As a nurse, license revocation is the most severe sanction imposed. However, many people ask the question: can a revoked nursing license be reinstated? The answer is, very simply, yes. Reinstating a revoked license is a lengthy and complex process, but it is possible. We will explain the process.
What are The Steps to Reinstating a Nursing License?
A nurse must wait at least one year after the Texas Board of Nursing (BON) revocation order before petitioning for reinstatement. Texas Occupational Code §301.467.
This waiting period allows time for the nurse to address any issues that led to the revocation and demonstrate their rehabilitation. It also allows a nurse time to fulfill any court-ordered obligations, engage in continuing education, or complete any required treatment programs. Additionally, it gives the nurse time to reflect on their actions, learn from their mistakes, and show personal and professional growth.
Requirements for Reinstatement
To reinstate a revoked nursing license in Texas, it’s essential to submit the petition for to the Texas BON with all required supporting documentation.
When submitting a petition for reinstatement of license, documentation needed, may include:
- Verification of compliance with or completion of probation/parole.
- Proof of at least one consecutive year of sobriety (if applicable).
- Copies of disciplinary actions against your nursing license from other states.
- Letters of reference (from former co-workers/supervisors).
- Verification of 20+ hours of continuing nursing education.
The BON will then review the petition and may schedule an informal conference. You have the right to have an attorney represent you at this hearing, but if your petition is denied, you can request a public hearing before an administrative law judge.
When you appear before the BON panel, you should be prepared to answer questions about your revocation and your time spent waiting for reinstatement. The Board wants to hear directly from you and hear the changes and progress you have made since losing your license,
Appealing a License Revocation
If you want to appeal a nursing license revocation in the state of Texas, you must file a motion for rehearing within 20 days after the BON enters its revocation order. This is a critical step because it gives notice to the BON of the issues you intend to appeal.
Once the decision is appealable, you have 30 days to file a petition for judicial review. As the appeals process can be complex, it’s highly recommended to hire an experienced BON license defense attorney.
Your motion for rehearing must contain all grounds for appeal. The District Court generally cannot hear appellate issues that were not presented in the motion for rehearing, with some, limited exceptions.
The Timeframe for Reinstatement
In terms of typical timelines, there are a few essential things to take note of concerning the reinstatement of a nursing license in Texas:
- A nurse must wait at least one full calendar year after the BON revocation order was issued before applying for reinstatement.
- If they decide to schedule an informal conference, it usually takes place between two and three months after receiving the petition.
- If it is scheduled, the nurse will meet in person with a panel of board staff who will consider the petition.
- If a nurse chooses to file a motion for a rehearing with the Texas BOM, it must be within 20 days after the Board enters its order. The Board then has 45 days to rule on the motion; if they don’t, the decision becomes appealable, and once the decision is appealable there is a 30-day window to file an administrative appeal.
It’s important to note that the entire process can be lengthy, and the exact duration can vary depending on the individual circumstances. It is essential to be aware that while the initial one-year waiting period is fixed, the subsequent steps can take several additional months.
Retraining and Continuing Education
Most states require nurses to complete continuing education units (CEUs) to maintain their licenses. In the state of Texas, 20 contact hours every two years is the bare minimum to show competence. When completing CEUs, the courses must cover topics relevant to nursing practice, which can include:
- Mental health.
- Pain management.
- Substance abuse and domestic violence recognition.
- Pediatric care.
- Pharmacology updates.
- Nursing practice and patient care.
CEUs must come from accredited providers to count towards licensure requirements, but several units do not count towards this, for example, non-nursing college courses and employer workshops on workplace policies. Therefore, it’s important to note what will help with a nurse’s continuing education and can help build a compelling body of evidence when applying to reinstate a revoked nursing license.
Professional Support and Resources
If you or someone you know is going through the process of reinstating a nursing license, there are some key professional support and resources available in the state of Texas, including:
- The Texas Nurses Association (TNA). The largest and oldest nursing association in Texas and advocates for the advancement of the nursing profession.
- Texas Board of Nursing (BON) CNE course catalog. This provides a selection of workshops approved for CNE credit, including self-paced courses and online webinars.
- Texas Nurse Practitioners (TNP) are focused on supporting, promoting, and advancing nurse practitioner roles.
- American Nurses Association (ANA), which is the national counterpart to the Texas Nurses Association and provides additional resources and support at the national level.
In addition, if you are facing hurdles when renewing your nursing license or your license is at risk, our team of experienced nurse defense attorneys can support you. Texas Nursing Lawyers have over 45 years of combined experience helping nursing professionals keep their licenses and stay in the career they care so deeply about. Get in contact with us today to schedule a consultation.