The Texas Board of Nursing (BON) regulates the practice of nursing, sets licensure standards, and enforces all pertinent rules and regulations. Recent press coverage of “Operation Nightingale,” a scheme in which individuals are accused of obtaining fraudulent nursing credentials, has led to multiple formal charges before the Texas BON. If the BON accuses you of violating the rules or laws that govern the nursing profession, your reputation and career are at risk. When you receive notice of a potential violation, such as involvement in Operation Nightingale, the stakes are high. How you choose to respond to the nursing board can significantly influence the outcome.
At Bertolino LLP, our Operation Nightingale license defense attorneys help licensed nurses navigate these challenges with strategy and precision. We will work to protect your rights, guide you through the disciplinary process, and build a strong defense to safeguard the career you’ve worked hard to achieve.
The History of Operation Nightingale
In 2023, the U.S. Department of Justice (DOJ) launched “Operation Nightingale,” alleging that various Florida-based nursing programs had issued over 7,600 fake nursing certificates. The DOJ arrested 25 individuals related to the scheme. In 2025, the DOJ announced indictments for 12 more individuals on wire fraud charges stemming from the scheme. At least three Florida nursing programs were shut down because of arrests related to the scheme.
The illegal scheme involved individuals selling false nursing degree diplomas and school transcripts. According to the DOJ, individuals purchased these documents for $17,000 for RN degrees and $10,000 for Licensed Practical Nurse and Licensed Vocational Nurse degrees. Once they obtained the documents, the individuals used them to sit for the national nursing board exam (NCLEX). Once they completed the exam, they became eligible for registered nurse (RN) or licensed practical/vocational nurse (LPN/LVN) licenses in various states even though they had no education or practical experience in nursing. The DOJ estimates that about one-third of these individuals successfully took and passed the NCLEX exam. Those individuals reportedly used fraudulent documents to obtain nursing licenses in Florida, Delaware, New York, New Jersey, and Texas.
A network of individuals reportedly had operated the scheme since 2016, and the DOJ began investigating after receiving a tip in 2019. Over the years, the FBI claims that the individuals running the scheme profited by more than $114 million.
The Texas BON Responds to Operation Nightingale
All state nursing licensing agencies took steps to identify individuals who may possess false credentials that allow them to become licensed in those states. The Texas BON ultimately filed formal disciplinary charges against 25 nurses based on probable cause that they violated an act in Tex. Occ. Code §301.452(b) or another law. At this point, the nurses are only facing disciplinary charges, so they remain able to work as nurses. However, as disciplinary proceedings proceed, these nurses could find themselves unable to continue working in the nursing profession, depending on BON findings.
Likewise, BON has denied licensure to three applicants under Tex. Occ. Code §301.452 and §301.453 for allegedly fraudulently obtaining educational credentials as part of the same scheme. These individuals have the right to challenge BON’s denial of their licensure under Texas law. Challenging a denial of licensure is the only way that these individuals can become eligible for a Texas nursing license. Any applicants in this position should be sure to understand their legal rights if BON denies their license applications.
Frequently Asked Questions (FAQ)
What should I do if I receive a preliminary letter of investigation from the Texas Board of Nursing?
A preliminary letter signals that BON has questions about your credentials, conduct, or compliance with the Nursing Practice Act. Even if the letter seems informal, your response can shape the entire trajectory of the case. Nurses should avoid replying impulsively or providing unnecessary details. Instead, gather relevant documents, avoid making assumptions about the allegations, and consult a nursing license defense attorney before submitting any written statement. Early legal guidance helps prevent missteps that could later be used against you.
Can a nurse continue working while the Texas BON investigates allegations related to fraudulent credentials?
In most cases, yes. BON investigations and formal charges do not automatically suspend or revoke a license. Nurses typically remain authorized to work unless BON imposes temporary restrictions or takes emergency action. However, employers may have their own policies regarding pending investigations. Because board investigations and proceedings can move slowly, maintaining compliance with all workplace requirements and avoiding any additional complaints is essential while the case is pending.
What rights do applicants have if the BON denies licensure based on suspected involvement in a credentialing scheme?
Applicants who receive a denial are not without options. Texas law allows individuals to challenge the decision through a contested administrative hearing, where they can present evidence, call witnesses, and dispute BON’s findings. This process is often the only path to obtaining a Texas nursing license after a denial of licensure, whether due to allegedly fraudulent credentials or another reason. Individuals in this situation will benefit from legal representation that understands BON’s investigative methods and the nuances of hearings before the State Board of Administrative Hearings.
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Protect Your License with Trusted, Strategic Representation
Safeguarding your nursing license means protecting the career, reputation, and future you’ve worked hard to build. When disciplinary issues arise, having experienced guidance can make all the difference. At Bertolino LLP, our nursing license defense lawyers are committed to helping you understand your options, protect your rights, and move through every stage of the process with clarity and confidence.
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