Texas Board Of Nursing Investigations Lawyer
Texas Board of Nursing investigations (TBON Investigations) sometimes occur prior to a professional nursing license renewal. Investigations are triggered by complaints. Law enforcement, employers, former employers and patients contacting the Texas Board of Nursing are a few examples of how a complaint is filed. Once a complaint is filed a nursing license board investigation by TBON, begins which starts with a letter of investigation.
The Texas Board of Nursing can also initiate an investigation. Of course, a letter of investigation from TBON needs to be taken very seriously. When nurses receive a letter or anticipate a letter of investigation, consultations with TBON Lawyers Buck Johnson and Deborah Goodall are available. Do not wait to receive the letter if you know a complaint is being filed. Contact a TBON investigations lawyer at our firm today.
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A nurse receives a letter from the Board notifying the nurse of an investigation. The allegation is typically very vague and outlined in only a few sentences. The complaint is not public. The letter asks the nurse to respond within a short period of time. If the nurse fails to respond, then Formal Charges are filed by the Board of Nursing. These charges are public. If the nurse responds, then the Board evaluates the response. After that, they close the case or send a proposed order. A proposed order is the sanction or discipline the Board suggests. The nurse is then asked to agree to it and sign an Agreed Order.
It is strongly recommended that nurses who receive a board complaint immediately contact experienced legal counsel for advice and/or full representation. It is a big mistake to downplay the significance of a nursing board complaint. Any complaint can have a negative effect on your license and career as a nurse.
A TBON investigations attorney can be hired at any stage of the process. The sooner a lawyer gets involved the better. When a TBON lawyer is hired at the beginning, then the attorney can work with the Board investigator from day one. Together they can collect relevant records, negotiate board deadlines and streamline the flow of information.
When a nurse attempts to respond to the allegation and then receives a Proposed Order, an attorney can still be contacted. Regardless of when a lawyer is hired, the attorney can write a tailored response (even if the nurse has already responded). That response is critical in obtaining a favorable outcome for the nurse. After the attorney submits a response, then a proposed order will be sent by the Board. Then the nurse accepts the proposed order, or the attorney negotiates for a more favorable order. When an agreement cannot be reached between the parties, then mediation in Austin is likely.
When formal charges are filed before a lawyer is retained by a nurse, then an attorney could still greatly assist the nurse’s case. When formal charges are filed, then a board lawyer will handle the case. The nurse’s attorney and the board lawyer can attempt to settle the case with an Agreed Order. If they do not settle, then the case will be set for mediation.
It is vital that a nurse defend him or herself vigorously in order to maintain a clean nursing license. Contact us to help you navigate the process and protect your career.
Process for dealing with a complaint from Texas Board of Nursing:
- A nurse receives a letter from the Board notifying the nurse of an investigation. The allegation is typically very vague and outlined in only a few sentences. The complaint is not public. The letter asks the nurse to respond within a short period of time.
- If the nurse fails to respond, then Formal Charges are filed by the Board of Nursing. These charges are public.
- If the nurse responds, then the Board evaluates the response. After that, they close the case or send a proposed order. A proposed order is the sanction or discipline the Board suggests. The nurse is then asked to agree to it and sign an Agreed Order.
- The nurse either agrees to the sanction, and an Agreed Order is signed.
- Or the nurse refuses to sign, and formal charges are filed.
What Happens If a Nurse Requests an Informal Settlement Conference?
When a nurse requests an informal settlement conference, the process is far from casual despite the term “informal.” Here’s what you need to know:
1. Conference Setting
- These meetings take place at the Nursing Board’s offices and are designed to be intense and thorough.
- Key attendees typically include the Executive Director (or their designee), the Director of Enforcement, one of the Board’s attorneys, and the assigned investigator. Additional Board staff may also be present.
2. Purpose and Process
- The primary goal is to resolve and settle the case amicably.
- During the conference, the board members will pose various questions aimed at understanding the nurse’s actions and circumstances.
3. Possible Outcomes
- After the questioning, the panel will usually suggest a resolution for the case.
