Nursing License Investigation Process

Nurses in Texas play an essential role in healthcare but are also subject to strict regulations. When complaints arise, the Texas Board of Nursing (BON) can initiate a formal investigation, which can be a stressful experience for any nurse. Understanding the nursing license investigation process is crucial in protecting your professional career. At Lype, Dest & Smith, we specialize in helping nurses defend their licenses and navigate the administrative legal system effectively. Our team is ready to assist you through this challenging time if you’re facing an investigation.

What is the Nursing License Investigation Process?

This process involves several steps, including gathering information, reviewing the evidence, negotiating settlements, and, if necessary, presenting evidence at a formal hearing. Each phase is crucial in determining the case’s outcome and what kind of disciplinary action, if any, will be taken against the nurse.

The Texas Board of Nursing’s investigation process can be a lengthy and complex experience for nurses who receive a complaint. Each step can take months, and in some cases, the entire investigation may take years to conclude. Factors such as locating witnesses who may have moved, delays in responding to subpoenas, or lack of cooperation from those involved can prolong the course of action.

Understanding these steps can help nurses better prepare themselves if their license is under review. Consulting a Texas nursing license defense attorney early in the case can significantly improve one’s ability to navigate the investigation effectively.

Gathering Information

Once the Board of Nursing receives a complaint, the first step is to gather information relevant to the case. Investigators collect information from various sources, including medical records, personnel files, and agency documents. They usually also request witness statements from coworkers, supervisors, and sometimes patients. The nurse under investigation will be requested to provide a written response as well. The goal of this stage is to ensure that all relevant details are available before the Board makes a decision.

Nurses under investigation must cooperate with the information-gathering process while being mindful of their legal rights. Responding appropriately and ensuring that necessary documentation is provided without inadvertently damaging the case is vital.

Reviewing Information

After investigators collect all the necessary documents, they review and organize the materials. The investigators summarize the positive and negative evidence to provide the BON with a comprehensive case overview. During this review, the Nursing Board will look for any indications of professional misconduct or behavior that violates nursing standards.

This stage is critical, as the thoroughness of the review will influence the Board’s final decision. If you are facing an investigation, this is when the evidence you’ve submitted and the defense you’ve presented can make a significant impact. A nursing license defense attorney who understands the Board of Nursing’s procedures can help ensure your defense is organized and explained clearly.

Decision Making

Once the review is complete, the Texas BON will decide how to proceed. The Board has several options at this stage. The case may be closed if there is insufficient evidence to support a violation. Alternatively, the Nursing Board may opt for other actions, such as an informal conference, settlement offer, or referring the nurse to an alternative disciplinary program. Sometimes, the Board may file formal charges and move the case to a formal hearing.

The Board of Nursing’s decision is based on the severity of the evidence and the nature of the allegations. Factors such as the nurse’s prior disciplinary record, the severity of the alleged incident, and any mitigating circumstances are considered. For nurses facing formal charges, having a well-prepared defense becomes crucial.

Presenting Evidence

If the Board files formal charges, the case will then likely move to a hearing, where both sides will present their evidence. In some cases, the Board of Nursing may be willing to attempt mediation to resolve the complaint without the need for a formal hearing. At a hearing, which is essentially a trial, the Board will submit the evidence gathered during the investigation to support its allegations, and the nurse will have an opportunity to present their side of the story.

During both mediation and hearing, it is critical to provide clear and compelling evidence that either refutes the allegations or mitigates the seriousness of the situation. This could include witness testimony, medical records, or any other documentation that supports your defense. The hearing is your chance to ensure that the Board of Nursing understands the full context of the complaint and any extenuating factors. 

The entire investigation process can take a significant amount of time, with each step potentially lasting for several months. Factors such as delays in securing witness cooperation, difficulty in obtaining documents, or subsequent complaints can extend the timeline. However, the Texas Nursing Board’s primary goal is to safeguard public health by ensuring that licensed nurses deliver safe and competent care.

Protect Your Nursing License with Lype Dest Smith Lawyers

Dealing with a complaint from the Texas Board of Nursing can feel daunting, but Lype Dest Smith Lawyers stands prepared to support you. Our experienced team focuses on nursing license defense, assisting at every stage of the process to strengthen your case and protect your professional future. Let us help you manage this complicated situation with confidence.

Betty Smith

Ms. Smith’s practice focuses on administrative and health care law with a primary emphasis on professional license defense. She has represented numerous clients before various state agencies including the Texas Board of Nursing, Texas Medical Board, Texas Department of Licensing and Regulation, and the Texas Real Estate Commission.

Years of experience: 7 years
Bar number: 24102510 (TX) & 36027 (LA)
Location: Austin, TX
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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