Frequently asked questions About Enforcement

All complaint information submitted to the Texas Board of Nursing (BON or Board) is kept confidential throughout the entire process of the investigation. Even if the nurse is disciplined publicly, he/she never learns the source of the complaint from the BON.

If an investigation is opened on you, you do not have to tell your employer and you may continue to work. The investigation is completely confidential. You are afforded all rights under due process, and no action is taken on your license until the Board issues an Order.

An investigation typically takes five (5) to twelve (12) months to complete, depending on the circumstances. The complainant and the nurse being investigated are notified every three (3) months of the status of the investigation. Reasons for delays in completing the case are numerous and factors creating these delays are often not within the control of the investigator, the Board, or the nurse under investigation. The complaint will be resolved as soon as possible.

Yes, the Nursing Practice Act for the State of Texas, Section 301.402 (b), states that a nurse has the responsibility to submit a written, signed report to the Board when he/she has cause to suspect wrong-doing by another nurse. Failing to do so is a violation of the Act.

The burden of proof to any allegations is always on the Board, not the nurse accused. The goal of each investigation is to discover the truth. Providing the investigator with all information requested in a prompt fashion is most helpful, and the Board will conduct a fair, impartial investigation of the allegations against you.

Every effort is made to protect the identity of patients during the entire process of the investigation, and records have all identifying information deleted.

Yes, the nurse under investigation has the right to access the records compiled during the investigation, with the exception of any complaint information and information not subject to disclosure. He/she can make a written request to the investigator assigned to your case, and he/she will supply the records as soon as they are available, but the nurse must incur the costs for copying the records. If it is convenient, the nurse under investigation may make an appointment to visit the investigator in the Board's office to review the records which would eliminate the need to copy them.

Rule 217.7 of the Texas Board of Nursing Rules and Regulations Relating to Nurse Education, Licensure, and Practice instructs all licensees to notify the Board of changes of address and name within ten (10) days. This is each nurse's responsibility, and it is not the responsibility of the Board to search for licensees if we should receive a complaint against them. Current addresses ensure that you would be notified promptly, as required by the law, and that you would have sufficient opportunity to respond to any allegations against you. An investigation may proceed and charges may be filed against a nurse even if he/she cannot be located.

Any cases which are resolved with disciplinary action become public information. The Board is a public entity, and as such is subject to open record laws. Any cases which result in formal charges being filed, become public information at the time the charges are filed, and continues to be public information throughout the remainder of the disciplinary process.

Final Orders of the Board are public information. The designations of warning, reprimand, and suspension/probation are permanent designations on the license of a nurse, even when the stipulations have been completed. The Board has no statutory authority to remove these designations from licenses.
See Section 301.158 and Section 301.463 (c).

Yes, the Nursing Practice Act provides for the voluntary surrender of a license. A license will not be reinstated until at least one year has lapsed from the date of surrender and the Board determines that the nurse is competent to resume practice. The nurse must apply for reinstatement.

Please read the Board's Instructions for Urine Drug Screen Collection for detailed information.

Texas Peer Assistance Program for Nurses (TPAPN) was established for nurses to help nurses. It helps RNs and LVNs get through the difficulties of substance abuse and/or mental illness -- and get back to work. For information regarding TPAPN's role, please see their website; http://www.texasnurses.org/displaycommon.cfm?an=1&subarticlenbr=107.