Corrective Action Orders in Disciplinary Proceedings for Texas Nurses

A Corrective Action Order is a confidential, non-disciplinary resolution available in some cases involving the Texas Board of Nursing. If a nurse is found to have violated the Nursing Practice Act or the Board’s rules, the Texas Board of Nursing Defense has the authority to offer a Corrective Action Order in certain narrow circumstances. If a nurse is eligible for a Corrective Action Order, such a resolution can have multiple benefits over a traditional disciplinary order. The attorneys at Lype Dest Smith Lawyers have helped many nurses with minor violations avoid a public disciplinary order by successfully negotiating a non-public corrective action order.

What Texas Nurses Should Know About Corrective Action

A corrective action is a non-disciplinary approach the Texas Board of Nursing (BON) can use to address specific regulatory violations. According to Texas Occupations Code Section 301.652 (2023), corrective actions can include fines, remedial education, or a combination. Importantly, these actions are not classified as disciplinary under Subchapter J and are not publicly reported on the Board’s website. The intent of a corrective action is to resolve a violation by emphasizing education and remediation over punishment.

Corrective Action Compared to Traditional Disciplinary Action

Corrective actions are very different in implication and approach from traditional disciplinary actions. Whereas traditional discipline involves a public disciplinary action against the nurse’s license, corrective actions are meant to be learning experiences and orient the nurse toward compliance. By taking corrective action when appropriate, the BON can avoid or minimize effects on a nurse’s future while still taking care of regulatory concerns.

Eligibility for Corrective Action

Determining Eligibility for Corrective Action

Not all violations qualify for corrective action. Eligibility depends on the nature and severity of the infraction. Minor violations, such as administrative errors or first-time offenses, are often addressed through corrective action. The Nursing Board evaluates critical factors, including the potential harm caused, the nurse’s professional history, current fitness to practice, and willingness to comply with corrective and remedial measures.

Is a Texas Nurse Eligible for More Than One Corrective Action?

In most cases, corrective action eligibility is limited to a single violation and does not apply to repeated or severe violations. The BON’s goal is to use corrective action as a one-time opportunity for remediation, emphasizing the importance of full compliance and proactive measures moving forward to prevent further issues.

Key Regulations and Guidelines

The Texas Board of Nursing has strict rules when determining a course of disciplinary action.

A Review of Board Rule 213.32

According to Board Rule 213.32, the BON employs a Disciplinary Matrix to assess each case. This matrix evaluates factors such as the harm caused to patients, evidence of misconduct, and mitigating or aggravating circumstances. Nurses undergoing corrective action proceedings are expected to adhere to remedial education and comply with any additional stipulations outlined by the BON.

Alternatives to Traditional Discipline for Nurses

The Texas BON has two other programs and ways to resolve cases that help address problems without involving the use of a traditional disciplinary order. These alternatives are tailored to balance the needs of both the nursing profession and public safety and have proved effective in resolving many regulatory matters.

Deferred Discipline Orders

Deferred discipline orders provide for a conditional disposition in selected violations. A nurse who complies with the terms of a deferred discipline order may be eligible to have the violation deleted from their record after successfully fulfilling all order conditions. This positive alternative affords a worthy second chance to nurses committed to maintaining their profession in accordance with regulatory requirements.

The Knowledge, Skills, Training, Assessment, and Research (KSTAR) Program

The KSTAR program is an innovative alternative designed to assess a nurse’s knowledge and skills, identify any deficiencies, and recommend additional training and education to correct them. Any recommendations are individually tailored to the nurse’s particular deficiencies and help restore professional competency and confidence while thoroughly addressing the BON’s expressed concerns. Positive outcomes associated with participation in KSTAR benefit the nurses and the patients they serve daily and foster trust and safety within the healthcare system.

Ready to Protect Your Nursing Career?

If you are a nurse facing possible disciplinary action, it is critical to understand whether you are potentially eligible for a corrective action or other alternative to traditional discipline.  Lype Dest Smith has lawyers with experience advocating for nurses and can see you through the process step by step. Call us today at 512-881-3556 or submit an inquiry through our website. Keep your professional future secure with a trusted nursing license defense attorney in Austin, Texas.

Dan Lype

Not afraid to go to court when necessary, Dan has successfully litigated cases all the way to the Supreme Court of Texas. Dan also prides himself on being readily available to clients throughout their cases. He strongly believes effective representation should be a collaborative effort between a client and their attorney.

Years of experience: 15 years
Bar number: 24065658
Location: Austin, TX

Dan Lype

Not afraid to go to court when necessary, Dan has successfully litigated cases all the way to the Supreme Court of Texas. Dan also prides himself on being readily available to clients throughout their cases. He strongly believes effective representation should be a collaborative effort between a client and their attorney.

Years of experience: 15 years
Justia Profile: Dan Lype
Bar number: 24065658
Location: Austin, TX