- If the resolution involves disciplinary action, the board may issue a proposed agreed order outlining sanctions.
- Sanctions can range from warnings and probation to fines, mandatory education, or even license suspension or revocation.
4. Escalation to Formal Hearing
- If the panel concludes that the situation warrants stricter measures, they may move the case to a formal hearing.
- This hearing is conducted by the State Office of Administrative Hearings, where more severe penalties can be considered.
5. Public Record and Reporting
- Actions taken by the board are generally public records and may be reported to national licensing databanks.
In summary, while an informal settlement conference can provide an opportunity for resolution, it’s a serious and structured process with significant potential consequences.
How Does the Nursing Board Prioritize Cases?
The nursing board employs a structured approach to determine the priority of cases, primarily using the Texas Board of Nursing Disciplinary Matrix outlined in 22 Tex. Admin. Code §213.33. This matrix helps classify the severity and urgency of each claim or complaint filed.
Priority Levels Explained
Priority One:
This level is designated for especially severe or egregious claims. If a case meets this criterion, it could lead to immediate actions such as emergency limitations or suspensions of the nurse’s license.Lower Priority Levels:
Other cases that do not meet the critical criteria of Priority One are assessed based on a variety of factors, including the potential risk to public safety, the seriousness of the alleged offense, and the nurse’s history of conduct.
Assessment Criteria
- Severity of Allegations: The nature and gravity of the allegations play a crucial role.
- Public Safety Risk: Cases that pose a higher risk to public safety are prioritized.
- Nurse’s Conduct Record: A history of prior offenses or complaints can impact the prioritization.
By employing this systematic approach, the nursing board ensures that the most pressing and dangerous cases are addressed promptly to safeguard public health and uphold professional standards in nursing.
When do I hire a TBON Lawyer?
A TBON investigations attorney can be hired at any stage of the process. The sooner a lawyer gets involved the better. When a TBON lawyer is hired at the beginning, then the attorney can work with the Board investigator from day one. Together they can collect relevant records, negotiate board deadlines and streamline the flow of information.
When a nurse attempts to respond to the allegation and then receives a Proposed Order, an attorney can still be contacted. Regardless of when a lawyer is hired, the attorney can write a tailored response (Even if the nurse has already responded). That response is critical in obtaining a favorable outcome for the nurse. After the attorney submits a response, then a proposed order will be sent by the Board. Then the nurse accepts the proposed order, or the attorney negotiates for a more favorable order. When an agreement cannot be reached between the parties, then mediation in Austin is likely.
What is a Formal Hearing with the State Office of Administrative Hearings?
A formal hearing with the State Office of Administrative Hearings (SOAH) is a public disciplinary proceeding. These hearings occur when a nurse and the nursing board can’t reach a settlement on a case.
During this process:
- Location and Setup: Conducted before an Administrative Law Judge (ALJ) at SOAH, often in Austin, Texas.
- Presentation of Cases: Both the nursing board and the nurse have the opportunity to present their arguments and evidence to the judge.
- Judge’s Proposal: After reviewing the presented evidence, the judge submits a proposal for decision (PFD). This document outlines the judge’s findings and legal conclusions.
- Board’s Review: The nursing board then evaluates the PFD to determine the appropriate penalties or decide to take no action.
This structured process ensures that both parties can present their sides fairly before any disciplinary measures are decided.
Retaining a Nursing Lawyer
When formal charges are filed before a lawyer is retained by a nurse, then an attorney could still greatly assist the nurse’s case. When formal charges are filed, then a board lawyer will handle the case. The nurse’s attorney and the board lawyer can attempt to settle the case with an Agreed Order. If they do not settle, then the case will be set for mediation.
Be Prepared
A TBON investigation arises from both the actions and omissions of a nurse. An accusation is simply that, an accusation. It is vital that a nurse defend him or herself vigorously in order to maintain a clean nursing license. The following are examples of common TBON investigations:
- issues with patient care
- controlled substance distribution errors
- mistakes in documentation
- personal life issues (e.g., substance abuse)
- Referral to Texas Peer Assistance Program for Nurses (TPAPN)
Violating the Texas Nurses Practice Act: An Overview
The Texas Nurses Practice Act, outlined in Chapter 301 of the Texas Occupations Code, establishes the legal framework for nursing in the state. A violation of this Act can involve several actions:
- Unprofessional Conduct: This includes any behavior that deviates from the accepted standards of nursing practice, such as providing substandard care, dishonesty, or unethical practices.
