The Texas Board of Nursing (BON) has the authority to take disciplinary action against nurses who are found to violate the Nursing Practice Act, Board rules, or other laws. BON will issue a Board Order, which will contain findings of fact, conclusions of law, and terms of the Order. Once the Order is ratified by BON, the nurse has a duty to comply with the terms of the Order, or risk further sanctions, such as license suspension or revocation.
BON Board Order Discipline Regarding Employment
A Board Order may include nursing employment requirements, such as:
- Requirement to providing nursing care under the direct and/or indirect supervision of another nurse.
- Having nursing supervisors submit quarterly nursing performance evaluations.
- Mandate to provide direct patient care in an appropriate clinical setting for at least 64 hours per month.
- Providing employers and potential employers with full and complete copies of the ratified Order.
- Requirement to inform the Board of all nursing employers by submitting a Notification of Employment Information form. The Board will then send the nurse specific performance reporting forms and due dates so that the nurse's compliance with the Order can be properly documented.
Employment requirements imposed by Board Order typically last for at least one year. Failure to comply with any of the employment requirements of a Board Order may result in license suspension or worse.
BON Board Order Discipline Regarding Drug & Alcohol Screening
A Board Order may include a provision for employed nurses to submit to periodic, random drug and alcohol screens. If you are subject to drug screens under your Order, you are also required to abstain from the use of controlled substances and abstain completely from the use of alcohol. Read the terms of your Board Order carefully to understand your duties and responsibilities under it.
A nurse subject to drug screens, who is prescribed a controlled substance for legitimate purposes, must notify the Board of the prescription and have their healthcare providers to submit written reports identifying the medication, dosage, and the date the medication was prescribed within 10 days of the date of the prescription. A nurse subject to alcohol screens is to abstain from any product containing alcohol to eliminate the risk of testing positive for alcohol consumption. The testing procedure used to detect the presence of metabolites produced by the body following consumption of alcohol is sensitive and capable of detecting small amounts of alcohol consumption, even that in certain cough medications or alcohol-based mouthwashes.
BON Board Order Discipline Required Reporting
Board Orders may include a variety of required reporting, such as submission of probation reports, therapy reports, or support group attendance records. Nurses must submit required reports according to the instructions specified in their Board Order.
Understanding Board Orders
If you are subject to a Board Order, it is critical that you thoroughly understand its terms and your responsibilities under the Order. Failure to comply with the terms of a Texas Board of Nursing Order can result in further sanctions, including license suspension or revocation. If you are subject to a Board Order and have questions, contact our nursing license defense attorneys here.
Defending Against Disciplinary Action by the Texas Board of Nursing
If you are facing disciplinary action from BON, BERTOLINO LLP can help. We are experienced BON license defense attorneys and we know how to navigate BON's complaint process. We are prepared to represent you at any legal hearing or proceeding regarding your professional license.
Our law firm helps professionals, like you, keep their licenses when those licenses are under attack by a state agency or board.
BERTOLINO LLP represents licensed professionals across the entire State of Texas. If you are facing disciplinary action from a professional licensing board, contact us today or call (512) 717-5432 and schedule a case evaluation.