The Texas Board of Nursing (BON) regulates the practice of nursing in Texas. The BON is responsible for ensuring that each person holding a license as a nurse in Texas is competent to practice safely. Under the Texas Nursing Practice Act, the BON is authorized to take disciplinary action against a nurse. Tex. Occ. Code §301.453.
If after an investigation the Board determines that a nurse or nurse-applicant has violated a law or rule, then it can enter an Order imposing disciplinary action. The BON can impose one or more of the following disciplinary actions:
- Revocation of the person’s license.
- Suspension of the person’s license.
- Denial of the person’s application for a license or license renewal.
- Limitation or restriction of the person’s license, including:
- Limiting to or excluding from the nurse’s practice one or more specified activities of nursing; or
- Stipulating periodic board review.
- Administration of a public reprimand.
- Assessment of a fine.
- Issuance of a written warning.
- Require the person to practice for a specified period under the direction of a registered nurse or vocational nurse designated by the Board.
- Require the person to submit to care, counseling, or treatment by a health provider designated by the Board as a condition for the issuance or renewal of a nursing license.
- Require the person to participate in a program of education or counseling prescribed by the Board, including a program of remedial education.
- Require the person to perform public service the Board considers appropriate.
- Require the person to abstain from the consumption of alcohol or the use of drugs and submit to random periodic screening for alcohol or drug use.
Tex. Occ. Code §301.453. The Board may impose one or more of the above listed disciplinary actions against a licensee. A nurse may be disciplined for a number of actions, such as violating the Nursing Practice Act or a Board Rule, conviction of certain crimes, unprofessional conduct, use of alcohol or drugs that endanger a patient, failure to care adequately for a patient, or other actions enumerated under the code. Tex. Occ. Code §301.452(b).
When the BON orders disciplinary action against a nurse, it must be made public. The BON publishes Board Orders here. In its Notice of Disciplinary Action - 4/2019, the BON lists 238 nurses who had disciplinary action taken against their license. In its Notice of Disciplinary Action - 01/2019, the BON lists 312 nurses with disciplinary actions taken against their licenses.
When the Board makes a finding that a violation occurred, it does not hesitate to impose sanctions against its licensees. Being subject to disciplinary action by the Texas Board of Nursing is serious. It can indelibly harm your career. It can ruin your reputation and make securing future employment difficult. Even a single complaint against you can wreak havoc on your nursing career indefinitely.
Have An Advocate on Your Side
If you have been notified of a complaint filed against you with the Texas Board of Nursing, 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 results speak for themselves. Contact us today or call (512) 717-5432 and schedule a case evaluation.
For more helpful guidance, read our article The Do's and Don'ts of Appearing Before the Texas Board of Nursing (BON). Also, you can get a copy of Tony Bertolino's Bestselling book When Your License is Under Attack: A Survival Guide for Texas Professionals in hardcover or for Kindle here.
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. With offices in Austin, Houston, and San Antonio, we serve clients all over the state. As experienced attorneys, well-versed in state and federal laws, we know how to win. If you are facing disciplinary action from a professional licensing board, contact us now at (512) 717-5432 to schedule an initial consultation.