FAQ: The Texas Board of Nursing Complaint Process: What to Expect After a Complaint Is Filed

After receiving a complaint, the Texas Nursing Board conducts an initial review and assessment to determine whether it has jurisdiction over the matter and whether the allegations, if true, could constitute a violation of the Texas Nursing Practice Act or Board rules.

Complaints that fall outside the Nursing Board’s authority or do not involve potential violations may be dismissed at this stage. If the allegations warrant further review, the Board opens an investigation. If an investigation is initiated, the nurse will generally receive written notice from the Nursing Board outlining the allegations and requesting a response.

The notice may include, a summary of the complaint, the laws or rules allegedly violated instructions for submitting a written response, and deadlines for providing information or documentation. Responding thoroughly and promptly is often an important part of the Nursing Board investigative process.

Once a case is assigned to a nursing board investigator, the Texas Board of Nursing begins collecting and reviewing relevant evidence. Depending on the nature of the allegations, nursing board investigators may, review medical and employment records, interview witnesses, supervisors, coworkers, or patients, obtain incident reports and facility policies, review criminal history information, and request substance abuse evaluations or testing when appropriate.

The length of a board investigation varies based on the complexity of the case and the amount of evidence involved. After the investigation is complete, the Nursing Board reviews the evidence to determine whether sufficient grounds exist to support the allegations.

At this stage, the Nursing Board may conclude that, no violation occurred and the complaint should be dismissed; or, evidence supports a finding that Board rules or the Nursing Practice Act were violated.

When the Texas Nursing Board believes a violation has occurred, it may offer an opportunity to resolve the matter through an Agreed Order. An Agreed Order is a negotiated settlement that may include, remedial education requirements, practice restrictions or monitoring, administrative penalties, drug or alcohol screening requirements, and/or other conditions deemed appropriate by the Board

If accepted by the nurse and approved by the Texas Nursing Board, the Agreed Order becomes a final disciplinary action.

If the nurse disputes the allegations or disagrees with the Texas Nursing Board’s proposed disciplinary action, the case may proceed to a mediation, an informal settlement conference and/or possibly a formal administrative hearing before an Administrative Law Judge at the State Office of Administrative Hearings (SOAH).

If a case is not resolved during mediation or an informal settlement conference, the case proceeds to the hearing at the Texas State Office of Administrative Hearings (SOAH)

During an administrative hearing, both sides may present evidence and testimony, witnesses may be examined, and legal arguments may be made regarding the allegations

Following the hearing, the judge issues a recommendation to the Texas Board of Nursing, which makes the final decision regarding the case.

Generally, Nursing Board investigations remain confidential while they are pending. However, if disciplinary action is ultimately imposed, the final order may become part of the public record and may be reported to national nursing databases.

Complaints that are dismissed without disciplinary action generally do not become public disciplinary records.

The length of the Texas Nursing Board complaint process varies for every case. Each case is different and has a different set of facts. Some complaints may be resolved within a few months, while more complex investigations can take a year or longer. Factors such as the seriousness of the allegations, the availability of records, and the number of witnesses involved can affect the timeline.

It is very wise to seek an attorney specialized in nursing law if you receive a complaint from the Texas Board of Nursing. An experienced nursing lawyer can help evaluate the allegations, prepare responses, and protect the nurse’s interests throughout the investigation and disciplinary process.