With its shortage of physicians, Texas has a heavy demand for nurse practitioners, and professionals are filling the demand. You'll need both a Registered Nurse license and a qualifying graduate degree to meet the minimum qualifications, but once you're licensed, your status will be in effect for two years and renewable indefinitely.
Nurse practitioners in Texas must follow a code of conduct to maintain a license. The state Board of Nursing (BON) issues licenses and works throughout the year to ensure patient safety. If you hold a professional license in the state, one complaint could put your license at risk. An experienced professional license defense attorney can help you navigate any pending disciplinary actions, including showing up at hearings and preparing responses.
The Lento Law Firm Professional License Defense Team has extensive experience in navigating Texas's healthcare licensing regulations. If your nurse practitioner license is in jeopardy, we can work with you to ensure you have the best chance possible of retaining it. Get in touch with our team at 888-535-3686 or contact us through our form and tell us a little about your case.
Texas Board of Nursing Disciplinary Procedures
The Texas BON receives more than 16,000 complaints every year, and every valid complaint must be investigated. If the complaint has all the necessary information, the board will launch an investigation, and if the complaints are founded, disciplinary procedures will result.
In Texas, nurse practitioners are referred to as certified registered nurse practitioners (CRNPs). As in other states, medical professionals must follow a code of conduct to continue to practice. The following are some instances where a CRNP might face disciplinary action, including license suspension:
- Unsafe practice: This category includes a variety of actions that amount to negligence. If you fail to perform your duties and that failure puts patient safety at risk, you could lose your license.
- Misconduct: A broad range of behaviors fall under this category, including violating professional boundaries with patients, falsifying records, verbal or physical abuse of patients or others, and threatening or violent behavior in the workplace.
- Illegal substances: Use of controlled substances while on duty can lead to a license suspension. Texas also penalizes medical professionals for diverting drugs, falsifying records related to drugs, or failing a drug screen for a substance that has not been prescribed.
- Failure to pay child support: In Texas, failure to pay child support can lead to revocation of a professional's medical license.
- Leave without notice: Abandoning an assignment without notifying the appropriate personnel can lead to license revocation.
Texas Board of Nursing Complaint Investigation
In Texas, CRNPs must remain compliant with the Nursing Practice Act (NPA), a multipage document that outlines standards of conduct. If a complaint proceeds to an investigation, the BON will notify the professional, who will have a chance to submit a response demonstrating compliance with the NPA. During the initial stages of the investigation, the BON will gather documentation and get in touch with witnesses to determine if there has, indeed, been a violation.
In some cases, the BON will find no violation, at which point the case will be closed, and your license will remain in place. If the complaint proves unfounded, all evidence of it will be expunged from the CRNP's record, but the entire investigative process can take up to a year.
Texas Board of Nursing Disciplinary Procedures
What happens when an investigation reveals a violation? The board typically shoots for a settlement. You'll receive paperwork showing the results of the findings and a proposed resolution. This resolution will tell you exactly what you'll need to do to resume practicing, if that's an option.
You'll need to sign the settlement paperwork in front of a notary and return it for review. If you disagree with the settlement offering, you can indicate that on the paperwork, and the board will consider amending it.
In some cases, you'll be invited to attend a hearing to discuss your case in person. These are held in Austin, so unless you live in the area, you'll need to prepare to travel on the day of the meeting. If your situation can't be resolved through the informal process, the board will issue a formal settlement. If you don't respond to settlement offers, your license may be revoked by default.
Sanctions Against CRNBs in Texas
Losing your license is the most extreme penalty attached to code of conduct violations in Texas. Here are some of the sanctions you could face if the board finds you in violation:
- Warning or reprimand with or without fines
- Required training or education with or without fines
- Limits on your CRNB license
- Probation
Additionally, your sanctions will usually be public information and, unless otherwise stated, will go on your permanent record. Your current employer may be notified of the disciplinary action and provided a complete copy of the board order.
Appealing Disciplinary Decisions in Texas
The Texas Board of Nursing has an appeals process in place for its findings. You'll have 20 days after notification to file your appeal in writing. The board will review your appeal and may even ask you to appear in person to state your case. Once the board makes a decision on this appeal, it's final.
This is where an attorney can help. The Lento Law Firm Professional License Defense Team represents CRNPs from Amarillo to Corpus Christie, helping resolve complaints as early in the process as possible. If it becomes necessary to attend a hearing in person, our attorneys can represent you in front of the board in Austin, whether it's part of the original process or you're appealing a final order.
Multistate Licensing and License Defense
Texas is part of the Enhanced Nurse Licensure Compact (eNLC), an agreement that allows nurses to practice across state lines. Most states participate in eNLC, which means if you live in Texas and hold a multistate license, you can work throughout the country.
