As a Texas Licensed Vocational Nurse (LVN), you always prioritize your patients. You treat every patient with care and compassion. When you dedicate yourself so fully to others in your career, it can be surprising and upsetting to learn you are facing disciplinary action. Whether you have made a mistake or the allegations against you are false, all claims against you are a threat to your license, livelihood, and reputation. Protect your Texas LVN license by calling the Lento Law Firm. Our Professional License Defense Team will handle all aspects of your case, from initial complaint responses to appeals. To learn how we will fight for you, call us at 888-535-3686 or contact us online.
Texas Licensed Vocational Nurse Regulatory Board
The Texas Board of Nursing governs all nurses in Texas. Its role is to enforce all the Texas Nurse Practice Act and regulations applicable to nursing and set the minimum standards for nursing practice and education. The Board of Nursing also investigates all complaints against LVNs and imposes disciplinary action when necessary. The Board of Nursing receives over 16,000 complaints against Texas nurses (all types of nurses, not solely LVNs).
Texas Licensed Vocational Nurse Disciplinary Action Process
The Texas Board of Nursing is charged with accepting and investigating all claims against LVNs in Texas. The Board of Nursing disciplinary process against you and your Texas LVN license can be long and stressful. Even the simplest case can take months at minimum, and potentially over a year for more complex or appealed cases. You never need to go through the disciplinary action process alone. The Lento Law Firm Professional License Defense Team will support you every step of the way. Your Lento Law Firm attorney is here to listen to your side of the story and strategize an effective defense to preserve your Texas LVN license. During your consultation, your Lento Law Firm attorney will take you through the disciplinary action process in detail and answer any questions you may have. Still, an overview of the process is below.
Complaint
The Board of Nursing accepts complaints alleging that an LVN has violated the Texas Nurse Practice Act and Board of Nursing rules and regulations. It receives complaints against LVNs through its online complaint form. Complaints must include the LVN's name, a detailed summary of the LVN's alleged misconduct, including dates of each cited incident, and medical record numbers for patients if the complaint pertains to a specific patient's care. The Board of Nursing encourages complainants to be as thorough in their complaint as possible when describing the incidents and identifying other witnesses or persons with knowledge of the misconduct.
Anyone can file a complaint against you, but some people, such as other medical professionals, are mandated to report misconduct. In some states, nursing boards will inform the LVN who has filed the complaint. Texas is unique because complaints to the Texas Board of Nursing are confidential. Because of the Board of Nursing's confidentiality policy, you may never know who has filed a complaint against you or why. Not knowing who filed the complaint against you can be frustrating, but this will not impact your Lento Law Firm attorney's ability to fight back.
When the Board of Nursing receives a complaint, it will review it to ensure the alleged misconduct falls within its jurisdiction. For example, the Board of Nursing does not deal with violations of hospital policies, employer/employee, or co-worker issues that do not involve a violation of laws or regulations. Not every complaint will result in disciplinary action, and many complaints do not even warrant further investigation by the Board of Nursing. The Board of Nursing will not investigate complaints that contain insufficient information about a nurse's identity, are out of the Board's jurisdiction, or are minor incidents that, even if true, do not raise the severity of a Nurse Practice Act violation.
Upon reviewing the complaint, the Board of Nursing may temporarily suspend your LVN license. This rarely happens and is only appropriate in scenarios where it believes your continued practice of nursing would be a continuing and imminent threat to public health and safety. Temporary suspensions only occur when the alleged violation is so severe that if the allegations against you are true, your license will face revocation.
You should take any misconduct allegation as a threat against you and your LVN license, even if the claim against you is baseless. When you learn a complaint is being filed against you and your Texas LVN license, you should call the Lento Law Firm. Our Professional License Defense Team can guide you through appropriately responding to the complaint and ensuring you are best positioned to get a swift and favorable outcome.
Investigation
When the Board of Nursing receives a complaint within its jurisdiction and that if proven would constitute a violation of the Nurse Practice Act or relevant LVN regulations, it will open an investigation. Board of Nursing investigations are thorough and lengthy – the typical investigation will last between five months and a year.
The Board of Nursing will notify you of the complaint against you and the opening of an investigation. During the investigation phase, you can respond to the allegations against you. You may be tempted to type up your side of the story and send it over, but doing so without the guidance of your Lento Law Firm attorney is unwise. Our Professional License Defense Team has extensive experience drafting these responses; we know what works.
The Board of Nursing investigators will collect evidence and interview you, witnesses, employers, and any other relevant party. While the Board of Nursing may encourage you to cooperate without asking questions, you must protect yourself. Do not sit down with a Board of Nursing investigator for an interview or provide them with any information without first consulting with your Lento Law Firm attorney. Remember, the Board of Nursing exists to protect patients, not to protect you, the LVN.
At the end of the investigation, the Board of Nursing will review all the evidence. If it finds no violation of the Nurse Practice Act or nursing regulations, the case will be closed. Alternatively, if it finds a potential violation, it will begin the informal settlement process.
