Nurses working in hospitals and nursing homes in the San Antonio metro area are the heart of the healthcare system. They consistently work hard to ensure patients are well cared for and nurtured back to health. However, because they're human, they sometimes make mistakes. This may cause an unsatisfied or disgruntled patient to file a false complaint against them, a co-worker to allege misconduct, or law enforcement to notify the Texas Board of Nursing of charges or convictions in the nurse's private life.
Unfortunately, once there's a formal complaint or allegation of misconduct, the Texas Board of Nursing will investigate to determine if there's any merit to the complaint. If your case goes before the board, you have to be careful. The BON takes allegations of misconduct, substance use, document errors, or medication errors very seriously. So, no matter how mild the allegation of misconduct or policy violation, you need to take steps to protect your license and means of livelihood.
In this case, the best line of action is consulting with an experienced nursing license defense lawyer in the Greater San Antonio area. The Professional License Defense Team at the Lento Law Firm represents nurses and other professionals whose licenses are threatened. We'll help navigate the often tricky BON hearings and ensure you get a fair hearing.
Call 888-535-3686 or fill out this contact form to speak to an experienced San Antonio metro area nursing license defense lawyer today.
Misconduct Allegations that Can Threaten Your Nursing License
In many instances, the board only acts if the defendant's actions are in violation of the BON rules and regulations or the Nursing Practice Act. These policies are also the reason the board doesn't act on the over 16,000 complaints that it receives every year.
In many instances, these two policies serve as the necessary guidelines for a nurse's code of conduct while on the job. Therefore, if the allegations of misconduct include violations of one or both, the nurse could face disciplinary action.
Some grounds for a disciplinary hearing include:
- Substance use or abuse
- Mental health issues
- Standard of care violations
- HIPAA or patient confidentiality violations
- Patient abuse or neglect
- Theft or fraud
- Boundary violation with patient including inappropriate sexual relations
- Felony convictions such as a DUI
- Medication errors
- Sexual misconduct
- Diversion of medication
- Patient record errors
- Wrongful death suits
- Medical malpractice suits
- Falsifying personal information
- Not complying with continuing nursing education (CNE) requirements
All of these are directly or indirectly tied to poor patient care and lacking adherence to established standards in the healthcare practice. This means that if the complaint leveled against you doesn't fall into one or more of these categories, you may not necessarily have to face a disciplinary hearing.
For example, even though a colleague can file a rudeness or hospital policy violation complaint against you, the board will likely not act on it, provided that your actions didn't violate the rules or the Nursing Practice Act.
Who Can File Complaints Against You?
The following entities can bring complaints:
- Law enforcement
- Coworkers
- Patients and/or their family members
- Employer
While these people or organizations can file complaints against you, the board isn't under any obligation to notify you of the complainant's identity. If anything, the board has a mandate to keep all plaintiff identities confidential for the duration of the hearing, including and up to changing patient's details to keep them anonymous.
This puts you at a disadvantage as you can't confront your accuser. This is why you can't afford to take things with levity when it comes to complaints that may lead to disciplinary hearings and possibly impact your license to practice. You need to have adequate legal representation that can contest the allegation and help you throughout this process.
Penalties for Nursing Violations in San Antonio
Upon determining that a nurse has violated the Nursing Practice Act or broken the board's rules, the nurse may be subject to one or more of the following disciplinary actions:
- Fine or administrative penalty
- Monitoring
- Practice or license restrictions
- Warning or reprimand
- Supervised practice
- Mandatory fulfillment of neglected duty
- Mandatory requirement to abstain from substance use
- Remedial education
- Enrollment in the Texas Peer Assistance Program for Nurses (TPAPN)
- Voluntary surrender of license
- Denial of licensure
- License suspension
- License withdrawal or revocation
Most disciplinary actions are public information and will remain permanently on the nurse's license. This is why you cannot afford to take chances with any complaints that warrant a disciplinary hearing. You need an experienced attorney to help you craft solid arguments, represent your interests, and ensure you get a fair hearing.
Disciplinary Process for Nurses in the Greater San Antonio Area
Understanding the disciplinary process is important if you want a fair outcome. A seemingly small error, such as telling the investigator more than they ought to know, can have serious consequences. The following is what the disciplinary process looks like for nurses working in the San Antonio metro area:
- Investigation and notification: The Board commences investigations into the complaint and notifies the nurse of the misconduct allegations. This allows the nurse to prepare a defense for their actions and respond accordingly. Understand that how you answer this notice letter can influence the outcome of the case. For instance, if you admit to the violation or do not directly address the complaint, it could hurt your case. You
- Collecting evidence: The investigator will seek to find and secure evidence of the allegations and specifically see if they violate the Nursing Practice Act or the board's rules and regulations.
