After receiving a TBON letter, you should immediately contact an attorney who is experienced in handling cases with the board. Although you might initially be scared, anxious, angry or ashamed, these emotions are completely natural when your competency and abilities are brought into question by your licensing agency. Though it might feel like you are alone, you aren’t. At Texas Nursing Lawyers, we are here to lend a helping hand to any nurse in the Lone Star State.
TBON Investigation Process
The TBON has a process it follows every time it issues an investigation letter to a nurse. A nurse has 30 days to respond to the Board or to hire an attorney. If you choose to respond to the Board on your own, it is similar to representing yourself in criminal court. It is a bad idea.
Once hired, the attorney should request all records that are a part of the investigation. It could take months for the TBON to provide the records to the nurse and their attorney. The records provide a basis for the Board’s accusation, and you and your attorney’s detailed analysis of the records is vital to your defense.
Are TBON letter allegations public?
During this time, the allegations should not be public. In other words, if a nurse is to look up his or her license on the Texas Board of Nursing website, the allegations should not be there. However, if a nurse fails to respond to the allegations, or fails to hire an attorney who sends a letter of representation to the Board, formal charges will likely be filed. Formal charges are always public.
Once your attorney receives the records, they should send you a copy of those records for you to review. After both the attorney and the nurse have reviewed the records, they should collaborate to put together a response to send to the Board of Nursing. As part of that response, it is often helpful for the nurse to obtain character letters from a variety of sources. They can be letters from past or present coworkers, friends, family or anyone that knows the nurse well.
After the board receives the response, the board will prepare a proposed order. The order will be sent to the attorney who will in turn share it with the nurse and together, they will come together to form a decision as to whether or not the nurse wants to sign the order, or continue with the case. If an agreement is not reached with the board, it is likely that formal charges will be filed against the nurse.
After formal charges are filed, the case will likely advance to trial. Prior to trial, it is possible for the nurse and their legal counsel to mediate the case with an attorney for the TBON. Mediation is an opportunity for the parties to meet informally and see if an agreed order or a dismissal can be reached without going to trial.
How can Texas Nursing Lawyers Help?
It is vital to act in a timely manner after receiving a letter from the Texas Board of Nursing. If you do not respond within 30 days or find legal counsel, formal charges will likely be filed against you and your nursing license could be at risk.
At Texas Nursing Lawyers, we are here to help you keep the career you’ve worked so hard for. Nurses help people in the hospital, we help nurses in the courtroom. If you need legal representation against the Texas Board of Nursing call (214) 384-1902 or visit TexasNursingLawyers.com to schedule your free consultation today.
For more information read more about TBON Investigations and our BON Attorneys.