The Texas Board of Nursing (BON) is a state agency that licenses and regulates nursing professionals for compliance with the laws and rules that govern them. As part of its duties under state law, the BON receives and investigates complaints against licensees and initiates disciplinary action if needed.
After you have completed the extensive education and training to obtain a license or certification in your field, you have a lot at stake. Therefore, if you receive a complaint against your license, we urge you to seek assistance from an experienced nursing license defense lawyer.
Understanding the Texas Peer Assistance Program for Nurses
All too often, issues like substance use disorder and mental health conditions can lead to disciplinary proceedings for nurses. In cooperation with BON, the Texas Nurses Foundation developed the Texas Peer Assistance Program for Nurses (TPAPN). The purpose of this program is to identify, support, monitor, hold accountable, and advocate for Texas nurses with identified substance use or mental health conditions to practice nursing safely. The overall premise of TPAPN is that like any chronic physical disease, nurses can manage mental health conditions and substance use disorders with the correct treatment and support.
Referrals to TPAPN
TPAPN is a voluntary program in which nurses are referred or ordered to after an event involving mental health or substance use occurs. A nurse can self-refer to the program. Other sources of referrals can include third parties such as employers, friends, colleagues, and healthcare providers, or the BON. However, TPAPN does not accept anonymous referrals.
While TPAPN receives referrals for all types of reasons, some of the most common reasons include incidents involving impairment by drugs or alcohol in the workplace, forgery, diversion / theft of drugs, illegal substance usage, or legal incidents involving substance use.
Eligibility for TPAPN Participation
TPAPN participation is available for any currently licensed nurses in the state of Texas. “Currently licensed” refers to any licensure status, including active, inactive, delinquent, and suspended. Nurses also must fall within one of the following conditions to participate in the program:
- A substance use and/or mental health diagnosis that could potentially impair the nurse’s ability to safely practice;
- Substance use or mental health-related incident(s) that indicate a possible impairment in the nurse’s ability to safely practice;
- Nurse Practice Act violation(s) related to any impairment and/or the use of alcohol and/or other drugs (including unprofessional behaviors that could potentially harm the health care consumer); or
- A referral or order by the Texas Board of Nursing (BON).
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Participating in TPAPN
After a referral, TPAPN performs an initial evaluation to determine the nurse’s unique needs, which consists of a drug test, substance abuse assessment, and mental health assessment. The assessment that comes out of the initial evaluation contains a diagnosis, treatment recommendations, recovery support recommendations, a fitness to practice determination, and any practice monitoring needs.
Following the initial evaluation, a nurse may be subject to individualized participation requirements based on various factors, including:
- Referral information;
- Diagnosis;
- Severity of the condition;
- Remission status;
- Individual needs; and
- License type.
Potential individual participation requirements include treatment, drug testing, refraining from practice, recovery support, and practice monitoring, which could include supervision or restrictions. Communications with TPAPN and peer support from a volunteer advocate nurse also may be a part of an individualized program as needed. Each participant is assigned a case manager, who works with them and providers, employers, and advocates to facilitate recovery and promote safe nursing practices.
If a nurse completes all TPAPN participation requirements, they likely will face no further action by the BON. However, if the nurse fails to complete TPAPN participation requirements, the matter is referred to the BON for further investigation and a determination of next steps to take, which typically involve initial or continued disciplinary proceedings.
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TPAPN and Confidentiality
The BON initially determines whether a participant can complete TPAPN services without its involvement by reviewing all third-party referrals on an anonymous basis with TPAPN. If the BON determines that they must be involved, they will have access to all information in the referral.
However, if the BON determines that the individual can participate without its involvement, all information concerning the referral and individual will remain confidential so long as the individual complies with all participant requirements and follows TPAPN’s safety to practice determinations. A nurse who participates in TPAPN also may have to disclose participation to their employer, as well as any practice or supervision requirements outlined in their participation agreement. Likewise, the employer may be required to report back certain information to TPAPN concerning the nurse’s work performance.
Regardless of the circumstances, all participants in TPAPN must sign a release allowing the program to communicate with the BON if it becomes necessary. Nonetheless, TPAPN will not disclose any information about the nurse’s participation to third parties outside these guidelines without proper written consent of the nurse.
We Are Here to Defend You Before the BON
When the BON notifies you that you are the subject of a complaint, you may not know what to do first. If you find yourself in this situation, your first call should be to an nursing license defense attorney. We stand ready to represent your interests and defend you against the allegations you are facing. Call us today at (512) 856-6596 to reach the offices of Bertolino LLP or contact us online.
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