Receiving a letter from the Texas Board of Nursing can be terrifying, especially if that letter says that someone has complained about you, and you are now under investigation. BON investigation letters contain a lot of information and can be quite intimidating if you do not fully understand what it all means. This is why having an attorney well-versed in Nursing Board investigations is crucial to understanding the process and obtaining the best outcome. If you receive a complaint letter, it is highly recommended that you promptly consult with an experienced nursing license defense lawyer.
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This article provides a breakdown of the information contained in a typical investigation letter and how this relates to the Board of Nursing’s investigation process. It is not intended to be legal advice. Each case is different and sound legal advice can only be obtained by speaking with a defense attorney.
An investigation letter, along with any other correspondence from the Texas Board of Nursing, will come to you on Board letterhead. This is how you know it is most likely a legitimate letter from the Nursing Board.
A Board of Nursing investigation letter will begin with the date the letter was mailed and the certified mailing number. The Nursing Board generally sends two copies of the same letter: one certified, and one via first class mail in case of a delay in signing for/obtaining the certified mailing.
If you are the nurse under investigation, this will be the name and address the Board has on file for you. If any part of this information is incorrect, you should log into your nurse portal account on the Board website and update your contact information as soon as possible. Additionally, if you are reading this and have recently changed addresses or have reason to question whether the Nursing Board has your current address, you should also verify your information in the nurse portal.
All Nursing Board complaint letters contain this same introduction paragraph. The purpose of this is to let you know that the Board is investigating a complaint against you, and they are required by law to send you this notice of the investigation. The BON will not disclose who made the complaint or the complaint document itself.
The numbered paragraphs in this section are the specific complaints that have been made against you. Oftentimes, the Board of Nursing will take one incident/complaint, and split it into multiple alleged violations, like in this example. What you might think is a single issue of missing narcotics documentation can turn into three separate allegations of:
It is important to note that the Board investigator will send out this letter before they have done any actual investigating. Around the time the investigation letter goes out to the nurse, the Board of Nursing will also send subpoenas to the applicable people and/or facilities to obtain copies of the nurse’s personnel file, schedule, relevant patient medical records, witness statements, and other documents. The investigator will then review these records to find evidence to support the allegations against the nurse. The Texas Board of Nursing will not tell you this, but the nurse under investigation has the right to review these investigative files before submitting a response.
Just because the letter says you did the things listed does not necessarily make it true. Upon receiving a complaint, the Board essentially copies and pastes whatever allegations the complainant has made into this letter. Additionally, just because a listed allegation is true does not necessarily make it a violation of the Nursing Practice Act or the Board of Nursing’s rules. This is why it is important to have the expertise of an attorney experienced in dealing with the BON.
The investigation letter requests a written response to the allegations, among other things, within 30 days – these are requests, not requirements, with one exception: you are required to update your mailing address with the Board within 10 days of any changes to your name and/or address (this can be done in your nurse portal account on the BON’s website). While you are not required to provide any of these items to the Board, it can sometimes be helpful to do so. The best type(s) of supporting documentation to submit to the Nursing Board can vary widely from case to case. For example, if a nurse is accused of diverting narcotics, providing the BON with negative drug test results would likely carry more weight than a resume would.
Again, it is important to note that you have the right to review the Board’s investigative file before responding to the allegations. The Nursing Board will not tell you this because it creates more work for the investigative staff, who likely already have a heavy caseload. Reviewing the underlying records with counsel can sometimes make the difference between dismissal and disciplinary action.
The investigation letter will direct you to the Board’s website, where you can find a summary of the investigative process, the Nursing Practice Act, and the Board’s Rules and Regulations. While these resources do provide some valuable information, they do not provide a comprehensive overview of the nurse’s rights and options at each step in the process. Also, the technical legal terms in the laws and rules can be difficult for someone without a legal background to interpret practically.
The assigned investigator will finish the letter with their signature block, including contact information. The investigator is the point of contact during the investigative/enforcement review of the case.
All Texas Board of Nursing investigation letters will come with 2 enclosures:
The Board’s rules lay out various factors that the BON will consider when reviewing each case and determining whether disciplinary action is warranted. However, this is not an exhaustive list, and some factors will carry more weight than others, depending on the specific circumstances.
In 2019, the Texas Legislature passed a law requiring the Nursing Board to include this notice for all cases where the nurse’s criminal history is being reviewed. As a result, the BON includes this notice with all investigation letters, even when not applicable.
If you have received an investigation letter from the Texas Board of Nursing, call Lype Dest Smith Lawyers at 737-257-4437 or contact us online. We would be happy to discuss your case and answer your questions.
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