The Texas Board of Nursing receives thousands of complaints per year. It is important to note that not all complaints end up resulting in disciplinary action or an investigation; however, the ones that do must be taken seriously.
There are many reasons why not all complaints may end up in disciplinary action; some of which include insufficient information regarding the incident or the identity of the nurse. The identity of the nurse in question is always kept confidential.
There are three steps in the Texas Board of Nursing (BON) disciplinary process:
- Investigation Process: The Texas BON must notify the nurse in question of the allegations and give the nurse appropriate opportunity to respond to the allegations so the nurse can show compliance with the Nursing Practice Act (NPA). During this phase, evidence is gathered and witnesses are questioned.
- Informal Settlement Process: The first part of the informal settlement process is to provide a proposed agreed order that includes what was discovered in the investigation process, sanction, conclusion of law as well as any stipulated requirements that the nurse is safe to practice nursing in the State of Texas.
- Formal Settlement Process: if both parties are unable to come to an agreement for an informal settlement or if the Texas BON is unable to reach the nurse during the investigation period, the Texas BON will then proceed to file formal charges. Once formal charges are filed, the nurse is required to respond to the answers in writing. If for some reason, the nurse fails to answer and respond to the formal charges, the nurse’s license may be revoked by default.
This is why it is very important to take the complaint seriously if you receive a letter from the Texas BON. Do not ignore the letter, it is imperative that you respond in a timely manner.
If both parties are unable to negotiate an agreed settlement, then the case will proceed to hearings at which the BON will present evidence and the nurse will be permitted to present his/her side of the story.
If you are confused on how to best respond to the complaint letter, it is advisable to consult an experienced Texas Nurse Defense Attorney who can counsel you on how to best respond to the Texas BON.
Questions About Texas Board of Nursing Disciplinary Process?