The BON gives due procedure to medical attendants by telling them of the examination and the charges, unless doing as such would endanger the examination, and medical caretakers are given a chance to react to the claimed direct and to show consistence with the Nursing Practice Act (NPA). Over the span of the examination, applicable confirmation is gotten and witnesses are reached. While the dominant part of most examinations is led through the mail and via telephone, on-site examinations are also common.
After significant proof has been acquired, the investigation team audits the evidence keeping in mind the end goal to figure out if or not an infringement of the NPA happened. In view of the survey of the proof, a few cases are shut, and, contingent on the particular kind of conclusion, the dissension and all confirmation will either be erased quickly from the nurse’s file or closed for a particular timeframe as indicated by the Board’s maintenance arrangements. Closed cases in which the document has been held might be reopened if additional evidence has transpired.
Cases in which the evidence at hand demonstrates that an approval against the nurse is required keeping in mind the end goal to ensure people in general will bring about an Order of the Board and will incorporate both the assent and any prerequisites set on the nurse for maintenance of his/her nursing license. Sanctions may incorporate a warning, fine, education, suspension, probation, and revocation. Most Board Orders are public data and, with the exception of conceded disciplinary requests that have been effectively finished, are lasting assignments in the licensure records of the nurse.
An investigation commonly takes five (5) to twelve (12) months to finish, contingent upon the circumstances. While various components outside the ability to control of Board staff and the nurse under scrutiny influence resolution time, case determination time is determinedly observed and inner procedures are routinely assessed and frequently enhanced to guarantee grievances are determined as fast as could be allowed. Both the complainant and the medical caretaker being explored are advised occasionally of the status of every examination, and unless educated else, all complainants are told of the ultimate results of examinations.
Informal Settlement Processes:
The informal settlement process commonly starts with nurses being offered proposed concurred orders containing the investigative discoveries, conclusion of law, sanction, and stipulated prerequisites that are important to ensure that the nurse is safe to practice nursing.
At the point when the nurses concur with the substance of the proposed concurred request, they sign their request before an official notary service and return it to the Board’s office. Concurred requests are then planned for survey and endorsement by the Board every month. In spite of the fact that the dominant part of concurred requests investigated by the Board are acknowledged and endorsed, the Board may then again vote to alter or dismiss any request with which they oppose this idea.
In the event the nurse doesn’t concur with the proposed orders, he/she may submit particular recommended corrections to the proposed orders in composing for the Board’s overview. On the off chance that any of the submitted amendments are acknowledged, new proposed concurred orders consolidating the acknowledged revisions will ordinarily be sent.
Now and again, and at the Board’s discretion, nurses might be invited to go to the informal settlement conference, frequently booked a month or more ahead of time, at the Board’s locations in Austin, Texas. Informal conferences are led by the Executive Director, or his/her designee, and are attended by the Director of Enforcement, one of the Board’s lawyers, and the appointed specialist, and additionally other Board staff. Amid every meeting, the nurse and Board staff exchange with respect to the evidence at hand, conceivable infringement, and adequate settlement. At the conclusion of the conference meeting, the nurse is informed of the board’s suggested action of their case. At the point when the board decides activity is justified to ensure people in general, new proposed concurred requests are sent to the nurse. Similarly as with other proposed concurred orders, the nurse may sign their request before a legal official and return it or they may submit particular recommended updates to the proposed orders in composing for the Board’s consideration.
At the point when requests are sanctioned, they get to be last Board orders and the terms get to be successful. A duplicate of every last Board request is sent to the medical attendant and to the last known business, and complainants are informed of the result. Most disciplinary moves made by the Board are open data and turn into a changeless part of the licensure record. Disciplinary activities are imprinted in the Board’s quarterly bulletin and are likewise answered to the National Council of State Boards of Nursing, Inc., and the National Practitioner Data Bank (NPDB).
Formal Settlement Processes:
Whenever nurses and the Board can’t achieve understandings for an informal settlement, or if the Board can’t reach nurses amid examinations, the Board documents formal charges, which oblige nurses to record answers to the charges in writing. At the point when obliged answers to formal charges are not recorded, cases may continue toward revocation of the license(s) as a matter of course.
On the off chance that responses to the formal charges are documented, negotiations may proceed toward concurred settlements while formal, open disciplinary hearings before the Administrative Law Judge (ALJ) are being booked. At the point when cases don’t achieve concurred settlements, they continue to hearings at which Board staff presents evidence and nurses exhibit their side of the case. After every listening to, the ALJ presents a proposition for choice (PFD) to the Board, and each PFD contains the Judge’s discoveries of actuality and finishes of law. The Board surveys and follows up on each PFD by enforcing disciplinary action or by shutting the case with no further action.
Questions About the Board of Nursing Complaint Process?
Need more information regarding the official Board of Nursing complaint process including the investigation, disciplinary and settlement process?
This video was developed by the NCSBN 2010 Disciplinary Resource Committee and produced by NCSBN which shows the Nursing Board Compliant Process: YouTube – Uploaded by NCSBNInteract on May 7, 2010
Everyday, nurses all over the state of Texas dedicate themselves to helping others and saving lives. Unexpected situations can come up which may threaten your nursing license or prevent you from doing your job. This can be a very stressful and painful time for nurses; at the Law firm of Yong J. An, we have years of experience providing confidential and compassionate nursing license defense services for nurses all over Texas, including Houston, Dallas/Ft. Worth, San Antonio and Corpus Christi.
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What Are Grounds for Discipline?
- Standard of Care Violations
- Sexual Violations
- Fraud, Theft & Deception
- Use of Drugs & Alcohol
- False Representation of Information (Lying)
- Failure to Comply with CE Requirements
- Failure to pay Licensure Fees in a Timely Manner
- Committing a Criminal Offense
- Malpractice Suit or Judgment
- Any Other Conduct That is Deceptive in Nature
What Types of Penalties Can I Face?
- Administrative Penalty (Fine)
- Directive to Fulfill Neglected Obligation (Specific Performance)
- Public Reprimand
- License Restriction or Impositions on Practice
- TPAPN Directive
- Probation of a License Suspension
- Active Suspension as a Requirement of Probation
TIP: Do not sign a proposed agreed upon order before consulting a knowledgeable Texas Nurse License Defense Attorney. Yong J. An is on call 24/7, for emergency call (832) 428-5679