The Texas Board of Nursing (BON) ensures that all Texas nurses comply with the rules and laws that apply to the nursing profession. As a result, BON receives complaints against a nurse for violating an applicable rule or law, including those related to nursing practice and the use of the nursing title. In these circumstances, BON must investigate whether enforcement action against the nurse is necessary.
If BON ultimately decides that you have violated a rule or law, you could face sanctions that are extremely damaging to your license and career. A nursing license defense attorney can guide you through any disciplinary proceedings that you may be facing and help you fight to safeguard your license and career.
Standards of Nursing Practice
Whether a nurse is a licensed vocational nurse (LVN), a registered professional nurse (RN), or an advanced practice registered nurse (APRN) in Texas, they are responsible for following the Nursing Practice Act (NPA) and BON rules. 22 Tex. Admin. Code §217.11 outlines the Standards of Nursing Practice.
Under these standards, nurses must practice within their educational level, experience, knowledge, and physical and emotional ability. They also must intervene appropriately to protect and promote the health and well-being of patients or others for whom they are responsible.
RNs or LVNs in Unlicensed Positions/Other Roles
No rules or laws prohibit LVNs, RNs, or APRNs from working in unlicensed or technical positions or similar roles that nurses have the education and experience to perform. However, under Tex. Occ. Code §301.004(a)(5), nurses in these positions must follow the NPA and BON rules for any actions that also fall within the scope of the nursing practice. Therefore, a licensed RN is held to the education and competency of an RN, even when in a non-RN role. Likewise, an LVN in such a position is held to the education and competence of an LVN. This statement applies only to nurses with active licenses, not those whose licenses are inactive, retired, surrendered, or revoked.
Use of the Nursing Title When Providing Related Services
Using the titles appropriate to the level of a nurse’s license implies that those individuals are properly licensed by the BON. As a result, restrictions on the use of titles exist under the NPA and BON rules.
Individuals who use these nursing titles without a Texas nursing license or a valid compact nursing license through another state commit deception and misrepresentation. They also pose a potential threat to the public.
When licensed nurses work in nursing roles, they must wear a clearly legible insignia that identifies the nurse as an LVN or RN under Tex. Occ. Code §301.351. However, since they are not necessarily wearing nametags identifying their licensure when performing other roles, they must be mindful of their responsibilities when engaging in nursing activities. If they expressly or impliedly use such titles, they must follow all applicable local, state, and federal laws and BON rules.
Therefore, even when working in an unlicensed or technical position, the BON has jurisdiction over the licensed nurse. As a result, the BON can take disciplinary action against any nurse who violates the applicable nursing laws or rules in performing nursing actions, regardless of the nature of their position.
Engaging in Activities within the Scope of Nursing Practice
Nurses working in any position and performing nursing duties must align their actions with the NPA and BON rules. Nurses must consider whether actions are within the scope of nursing practice and their level of education and experience, preferably using the BON’s Scope of Practice Decision-Making Model (DMM). If the task is not within their abilities and they perform it anyway, they could be running afoul of the nursing practice standards in terms of safety and effectiveness for patients. Nurses in this position also risk adverse consequences, including disciplinary action.
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Get Legal Advice and Protect Your Nursing License
Working in an unlicensed or technical position is a choice that many nurses make, either in addition to or in place of their nursing position. Nonetheless, as long as a nurse maintains a valid Texas nursing license, they must act in accordance with the NPA and BON rules when performing nursing duties, regardless of their position. Therefore, nurses must know their responsibilities and duties under the law when working in a non-nursing position.
A Bertolino LLP nursing license defense lawyer can review your case and help you determine the best strategy to oppose the allegations against you. We can work to protect your license and minimize the impact of the disciplinary complaint that you are facing. Call us today at (512) 980-3751 or get more information about us online.
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