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New Law Removes Certain Disciplinary Actions from the Board of Nursing Website

Texas license defense attorneyChanges on how disciplinary actions are reported on the Texas Board of Nursing (BON) webpage are coming! Under Texas House Bill 2950, the BON has until March 1, 2019 to remove certain disciplinary actions from its website.

Criteria for Disciplinary Actions to Be Removed

Pursuant to the Bill, the BON "shall remove a disciplinary action from the nurse licensure verification page on the board's Internet website if:

  1. The disciplinary action is the only disciplinary action taken against the nurse;
  2. The disciplinary action was taken by the Board for a violation that is not related to the practice of nursing;
  3. The disciplinary action did not result in the suspension or revocation of, or the probation of the suspension or revocation of the nurse’s license;
  4. The disciplinary action does not provide any indication that continued practice by the nurse may risk harm to a patient; and
  5. The nurse has successfully completed the requirements imposed by the Board in the disciplinary order related to the disciplinary action." Nursing Practices Act 301.1583 as amended by HB 2950.

The disciplinary actions to be removed are only for violations not related to the practice of nursing, not for actions that endangered patients or the public. Removal of disciplinary actions fitting the above criteria helps nurses avoid a permanent disciplinary mark on their record. This empowers nurses to more easily secure employment opportunities in Texas or receive licensure in other states.

Texas House Bill 2950 addresses the continuation and functions of the BON and creates a number of new regulations for the practice of nursing in Texas. The Bill allows for the continued operation of the BON for 12 more years, until September 1, 2029. It further creates new requirements pertaining to the BON Peer Assistance Program and licensure for graduates of out-of-state programs. Additionally, HB 2950 repeals the current Nurse Licensure Compact and replaces it with the new enhanced Nurse Licensure Compact (eNLC).

HB 2950 also expands the scope of what Advanced Practice Registered Nurses (APRNs) can do. Amendments to the Nursing Practices Act under the Bill allow for APRNs to complete a medical certification for a death certificate if:

  • The patient is receiving palliative care or has executed a written certification of terminal illness; and
  • Is receiving hospice care from a qualified hospice provider.

An APRN completed medical certification must be completed not later than five days after receiving the death certificate.

Hire an Experienced BON License Defense Attorney

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 the BON's complaint process. We are prepared to represent you at any legal hearing or proceeding regarding your nursing 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 proudly represents licensed professionals across the entire State of Texas. To best serve our clients we have offices in Austin, Houston, and San Antonio. Our honest, experienced attorneys will fight aggressively on behalf of your license and reputation. Contact us today or call (800) 210-0126 and schedule a case evaluation.

Get a copy of Tony R. Bertolino's #1 Bestselling book, When Your License is Under Attack: A Survival Guide for Texas Professionals in hardcover or for Kindle here.

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Attorney Tony R. Bertolino is the Managing Partner with Bertolino LLP. Our law firm has been able to help people across the state of Texas. If you need an experienced lawyer to represent you, contact Bertolino LLP today.

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