The Texas Board of Nursing (BON) receives more than 16,000 complaints against Texas nurses annually. Not all complaints result in an investigation, and fewer still result in disciplinary action by the Board. If you are the subject of a complaint it is important for you to know what steps you should take and what duties, if any, you have to your employer.
Do I Have to Inform My Employer of a Pending BON Investigation?
Since investigations are confidential, there are no provisions in the Nursing Practice Act or Board Rules requiring you to tell your employer about any pending investigation. Absent an agreement stating otherwise, it is a matter of personal choice as to whether or not you choose to tell your employer.
You are afforded all due process rights and you can continue to work until the Board issues an Order that affects your employment, such as an Order that suspends or revokes your license.
At every stage of the BON's enforcement process you have the right to defend your license and the right to representation. Hiring an experienced nursing license defense attorney helps to ensure you get the best possible outcome in your case. All complaints filed against nurses are serious matters and put your license at risk. Even if you feel you did nothing wrong and that the allegations are baseless, it is critical that you take the necessary steps to defend yourself.
What Should I Do After Being Notified of a Pending BON Investigation?
By the time the BON notifies you of allegations filed against you, an investigation is already underway. The first thing you should do is calendar relevant deadlines and other important dates pertaining to your case.
The next thing to do is consult with a nursing license defense attorney with successful experience handling cases before the Texas Board of Nursing. Make sure to hire the attorney who is right for you, and you feel comfortable with and confident in. We invite you to learn more about us and how we serve our clients here.
You will need to provide the BON with an initial response to the allegations. We urge you to consult with an attorney prior to submitting your first response to the BON. With the help of an attorney you can submit an initial response to the Board that protects your rights and avoids accidental admissions of misconduct.
It is important that you understand what disciplinary action the BON has the authority to take and what they are likely to pursue in your case. Your nurse license defense attorney can review the possible and likely outcomes with you. Once you understand what you're up against, you are empowered to decide what you are willing to negotiate with the Board if your case progresses to an Informal Settlement Conference (ISC).
Defending Your Texas Nursing License
If you are facing a licensing issue or someone has filed a complaint against you with the Texas Board of Nursing, BERTOLINO LLP can help you.
Our attorneys know how to represent Texas nurses at every stage of the BON complaint process, from the initial investigation and any settlement negotiations through subsequent hearings that may follow. Contact us today or call (512) 887-7305 and schedule a case evaluation.