What Is Nursing Disciplinary Action?

Nurses are responsible for providing safe, ethical, and competent care. When they fall short of the standards set by the Texas Board of Nursing, they risk disciplinary action that could endanger their license. If you’re facing such allegations, a Texas nursing license defense attorney with expertise in nurse misconduct can offer the legal support needed to protect your license and career.

If you’re a nurse dealing with these allegations, Lype Dest Smith Lawyers are prepared to help you manage these difficult circumstances.

Nurse Misconduct

It involves actions that breach the ethical and professional standards of nursing, harming patients and eroding trust in healthcare. But What Is Nursing Disciplinary Action? The Texas Board of Nursing (BON) enforces strict guidelines, and violations can lead to fines, license suspension, or revocation. Below are common types of nurse misconduct.

Patient Care

Nurses must provide proper care at all times. Failure to administer treatment, delaying medical assistance, or neglecting care are serious forms of misbehavior that can endanger patients. For instance, not giving prescribed medication or monitoring vital signs can have life-threatening outcomes. This is a constant reason for disciplinary action by the Texas BON, which emphasizes patient safety as a top priority.

According to Nurse Journal, inadequate care or patient neglect can lead to investigations, formal complaints, and even the suspension or revocation of a license, especially in cases where harm has been caused.

Patient Records

Failing to keep proper records or breaching patient confidentiality by sharing personal information can lead to severe penalties and harm both the patient and the nurse’s career.

Patient Assault

Physical, verbal, or sexual assault of an individual is a grave malpractice. Abusing the trust placed in a nurse can lead to criminal charges and immediate license revocation, as outlined by Texas Occupations Code Section 301.452.

Theft

Stealing from patients or tampering with medications is a serious offense. Misappropriating drugs not only puts patients at risk but also leads to both disciplinary and criminal consequences for the nurse. According to the BON, theft and drug diversion are frequent causes of disciplinary actions, leading to harsh sanctions.

Forcing Consent

They must respect a patient’s autonomy. Forcing a patient to consent to a procedure violates ethical guidelines, as consent must always be voluntary and informed.

Crossing Boundaries

Forming inappropriate personal relationships with patients crosses professional boundaries and violates ethical standards. They must maintain a clear distinction between their professional responsibilities and personal involvement. Under the Nursing Licensure Compact, nurses practicing in multiple states can face disciplinary action across all states if found violating professional boundaries, which can result in license suspension or revocation in multiple jurisdictions.

Actions That Can Jeopardize a Nurse’s License in Texas

The Texas Board of Nursing has the authority to discipline nurses for a wide range of actions that jeopardize patient safety or violate professional standards. Depending on the severity of the infraction, penalties may range from warnings and fines to suspension or revocation of the license. Below are specific actions that can result in disciplinary action.

Unprofessional Conduct

It involves behaviors that undermine the trust patients place in healthcare providers. This can include using inappropriate language, showing disrespect to patients or colleagues, or failing to adhere to standard protocols. While these actions may not directly harm a patient, they degrade the integrity of the profession and can lead to disciplinary consequences under Texas nursing laws.

Professional Misconduct

Professional misconduct refers to actions that violate the legal and ethical duties of a nurse. This can range from falsifying patient records to performing procedures outside the scope of practice. It can also encompass dishonest behaviors, such as lying to supervisors or covering up mistakes, which can endanger patients and violate trust.

Incompetence

Nurses are expected to demonstrate competence in their field, which includes maintaining up-to-date knowledge and skills. Inability, such as failing to meet the minimum standards of care or demonstrating a lack of necessary clinical skills, can result in poor patient outcomes. In the state, such behavior can lead to disciplinary action, especially when it puts patients in danger.

 

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Gross Negligence

It goes beyond simple mistakes and involves a reckless disregard for the safety of others. If a nurse is found to have acted with extreme carelessness, causing significant harm to a patient, it can lead to immediate disciplinary measures and potential lawsuits. For instance, administering the wrong medication dosage despite clear instructions may be considered extreme irresponsibility.

Dereliction of Duty

Nurses have a duty to their patients and their profession. Dereliction of duty refers to the failure to fulfill these responsibilities, such as abandoning a patient in need of care or ignoring critical health information. These actions can have dire consequences and are subject to serious disciplinary actions by the Texas BON.

Ethical Violations

Nurses must adhere to strict ethical standards, including respecting patient dignity, obtaining informed consent, and maintaining patient confidentiality. Ethical violations, such as discriminating against patients based on race or socioeconomic status, can result in sanctions. Ethical breaches are particularly severe because they undermine public trust in the nursing profession.

Expert Guidance for Nurses Facing Disciplinary Action

It’s vital to know your rights and options. Lype Dest Smith Lawyers specializes in Texas nursing license defense and can provide the expert legal support you need. Don’t hesitate to reach out to us today for a consultation to discuss your situation and how we can assist you.

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