Types of Disciplinary Action for Registered Nurses in Texas

The practice of professional nursing is complex, demanding, and strictly regulated by civil and criminal law. Like most states,Texas laws governing nursing practice are carefully prescribed by the state's Board of Nurse Examiners.These rules and laws are rigorously enforced. The Board of Nurse Examiners for the State of Texas estimates that there are currently 187,373 licensed registered nurses practicing in the state. All operate in strict accordance with the Texas Nursing Practice Act, Chapter 301. If you are an RN, facing possible disciplinary action in Texas, you need to be fully informed of the various types of actions sanctioned by the state.

Guiding Principles Behind Disciplinary Actions

• Disciplinary actions are first and foremost predicated on the need to protect the public from unsafe nursing practice. Licensure is the first step in the process, mandating minimal competency requirements for entry into practice. This is accomplished by requiring that all graduate nursing students successfully pass the NCLEX, the Nursing Competency Licensure Exam. Other guiding principles include the need to apply due process in all decision making, shared accountability, strategic collaboration, and assuring that practice standards are fair, ethical, lawful, and congruent with the needs of the public at large.

Types of Disciplinary Actions

• The Board of Nurse Examiners for the State of Texas utilizes a matrix for the determination of any disciplinary action levied against a registered nurse. The Board will base any action upon the threat to public safety, the seriousness of the violation, the amount of any administrative penalty associated with the violation, and any mitigating or aggravating circumstances. There are eight types of potential disciplinary actions in Texas. They are: warning with stipulation, reprimand with stipulation, request for voluntary surrender of license, limited licensure, suspension of license with probation, demand for remedial education with fine, enforced suspension of license, and finally, license revocation. Processes leading to a final action or outcome may take months from start to finish. Cases that demonstrate an imminent threat to public safety are handled accordingly.

Additional Considerations

• The Texas Nursing Practice Act specifies the rules for nursing in the state.

  Facing the prospect of a disciplinary action can be devastating for a registered nurse. While disciplinary actions are not intended to be punitive, potential impacts on your career can be significant. Disciplinary processes can range from a simple informal investigation to a formal court proceeding, depending on the seriousness of the violation. In any case, it is crucial to be informed and to know your rights under the law. You may want to obtain legal representation to serve as your advocate and guide you through the process. Visit the Board of Nurse Examiners web site for additional detailed information about the specific rules and regulations governing the practice of nursing in the state of Texas.