If you lose your license in Texas, it will also affect your multistate license. The same goes for a multistate license you were issued elsewhere that allows you to practice in Texas. If another state revokes your license, your multistate license can be revoked along with it.
Even if you don't hold multistate licensing, though, you won't be able to pack your bags and leave the state to practice elsewhere. Disciplinary actions are reported to the National Practitioner Data Bank (NPDB), which is accessible to other states. These reports remain permanently stored in the data bank unless the reporting entity removes them. Nursing-related disciplinary action is also reported to Nursys, a national nurse licensure and disciplinary database.
Ramifications of Losing Your Nursing License
Losing your license means losing your ability to practice nursing for at least the short term. But that doesn't mean you lose all employment options. You may even be able to continue to use your nursing education and experience in a separate setting.
While you're waiting to get your license back, consider working as a home health aid or as a receptionist in a medical office. You could also teach or work as a medical transcriptionist. Some positions require a background check, though, and if such a check surfaces your board disciplinary action, you may find you're turned down for jobs related to the healthcare profession, at which point a complete career shift may be in order.
Getting Your License Back
If you lose your license, all hope isn't lost. The Texas BON allows you to apply for reinstatement of your nursing license. You'll just have to wait at least one year from the effective date of the license being pulled. The board will review your request and make a decision. The board may agree to reinstate your license provided you meet a qualification or two, such as completing a continuing education course.
To request a license reinstatement in Texas, you'll need to:
- Send your request in writing to the BON, attaching all required documentation.
- Attend a hearing in person to state your case.
- During the hearing, adequately convince board members that you're in compliance with all requirements and safe to resume practicing.
- If your appeal is denied, you can escalate it to the State Office of Administrative Hearings for a final opinion.
- Your denial will typically include a period of time that must elapse before you can try again for reinstatement.
With so much wait time between requests, it's important to make sure you give yourself the best chance possible each time you approach the BON. The Lento Law Firm Professional License Defense Team will review all documentation and help you craft powerful responses aimed at getting results.
Defending Your License in Texas
With so much at stake, it's important to equip yourself with the best defense from the first notice of complaint. The Lento Law Firm Professional License Defense Team can help you throughout the investigation process, as well as preparing responses and appeals and appearing at any hearings.
Texas's BON takes its disciplinary action seriously, with harsh penalties and strict standards for reinstatement. CRNPs need to be able to gather documentation and write responses that clearly state their case. If the time comes that you do need to appear in person, having an attorney by your side can make the process easier.
Helping CRNPs Across Texas
The Lento Law Firm Professional License Defense Team helps CRNPs at some of Texas's most prominent medical facilities. Here's a small sampling of the many employers we're familiar with across the state.
- UT Southwestern Medical Center in Dallas
- Houston Methodist Hospital in Houston
- St. David's Medical Center in Austin
- Baylor Scott & White Health statewide
- University Medical Center of El Paso
- Texas Health Arlington Memorial in Arlington
- Cook Children's Medical Center in Fort Worth
How the Lento Law Firm Team Can Help
If your license is at risk, the Lento Law Firm Professional License Defense Team can help. Here are some ways we'll assist with your case:
- Explaining the process: Most communication with the Texas BON will be through the mail, making it tough to ask questions about the process. Our attorneys are familiar with Texas BON licensing procedures and can walk you through what to expect at each stage of a disciplinary investigation.
- Avoiding sanctions when possible: From the time you get the first notice of an investigation, the clock is ticking. Unless the complaints can be dismissed quickly, the BON will start digging around to determine whether a violation has been committed. Our team can help go through your case to prepare you to respond when the time comes.
- Conducting an independent investigation: Our legal team will conduct an investigation of our own, interviewing witnesses and gathering documentation. We'll disregard hearsay and only collect verifiable facts.
- Seeking other settlement options: the Lento Law Firm Team will look for potential routes of settlement outside of the Texas Board of Nursing. If the BON's Office of General Counsel is open to discussions, we'll directly connect with them to reach a settlement.
- Staying on top of paperwork: When the BON requests a response, our team will work with you to ensure all paperwork is both completed and submitted on time.
- Attending hearings: Facing the BON in person can be intimidating, but having an attorney by your side can make it easier. We'll not only be by your side, but we'll also represent you, speaking on your behalf.
- Managing appeals: No decision is actually final. If the board rules against you, we'll ensure all appeals are filed on time, with wording that gives you the best chance.
- Pursuing further legal action: When all other efforts fail, we'll work with you to outline steps we can take outside the BON process.
As a certified registered nurse practitioner, you've worked hard to build your career. Having your future as a CRNP at risk can be stressful. The Lento Law Firm Professional License Defense Team has years of experience in helping healthcare professionals protect their licenses. If your Texas CRNP license is in jeopardy, call 888-535-3686 or provide some information about your case using our online form, and we'll get in touch.
