TBON Attorney

for accusations of Misconduct, Unprofessional Behavior, Medication and Documentation Errors and other matters

Once you are granted eligibility to sit for the NCLEX, you will need to choose a testing center. The Texas Board of Nursing (TBON) allows various testing centers in various cities to administer the NCLEX.

Once you begin the test, you will have five (5) hours to complete the exam. Most nursing school students are able to complete the exam without any issue. However, from time to time, an examiner will experience a computer or system malfunction. These malfunctions include the computer shutting down or turning off, even if only momentarily or for a few minutes.

Most examiners would be completely terrified, frazzled and or confused if their computer were to malfunction in anyway. Something as seemly simple as the computer turning off could seriously shake the confidence of the examiner. A shaken, frazzled, confused and or terrified state of mind is not conducive to successful test taking.

Some examiners might be under the impression that they would have to continue testing despite this terrible interruption. This assumption is incorrect. The TBON allows NCLEX examiners to stop the exam, inform the proctor of what occurred and refuse to continue testing due to the malfunction.

Upon leaving the testing facility, the examiner should immediately alert the testing center administration and the TBON. Additionally, since the testing computer did not fail by any fault of the examiner, the examiner should promptly request that their next exam be paid for or that their first payment be applied to the next test.

The bottom line is this: if your testing computer malfunctions in the middle of your NCLEX exam, you are not required to continue or complete that exam. You can stop the exam, inform the protector of what occurred, inform the testing center administration and the TBON and ask that the initial exam payment you made be applied to the next test.

Have you been denied testing eligibility to sit for the NCLEX by the TBON? Call us today at 833-767-5867 for a free consultation or visit our website blog for more information.

The Texas Board of Nursing (TBON) requires that a nurse inform them in writing of an address change within ten (10) days of the change. This process has been made easier by the online Texas Nurse Portal where nurses can simply log in and update their addresses.
It is imperative that nurses keep their address current. There are various benefits to a nurse keeping their address current, including but not limited to:
• Receiving prompt notification of an investigation against your license
• Avoiding unintentional license revocation due to a lack of response to the Board
• Protecting their procedural right during the investigation process
A nurse can be reported at anytime by any member of the public, past or current employer or co-worker. When a nurse is reported, the TBON will complete a preliminary review to determine if they believe the nurse has potentially violated a Board rule, the Nursing Practice Act (NPA) or some other law, policy or procedure. If the TBON determines that a violation may have occurred, it will send the nurse an initial letter of investigation. This initial letter can be mailed via regular or certified mail. The TBON will not send this letter via email or call to inform the nurse of this investigation.
The initial letter of investigation contains deadlines that must be followed to avoid default judgements and protect procedural rights. If a nurse does not respond to the initial investigation letter, the TBON will make numerous attempts, by letter, both regular and certified, to contact the nurse to inform them of how their case is proceeding and request a response.
If a nurse fails to update their address, they can find that their nursing license has been revoked after being non-responsive to the TBON’s numerous attempts to contact them. Once a nursing license is revoked a nurse has a limited time period to request a hearing on the revocation, to request its reversal, however, if the nurse is not receiving any correspondence from the Board, they will likely also miss this deadline. Once a nurse’s license has been revoked, the nurse must wait a year before petitioning the Board for reinstatement.
If you have not already done so, please update your mailing address with the TBON. If you have received a letter of investigation from the TBON, contact us at 833-767-5867 for a free consultation or visit our blog for more information.

Yes, a nurse can continue working on their current nursing license even while they are under investigation.

The reason for this is that the investigation is only that—an investigation. None of the allegations that have been made against the nurse have been proven to be true. The exception, however, is if the nurse has been specifically instructed by a member of the Texas Board of Nursing (TBON) that they must cease working using their current nursing license.

Additionally, some nurses worry that they have to inform a potential employer that they are under investigation. This causes the nurses to worry that being under investigation could make them ineligible for the new position. Unless an employer specifically asks a nurse if they are under investigation (either in an application or interview), the nurse is not required to disclose this information. Additionally, there is nothing to show that most employers will disqualify a nurse on the basis that the nurse is under investigation.

The TBON estimates that most investigations are completed in six to twelve months. During that period, or sometimes beyond, if an investigation is still ongoing, the nurse might have formal charges filed against her license.

If you have received a letter of investigation from the TBON, call us for a free consultation at 833-767-5867 or visit our blog for more information.

Once the Texas Board of Nursing (TBON) sends an initial letter of investigation to a nurse, they estimate that the investigation will conclude within six to twelve months. An investigation can be shorter or longer than the estimated period.
To resolve a matter, the TBON will usually send an Agreed Order for the nurse to review. An Agreed Order is a document that outlines the allegations that were against a nurse, the nurse’s response to the allegations and the laws and or rules the TBON believes the nurse violated.
A nurse is not required to accept the Agreed Order. There are various other actions a nurse can take apart from accepting the Agreed Order.
If the nurse does not accept the Agreed Order, the next step the TBON will usually take is to file formal charges against the nurse.
Formal charges are not as frightening as they may sound. Before formal charges are filed, the fact that the nurse was under investigation had been kept between the nurse, the Board and if they have one, the nurse’s attorney. In other words, the investigation was not made public.
When formal charges are filed, the fact that the nurse is under investigation becomes public. This means that if a nurse is applying for work with a new employer and the employer looks up the nurse’s license for verification purposes, the employer will see a reference to formal charges under the nurse’s license.
Even with formal charges being filed, a nurse is still able to work. Additionally, a nurse is not required to inform a current or potential employer that they have had formal charges filed against them unless the employer requires the nurse to disclose this information. Furthermore, formal charges being filed against a nurse’s license does not mean that the nurse is guilty of any of the allegations made against them.
Has the TBON filed formal charges against you? Call us for a free consultation at 833-767-5867 or visit our blog for more information.