The TBON can impose various types of disciplinary actions on a nurse depending on the type of violation(s) the nurse has admitted to or has been found to have committed.
The list below contain the levels of disciplinary action a nurse can face. These are organized from the least impactful to revocation.
Corrective Action Discipline
This level of discipline usually involves:
- completing a form of remedial education and
- can be accompanied by a fine ranging from $250 to $5000
Corrective actions can be kept confidential, in other words, it does not have to be reported on a nurse’s license. A corrective action is not available if there is evidence of intentional conduct or the nurse has a prior history of discipline with TBON. The Enforcement Director, Anthony Diggs, must approve this level of discipline. Corrective actions are not available for nurses practicing under a compact nursing license.
Remedial Education Discipline
This level of discipline usually involves completing remedial education courses. Remedial Education discipline cannot be kept confidential. This means it will be reported on a nurse’s license. The good news, however, is that this discipline can be deferred. When discipline is deferred, this means that if a nurse does not have any further incidents that are reported to the TBON after three year of accepting the discipline, the report on the nurse’s license will be removed. A deferred is not available for a nurse with a prior disciplinary history with the Board. Mr. Diggs also has to approve this level of discipline and it is not available for a nurse if there is evidence of intentional conduct or a prior history of discipline with TBON.
Texas Peer Assistance Program for Nurses (TPAPN)
This level of discipline is available for nurse who have been found to have a chemical dependency or behavioral issue. A TPAPN order can be kept confidential and must also be approved by Mr. Diggs. Enrollment in TPAPN is for a minimum of a year and requires at the very least, random drug tests. A nurse must fund their own participation in TPAPN.
Knowledge, Skills, Training, Assessment and Research (KSTAR)
This level of discipline is a program that provides assessments and re-education programs for nurses. The nurses are perceived to have a need for remedial education and training. KSTAR discipline can be deferred, must be approved by the Board and is not available for a nurse if there is evidence of intentional conduct or a prior history of discipline with TBON.
Warning disciplines have many levels and can be accompanied with a fine.
- All levels involve, at the very least, remedial education courses and evaluations that need to be completed by the employer every quarter for at least a year. This describes the lowest form a of warning order.
- The second level of a warning order involves remedial education courses, quarterly evaluations and the indirect supervision of the nurse by another RN or LVN for at least one year.
- The third level of a warning order involves all the above, but includes the direct supervision of the nurse by another RN or LVN who is on the premises while the nurse is working. The third level warning order can last a minimum of two years. It is possible to request that a warning order be deferred and this request must be approved by the Board.
This is a more serious level of discipline than a warning order. It has the same possible requirements and can include fines and stipulations the same as in a warning order, but it is not eligible to be deferred.
Limited License/Restriction of Practice Discipline
This level of discipline limits a nurse’s ability to work. If the nurse is a nurse practitioner (NP), this type of discipline can limit the NP’s prescriptive authority.
License Suspension Discipline
This level of discipline is very similar to the reprimand level, however, the nurse’s license has been suspended. The suspension can be stayed meaning that it will not be enforced, however, the nurse must continue practicing nursing under supervision.
Voluntary License Surrender Discipline
This level of discipline requires that a nurse voluntarily surrender due to the nature of alleged violation(s). Once a nurse has surrendered their license, they are unable to work as a Texas nurse or on their nursing !compact license for at least one year. After the period of time for their discipline has lapsed, which is usually the length of a year, a nurse can petition the Board for reinstatement.
This is similar to a voluntary surrender except that it is forced by the Board. A nurse whose license has been revoked can petition for reinstatement before a year has passed, depending on the circumstances of the revocation. click here for more information. A nurse can also petition the Board for reinstatement after the requisite disciplinary period.
If you have received a letter of investigation from the Board or are currently under investigation, do not fight alone. Call us at 833-767-5867 or 833-RNS-LVNS for a free consultation or visit our blog for more information.