- Initial resolutions: Upon the completion of the investigation, the investigator may close the case and expunge the record of the complaint from the nurse's license if there's no violation. If there were violations, the nurse may be sanctioned and receive an Order from the Board. This may be in the form of an Agreed Order or recommendation to the Texas Peer Assistance Program for Nurses (TPAPN). The investigator may also recommend an informal conference or refer the case for a hearing before an Administrative Law Judge (usually a last resort).
- Informal conference: This allows the nurse and their nursing license defense attorney to make their case before a select group of Board staffers. The goal of informal conferences is to reach an informal settlement in the form of a proposed Agreed Order or case dismissal and eliminate the need for a formal hearing. If an agreement can't be reached, the case may proceed to a formal hearing.
- Formal hearing: This applies if both parties are unable to reach an informal settlement. It usually takes place before an Administrative Law Judge (ALJ) at the State Office of Administrative Hearings (SOAH) in Austin. This is usually the last step and may result in a closed case or implemented actions.
Here's what the disciplinary process' visual representation looks like if you prefer that. That said, disciplinary proceedings involving nurses are delicate and highly nuanced. What you say or do not say can influence your case's outcome. Therefore, this is not something you should be thinking of doing by yourself.
A seemingly inconsequential statement or information can turn the case upside down, leading to severe outcomes for you. You need the guidance of an experienced nursing license defense attorney in the Great San Antonio area to tactfully respond to notices, provide more information, or answer questions at the hearing.
Call 888-535-3686 or fill out this contact form to discuss your case with an experienced attorney today.
Does the Texas Board of Nursing Prioritize Cases?
Yes, the board uses the Texas Board of Nursing Disciplinary Matrix to determine which cases get priority and which do not. Under Section 213.33 of the Texas Administrative Code, factors that may influence the priority level include:
- The severity of the misconduct
- Possible threat to public safety
- The record of the nursing professional's conduct
Using this matrix, the board promptly attends to the most dangerous and pressing allegations, thus protecting public safety. Why is this important to you? Well, because it's vital to understand why your case may take a long time to resolve.
Nurses generally do not like having that “cloud of uncertainty” hanging over their heads while they're trying to save lives and care for patients. It can be distracting and possibly lead to lower morale. Having the right expectations can help you manage the situation so that you're able to focus at work —if you're still allowed to work— and avoid committing more violations.
Texas Peer Assistance Programs for Nurses and How it May Help Your Case
This is an alternative to a discipline program established by the Texas Nurses Foundation that allows nurses with substance abuse or mental health-related issues to seek rehabilitation without facing the Board or undergoing severe disciplinary actions.
However, in some cases, the Board itself refers nurses to the program. This is relevant to you because if the allegations of misconduct targeted at you can be resolved by a referral to this program, it can serve as a viable alternative to more severe disciplinary actions like outright license suspension or revocation.
Under the Texas Peer Assistance Programs for Nurses (TPAPN), nurses may be able to get treatment and help whilst still being able to practice safely and earn a living. While some nurses may be unwilling to go into the program due to the associated stigma, the reality is the TPAPN may be the lifeline they need to avoid facing certain financial ruin or devastation if their nursing license is suspended or revoked.
So, although it may not be the ideal, it can sometimes be the “lesser evil” option, particularly if you're your family's breadwinner or contribute a significant portion to the family's purse.
Can a Criminal Conviction Affect My Nursing License?
Yes, according to Tex. Occ. Code § 301.4535, nurses may have their licenses suspended or revoked if they're convicted of certain criminal actions — mostly felonies. Also, if a nurse has a previous conviction, they may have their licensure application refused.
Relatedly, barring minor infractions like traffic tickets, nurses in the San Antonio metro area and throughout Texas are encouraged to self-report brushes with the law to the board. Will this influence the board's decision? Not necessarily. However, if the board receives a notice of conviction or arrest from law enforcement or a third party about your conviction, there's no knowing how much negative impact it would have on your disciplinary hearing.
That said, while the board often tries to be objective about each case, the reality is criminal convictions linked to crimes indicating that the nurse poses a major public safety risk, may play a role in the board's final decision.
We know that this is a hard decision to make. This is why if you have any doubts, talk to the Professional License Defense Team at the Lento Law Firm to determine your best course of action.
Contact a San Antonio Metro Area Nursing License Defense Attorney
As a nurse, you shouldn't be at risk of license suspension or revocation just because you made some mistakes. Yet, that's often the case with many because they wrongly assume that the board is on their side. The first thing you should know is that the Texas Board of Nursing prioritizes public safety and upholding the nursing standard above all else.
So, the fact that you've dedicated a large chunk of your life to caring for and nurturing people back to health may not necessarily count for you. In fact, depending on the allegation or complaint, the board may not even care that you had a flawless career record before the incident.
If allegations of misconduct or policy violations have been leveled against you, it is important to seek help from the experienced Professional License Defense Team at the Lento Law Firm. We can provide much-needed legal counsel, guidance, and representation throughout this process. Let us help you through this difficult process.
Call 888-535-3686 or fill out this contact form to talk to an experienced nursing license defense attorney in the San Antonio metro area today.
