The Texas Board of Nursing (Texas BON) requires nurses to complete 20 contact hours of continuing nursing education (CNE) before they can renew their licenses every two years. Other requirements may also apply depending on the nurse’s professional circumstances. What happens, though, if a nurse attests to meeting these requirements without actually completing them?
Often, nurses are accused of knowingly and intentionally deceiving the Texas BON. Such circumstances can lead to sanctions on nurses’ licenses, tarnished reputations, and an unrecognizable career trajectory.
We want this page to prepare you for any audits, disciplinary proceedings, and career-defense opportunities to come. An even more effective form of preparation, though, is to call the LLF National Law Firm Professional License Defense Team today at 888-535-3686 or contact us online about fighting for your nursing career in Texas.
Continuing Nursing Education Can Be the Thorn That Snags Nurses’ License Renewal (and Careers) in Texas
The professional experience of a nurse at Houston’s Memorial Hermann Health System might be starkly different from the day-to-day experience of a nurse who works at a modest provider in Carthage or Palacios. Yet, every nurse seeking to renew their license in Texas is expected to abide by the state’s continuing nursing education requirements, which generally means:
- Understanding all of the CNE requirements for their specific professional circumstances and licensure status
- Upon applying for license renewal, attesting that “continuing competence requirements have been met”
- Signing their name to the attestation
The state’s language is clear that the nurse is expected to have completed all applicable CNE requirements at the time the nurse signs their name and submits their renewal application—not in a week, a couple of days, or even a few hours.
Any nurse who makes such an attestation that later proves to be false should prepare for the Board of Nursing to assume—rightly or wrongly—that the nurse intentionally deceived the Board to secure license renewal.
What Particular Allegations of Professional Misconduct Can Result from My Attestation of CE Hours?
Texas statutes name at least one ground for disciplinary action against nurses that could result from a false attestation during CNE reporting. Depending on how the Texas Board of Nursing’s representatives view your conduct, you may be accused of (or at least investigated for):
- “Fraudulently” obtaining “licensure”
- Practicing nursing under a license that was obtained fraudulently or “issued under false representation”
- “Fraud or deceit in procuring or attempting to procure a license to practice professional nursing or vocational nursing”
Being accused of these or any other forms of professional misconduct should command your complete, undivided attention. Do not wait to contact our Professional License Defense Team so we can understand exactly what you are suspected (or accused) of, and how we may strategically combat such a serious suspicion or accusation.
How Does Texas Conduct Audits of Nurses’ CE Hours?
As is the case in most states, Texas-based nurses swear that they have completed the required CNE hours before having to provide proof. In fact, not every nurse has to provide proof, as the Texas Board of Nursing “conducts random audits to determine compliance,” which is one reason why nurses may be tempted to make false claims about their CNE progress.
When a nurse is chosen for an audit, the Texas BON may then conduct an audit process that involves:
- The nurse being notified by e-mail, physical mail, or both 90 days before their renewal date
- The audit process is being completed through an online portal hosted by eStrategy Solutions, Inc. (eSS), the state’s contract service provider
- The nurse receives an email notifying them of the audit outcome or the need for additional action
- The nurse submitting any proof of CNE completion so that the Board’s representatives can “review” that proof
The timing of the audit process can be confusing. While policy language suggests that a nurse will be notified of an audit about three months before the renewal deadline, a nurse may not have time to address CNE shortcomings before that deadline—particularly if licensing authorities drag out the audit process.
It is noted that, if a nurse “falsifies records” or “fails to satisfactorily complete the audit,” they can be accused of unprofessional conduct and subject to discipline. Such accusations may arise in addition to an allegation of falsely attesting to the completion of CNE requirements.
Will a Misconduct Investigation Follow a Failed Audit?
If a nurse in Waco, Dallas, Austin, Houston, San Antonio, or any other Texan community fails to provide the Texas Board of Nursing with satisfactory proof that they have completed continuing competency requirements, there is a significant likelihood of a misconduct investigation.
Keep in mind that “failing to satisfactorily complete” an audit is in itself a form of professional misconduct. Therefore, a failed audit (and potentially other misconduct allegations) may trigger the BON’s Investigatory & Disciplinary Process that involves:
- An investigation led by the BON’s investigations team, which generally takes between five and 12 months
- If the investigations team determines that “a sanction against the nurse is needed,” an Order of the Board may detail the proposed sanction(s) and rationale behind them
- The nurse may request revisions to the proposed sanction(s), which may be a step towards negotiating a disciplinary settlement
- If the parties don’t reach an agreement, the Texas Board of Nursing may file formal charges
- The nurse may attend a public disciplinary hearing overseen by an Administrative Law Judge
- The Texas Board of Nursing makes a post-hearing disciplinary decision after considering the Administrative Law Judge’s findings
- The nurse may exercise their right to a judicial appeal, should they face a disciplinary decision they consider unacceptable
Keep in mind that nurses may appeal the results of a CNE audit within 20 days of receiving notice of the result. However, many nurses should brace for potential misconduct-related proceedings we have detailed here if the results of an audit are unfavorable. The soundest mode of preparation is to contact our Professional License Defense Team right away.
What’s at Stake If I’m Found Responsible for CE-Related Professional Misconduct?
Among the formal consequences of a failed audit and finding of professional misconduct may be:
- Denial of your request to renew your nursing license
- Warning
- Reprimand
- Restrictions on your practice privileges
- License suspension
- License revocation
If you are found not to have completed continuing competency requirements, and perhaps also to have engaged in willful misconduct, the possibility of losing your license—temporarily or for a long period of time—is real.
Even more daunting is the prospect that the discipline you suffer as a Texas-based nurse may alter the course of your career, even if you move states. The National Council of State Boards of Nursing (NCSBN) and shared resources like the Nursys database make the consequences of nursing discipline a nationwide problem. Prospective employers and other states’ licensing authorities may immediately become aware of discipline against you.
Whether you are facing an audit, fear that an audit may come, or are actively suspected of CNE-related misconduct, call the LLF National Law Firm Professional License Defense Team today at 888-535-3686 or contact us online. These types of circumstances can spiral into career-threatening disciplinary action, and we will work urgently to contain this problem for you.