- Inadequate Record Keeping: Failing to properly document patient care or maintaining inaccurate records can lead to severe repercussions under the Act.
- Substance Abuse: Nurses are prohibited from practicing under the influence of drugs or alcohol. This includes dependency issues that impair their ability to perform nursing duties safely.
- Failure to Follow Physician Orders: Nurses must accurately follow and execute orders from licensed healthcare providers. Ignoring or altering these orders without proper authorization is a serious infraction.
- Practicing Without a Valid License: Practicing nursing without a current, valid license or allowing one’s license to lapse is a direct violation of the Act.
- Patient Abuse or Neglect: Any form of patient mistreatment, whether physical, emotional, or financial, is strictly prohibited.
- Fraud and Deception: Falsifying information related to licensure, employment, or patient care to gain an advantage is considered fraud and is punishable under the Act.
Consequences of Violations
Violating the Texas Nurses Practice Act can lead to:
- Fines
- License suspension or revocation
- Legal action and potential criminal charges
These measures ensure that the integrity of the nursing profession is maintained and that patients receive the highest standard of care.
Deborah Goodall and Buck Johnson are TBON lawyers and work very closely with the Dallas/Ft. Worth TPAPN. Contact us to schedule a consultation with Texas Board of Nursing Attorneys Deborah Goodall and Buck Johnson.
TBON Investigations FAQs
The Texas Board of Nursing (BON) is the state agency responsible for regulating the practice of nursing within Texas. Its primary mission is to protect and promote the welfare of the people of Texas by ensuring that each person holding a license as a nurse in this state is competent to practice safely.
A BON investigation can be triggered by a complaint made by a patient, employer, colleague, or another healthcare provider. Other triggers include a criminal conviction, a breach of nursing protocol, drug diversion, substance abuse, and unprofessional conduct.
Once a complaint is filed, a nursing license board investigation by TBON begins, which starts with a letter of investigation.
The Texas Board of Nursing can also initiate an investigation. Of course, a letter of investigation from TBON needs to be taken very seriously. When nurses receive a letter or anticipate a letter of investigation, consultations with TBON Lawyers Buck Johnson and Deborah Goodall are available. Do not wait to receive the letter if you know a complaint is being filed. Contact a TBON investigations lawyer at our firm today.
The ability for a nurse to continue working after being disciplined by the nursing board is determined on a case-by-case basis. The Board may allow a nurse who is reprimanded, suspended, or on probation to continue practicing. However, the Board may also suspend the nurse’s license until a specified period has passed and all guidelines and stipulations set forth by the board are met.
This variability underscores the importance of contacting knowledgeable attorneys who can guide you through the process and help protect your license. Receiving a letter of investigation or knowing a complaint is being filed are critical moments where legal consultation can make a significant difference in the outcome.
The outcomes of a BON investigation can range from no action, if the complaint is unsubstantiated, to disciplinary action such as fines, remedial education, temporary suspension, probation, or even license revocation in severe cases.
You have the right to be represented by legal counsel during a BON investigation. It’s advisable to obtain representation as soon as possible after learning about the investigation.
Yes, decisions made by the BON can be appealed. The process and timeline for doing so should be outlined in the decision letter you receive from the board.
It’s essential to cooperate fully with the investigation while protecting your rights. This includes seeking legal representation, providing all requested documents, and being prepared to answer questions honestly and completely.
Please note: This FAQ is intended as a general overview and does not constitute legal advice. If you’re facing a BON investigation, it’s important to consult with an attorney for guidance based on your specific circumstances.
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Texas Board of Nursing (TBON) Investigations
TBON Investigations are tricky and it is very important to know all of the steps involved. Missing one step could be crucial to your case.
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