Informal Settlement
The Board of Nursing will begin the informal settlement process by offering you a proposed settlement. The proposed settlement will include:
- Investigative findings
- Conclusions of law
- Proposed disciplinary action/sanctions
- Stipulated requirements
Do not be discouraged if you are unhappy with the Board of Nursing's proposed course of action; this is just a starting point and is open for negotiation. The attorneys at the Lento Law Firm Professional License Defense Team are seasoned negotiators. Your Lento Law Firm attorney will discuss all the possible outcomes with you and guide you through which are most realistic. Once we know what you are comfortable accepting, your Lento Law Firm attorney will negotiate with the Board of Nursing to reduce the severity of the disciplinary actions taken against you and your LVN license.
When your Lento Law Firm attorneys negotiate with the Board of Nursing, they will do it either by submitting the suggested revisions to the proposed order in writing or by attending a settlement conference. If the Board of Nursing accepts your Lento Law Firm attorney's suggestions, it will re-issue the proposed settlement. If both parties agree to the proposed settlement, you will sign the agreement before a notary and return it to the Board of Nursing, which will vote to approve, modify, or reject the settlement at its next monthly meeting.
If the Board of Nursing is unwilling to offer you a settlement you are comfortable with, you will move forward in the formal disciplinary process.
Formal Charges
When an informal settlement is not reached, the Board of Nursing will file formal charges against you. You are required to answer these charges; if you don't, your license can be revoked by default. If you have not yet contacted the Lento Law Firm, you should. Crafting an appropriate formal response is crucial to the success of your case. Additionally, negotiations are not off the table at this point. Our Professional License Defense Team will concurrently work to negotiate the best possible settlement for you while presenting an effective defense in your formal charge response.
Hearing
All disciplinary hearings are held before an Administrative Law Judge (ALJ). Hearings are similar to court cases in that each side will present their argument, provide evidence, and hear witness testimony and cross-examination. Hearings have specific rules and procedures which must be followed closely. Your Lento Law Firm attorney has successfully represented countless LVNs in Board of Nursing hearings and is familiar with all the requirements. After the hearing, the ALJ will draft a proposal for decision (PFD).
Determinations
The Board of Nursing will review the ALJ's PFD and impose disciplinary actions on the ALJ's recommendations. The Board of Nursing may choose to take one or more of the following disciplinary actions:
- Impose monetary fines/penalties
- Issue a Warning or Reprimand with stipulations, such as required remedial education, supervised practice, performance of public service, and random drug testing,
- License suspension
- License revocation
Appeals
If you disagree with the Board of Nursing's course of disciplinary action against you and your Texas LVN license, you have the right to appeal your case in court. Many LVNs go through the entire disciplinary action process alone and are unfortunately disappointed with the outcome. If you have been fighting this battle on your own, it is time to let the Lento Law Firm finish the battle for you. Our Professional License Defense Team frequently takes LVN license defense cases at the appeals stage. Appeals are legal court proceedings and should be handled by an attorney well versed in LVN license defense appeals, like the Lento Law Firm Professional License Defense Team.
Alternative to Disciplinary Action
There are a few situations where you can participate in an alternative to a disciplinary action program. In Texas, this program is called the Texas Peer Assistance Program for Nurses (TPAPN). There are a few ways to enter the program. One way is if a complainant is alleging you are suffering from an alcohol or substance use disorder or mental illness, they have the option to file a complaint with the TPAPN instead of filing a general complaint. Alternatively, you can voluntarily enter the program. If you are concerned that a complaint has or will be filed against you on this basis, it may be worth considering participation in this program. There are many pros and cons of TPAPN that should be considered when deciding if this option is worth pursuing. Your Lento Law Firm attorney can offer you feedback from other clients who have gone through the program and highlight the risks of participating in the program.
Grounds for Disciplinary Action Against Your Texas Vocational Nurse License
Many acts of LVN misconduct can be grounds for disciplinary action, from patient privacy violations to physical harm to a patient. According to the Board of Nursing, conduct which is appropriate to report include:
- Behavior which is likely to unnecessarily expose a patient or other person to the risk of harm
- Unprofessional conduct
- Failure to adequately care for a patient
- Failure to conform to the minimum standards of acceptable nursing practice
- Impairment or likely impairment of an LVN's practice by chemical dependency, alcohol use, or mental illness
Areas We Serve in Texas
The Lento Law Firm has helped LVNs all over Texas. Our Professional License Defense Team LVN clients have come from some of the largest cities, including Houston, San Antonio, Dallas, Austin, Fort Worth, and El Paso. The Lento Law Firm has represented LVNs working in various healthcare settings, from home healthcare to nursing homes, rehabilitation centers, and hospitals. Our LVNs have cared for patients in some of the biggest healthcare systems in Texas, including Tenet Healthcare, Baylor Scott & White, and Steward Health Care System.
Retain the Lento Law Firm Professional License Defense Team
When your Texas LVN license is being threatened, the Lento Law Firm is here to fight for you. We will do everything in our power to defend your LVN license, uphold your reputation, and preserve your livelihood. Call our Professional License Defense Team today at 888-535-3686 or contact us online.
