Texas Nurses Attorney

Board investigations usually arise because a patient, a patient’s family member, or a healthcare facility files a complaint with the Texas Board of Nursing, or the “Board” or “BON” as it is often called.

Some of the most common complaints include:

• Patient abuse or neglect
• HIPAA violations
• Failure to document medical charts
• Falsely documenting medical charts
• Medication errors
• Drug diversion or impairment
• Failure to properly waste medication

A BON investigation usually begins with the BON sending a letter to the nurse informing them that they are the subject of an investigation to determine whether they have violated the Nursing Practice Act.

The letter will summarize the allegations and request a written response within a certain amount of time, usually 30 days.

It is important to respond and to challenge the allegations because Board discipline can be severe and can result in public sanctions on your license.

Based upon the severity of the allegations and the evidence involved, the BON will usually either dismiss the investigation or offer to informally settle the matter with an Agreed Order. The Agreed Order can range from a confidential non-disciplinary Corrective Action to a public disciplinary Order which may include:

• Remedial education
• Warning
• Reprimand
• Licensure suspension or revocation

This is where having an experienced Texas nurses attorney representing you can make a big difference.

The Nurse or the Nurse’s attorney may negotiate with the Board to lower the sanction level or to include language in the Order more favorable to the Nurse.

At some point the Board may offer to conduct a meeting, called an “Informal Settlement Conference” (ISC), to attempt an agreed resolution. If this informal settlement process is not successful, and no agreement can be reached, the case will typically move to formal disciplinary proceedings.  

Formal discipline begins with the filing of formal charges by the Board of Nursing with the State Office of Administrative Hearings, often referred to as SOAH.

Failure by the Nurse to file an Answer to the charges may result in a default judgment being taken against the Nurse and a disciplinary Order being entered. Once the Nurse files an Answer the case may proceed with the discovery process, which can include interrogatories, requests for production, requests for admissions, and depositions.

The parties may continue to attempt a negotiated resolution, but if that fails the case will go to a formal hearing, much like a trial, before an Administrative Law Judge who will decide whether the allegations against the Nurse are true.

If the judge decides the allegations have been adequately proven, they will issue that ruling and the Board may impose discipline accordingly