you could face sanctions that are extremely damaging to your license and career. A nursing license defense attorney can guide you through any disciplinary proceedings that you may be facing and help you fight to safeguard your license and career.
The Disciplinary Authority of TBON
Tex. Occ. Code §301.453 states that TBON can take various disciplinary actions against a licensed nurse if it determines that they have violated a rule or law that governs the nursing profession. These actions include the following:
- denial of the person’s application for a license, license renewal, or temporary permit;
- issuance of a written warning;
- administration of a public reprimand;
- limitation or restriction of the person’s license, including:
- limiting to or excluding from the person’s practice one or more specified activities of nursing; or
- stipulating periodic board review;
- suspension of the person’s license;
- revocation of the person’s license; or
- assessment of a fine.
Furthermore, TBON also may take the following actions as part of a disciplinary order, either in addition to or in place of the above sanctions:
- submit to care, counseling, or treatment by a health provider designated by the Board as a condition for the issuance or renewal of a license;
- participate in a program of education or counseling prescribed by TBON, including a program of remedial education;
- practice for a specified period under the direction of a registered nurse or vocational nurse designated by TBON;
- perform public service TBON considers appropriate; or
- abstain from the consumption of alcohol or the use of drugs and submit to random periodic screening for alcohol or drug use.
TBON also has the option of probating any disciplinary sanction that it has imposed on a nurse. Furthermore, if TBON suspends or revokes a license, it can impose conditions for reinstatement that the individual must satisfy before they can obtain an unrestricted license.
TBON Disciplinary Matrix
22 Tex. Admin. Code §213.33(b) presents a Disciplinary Matrix that TBON has created to determine the appropriate sanctions for the most common violations of the Nursing Practice Act. The Matrix contains aggravating and mitigating factors that also should be considered in determining the correct sanction for a violation, in addition to those aggravating and mitigating factors listed in Tex. Occ. Code §301.4531. TBON also may consider other relevant factors as appropriate.
The Matrix lists each violation as a first tier and second tier offense. First tier offenses generally are less serious than second tier offenses. Furthermore, the Matrix further classifies violations as Sanctions Level I or II within the appropriate tier defense. Again, a Sanction Level I offense is a less serious offense than a Sanction Level II offense. The sanction levels list the recommended sanction for each violation.
Factors for TBON to Consider in Determining the Sanction
Under Tex. Occ. Code §301.4531, TBON is required to consider certain factors in determining the appropriateness of a sanction, including an administrative penalty. These factors include the following:
- whether the person:
- is being disciplined for multiple violations of either this chapter or a rule or order adopted under this chapter; or
- has previously been the subject of disciplinary action by the Board and has previously complied with board rules and this chapter;
- the seriousness of the violation;
- the threat to public safety; and
- any mitigating factors.
If the license holder at issue has a prior disciplinary history or is being disciplined for multiple violations of a rule or law, they may be subject to more severe disciplinary action under this section.
Administrative Penalties
Under Tex. Occ. Code §301.501, TBON may impose an administrative penalty on a person who violates a rule or law relevant to the nursing profession. An administrative penalty may not exceed $5,000 per violation. Each day that a violation continues constitutes a separate violation for the purposes of assessing administrative penalties.
As per Tex. Occ. Code §301.502, the amount of the penalty that a nurse receives for a violation is based on the following factors:
- the seriousness of the violation, including:
- the nature, circumstances, extent, and gravity of any prohibited acts; and
- the hazard or potential hazard created to the health, safety, or economic welfare of the public;
- the economic harm to property or the environment caused by the violation;
- the history of previous violations;
- the amount necessary to deter a future violation;
- efforts made to correct the violation; and
- any other matter that justice may require.
Mandatory Suspension or Revocation of License
- Tex. Occ. Code §301.4535 list various criminal convictions for which TBON must suspend or revoke a nursing license. These convictions include the most severe criminal offenses such as murder and kidnapping, but also most sex crimes, violent crimes, and crimes against children. License suspension or revocation is mandatory for these crimes whether the conviction occurred in Texas or under substantially similar laws in another state. Once convicted of one of these crimes, a nurse is not eligible to seek reinstatement of a nursing license until at least five years have passed since the date that they were released from community supervision or parole.
Get Legal Advice and Protect Your Nursing License
A Bertolino LLP nursing license defense lawyer can review your case and help you determine the best strategy to oppose the allegations against you. We can work to protect your license and minimize the impact of the disciplinary complaint that you are facing. Call us today at (512) 980-3751 or get more information about us online.
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