When faced with a complaint to the Texas Board of Nursing, a licensed nurse is up against a difficult situation from the start, as the identity of the complainant remains confidential in every case. It can be difficult to mount a response when one’s accuser is unknown. But it is not impossible. At least the Board—which, it must be emphasized, was not created for the benefit of nurses but for their regulation on behalf of the public—must ensure due process by notifying a nurse of the complaint and the allegations that threaten to deprive them of their livelihood.
The Board of Nursing does evaluate a complaint, and many of those complaints that fall outside the Board’s jurisdiction or are about issues that would not qualify as violations of the Nursing Practice Act are never investigated.
But when investigation proceeds, the situation becomes serious enough to merit hiring a dedicated attorney with sound experience with the complaint process. Investigations can drag on for what feels like an interminable period—often from five months to a year—and a consistent level of attention needs to be paid to defending against the complaint, which can sometimes be difficult for an individual to sustain on their own.
Sometimes the Board will put forth what is called a “Proposed Agreed Order,” which is an informal solution (somewhat like a “settlement” in civil law) wherein a nurse is asked to agree to a set of sanctions in order to maintain their licensure. This should be reviewed carefully, preferably by an attorney, prior to signature.
In other cases, the Board will decide to pursue a more formal route: filing formal charges. These must not go unanswered—if the nurse makes no response, then revocation of that nurse’s license happens by default.
After answering to the charges, a nurse is put through a hearing before an Administrative Law Judge, where the presence of an experienced attorney is absolutely necessary. The Judge’s decision will be sent to the board
Experienced Nursing License Defense Attorneys
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 firm believes that immediately consulting an experienced Board of Nursing license defense attorney to review allegations of misconduct helps ensure the most favorable outcome in your case. Our results speak for themselves.
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.
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