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.
You've been notified of a board investigation. What now?
Don’t panic! Texas Nursing Lawyers is here to help you through every step of the process. We have the experience and resources to guide you through this difficult time. Contact us today for a consultation with an experienced TBON attorney.
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.
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.
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
Issues in a nurse’s personal life can trigger a Texas Board of Nursing investigation. When nurses suffer from a substance abuse problem, then TBON could open an investigation. The Board can also make a referral to the Texas Peer Assistance Program for Nurses or TPAPN. 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, the BON will initiate an investigation. This typically involves gathering relevant documents, interviewing the complainant, the nurse involved, and any potential witnesses. The investigator will also review the nurse’s employment record and any other necessary documentation.
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.
Contact us now if you have received a letter from the Board, timing is crucial.
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For more information about investigations check out these pages and blogs: