Nursing in Texas is more than a profession; it’s a responsibility to provide safe, competent, and ethical care. However, when questions arise about a nurse’s conduct or performance, the board of nursing investigation process might come into play. This legal and often complex procedure can seriously affect a nurse’s license and career.
At Lype Dest Smith Lawyers, we aim to provide clarity and support. This blog explores the investigation process, common triggers, and how nurses can protect themselves during these challenging situations.
According to the Texas Board of Nursing, the agency receives more than 16,000 complaints each year. However, not every complaint results in an investigation or disciplinary action. Many are dismissed because they fall outside the Board’s jurisdiction, lack sufficient identifying information, involve “minor incidents,” or raise issues that, even if proven, do not constitute a violation of the Nursing Practice Act. In all cases, the complainant’s identity is kept confidential.
When a complaint is filed with the Texas Board of Nursing (BON), the process typically unfolds as follows:
A complaint is submitted, often by patients, employers, or colleagues, outlining potential violations of nursing laws or standards.
Investigators analyze the complaint to determine whether the BON has jurisdiction and if the allegations suggest any breach of the Nurse Practice Act.
Investigators typically collect information through interviews, record requests, and, in some cases, site visits. Nurses who are under investigation are informed of the allegations and asked to respond.
Once the investigation is complete, the BON may:
The BON makes a final determination that a violation has occurred or closes the case. Outcomes vary widely, from no action to significant repercussions like revocation.
The Texas BON operates under the state’s Nurse Practice Act, empowering it to ensure public safety through the licensure and regulation of nurses. Often trained professionals with nursing backgrounds, investigators carry out detailed probes to uphold these standards while respecting due process. The Board also employes licensed RN and APRNs to serve as practice consultants in cases involving nurses standards.
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Complaints that lead to investigations often involve issues like, failure to meet the minimum standard of care, unprofessional conduct, substance use, and documentation mistakes. Common triggers include practicing beyond authorized duties, failure to timely intervene, suspicion of practicing while impaired or diverting medications, altering patient records, or crossing professional boundaries.
Complaints often come from those directly impacted by a nurse’s actions, including employers reporting potential misconduct, patients or family members alleging improper care, or colleagues identifying unsafe practices. Complaints can also be filed anonymously.
Nurses have the right to hire legal representation at every stage of the investigation. Legal counsel can provide guidance, help you prepare responses, and advocate for your interests during hearings or settlement negotiations.
While under investigation, nurses have the right to be informed of the specific allegations against them and to respond appropriately. According to the Texas Board of Nursing, nurses are provided due process by being formally notified of the investigation and allegations unless doing so would jeopardize the case.
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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Possible outcomes can include case closure with no action, public warnings or reprimands, or significant disciplinary actions. The BON may impose fines, require remediation such as additional training, impose stipulations, or restrict a nurse’s license. Severe cases may lead to license suspension or revocation.
Any disciplinary action becomes part of a nurse’s record and can affect present and future employment opportunities. Employers frequently check disciplinary histories through databases like Nursys and the National Practitioner Data Bank (NPDB), making it essential to adequately minimize long-term damage by addressing complaints.
When you receive notice of a complaint, you should engage a legal professional who understands the nuances of nursing regulations in Texas.
If you’re navigating the board of nursing investigation process in Texas, Lype Dest Smith Lawyers can provide the guidance you need. Call us at 512-881-3557 for a consultation.
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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
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Bar number: 24065658
Location: Austin, TX
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