Administration of the Nurse Practice Act (NPA)

The State Board of Nursing (BON) in Texas and most states have administrative law authority, which involves law enforcement via rules and regulations developed by specific agencies or boards. A state board of nursing is an example of such an agency or Board.

Public safety is the mandate of the BON. The BON and its subcommittees meet regularly to carry out the responsibilities of the Board of Nursing. In Texas and most states, the BON is authorized to oversees the standards of nursing education, continued nursing competence, safe nursing practice, investigation of allegations of unprofessional behavior and disciplinary proceedings.

Texas BON rules characterize unprofessional or dishonorable behavior to be those that are likely to deceive, defraud, or injure clients or the public. Actual harm need not be established.

Examples of unprofessional conduct include:

• Unsafe Practice
  
• Failure to provide appropriate oversight as a chief nurse administrator.
  
• Failure to practice within a modified scope of practice or with required limitations specified by the BON
  
• Conduct that may endanger a client. The client need not be harmed.
  
• nability to practice safely due to impairment
  
• Misconduct
  
• Failure to repay a student loan or pay child support
  
• Drug diversion
  
• Dismissal from a BON-approved peer assistance program
  
• Other drug-related actions
  
• Unlawful practice
  
• Leaving a nursing assignment without notifying the proper personnel
  
• Criminal conduct

Texas BON Rules and Regulations §217.12) https://www.bon.texas.gov/rr_current/217-12.asp

Boards of Nursing also have the authority to take disciplinary action against nurses who carry out illegal or unethical acts.

According to the National Council of State Boards of Nursing (NCSBN), state board disciplinary actions may include the following:

• Fine or civil penalty
  
• Referral to an alternative to discipline program for practice monitoring and recovery support (drug or alcohol dependent nurses, or in some other mental or physical conditions)
  
• Public reprimand or censure for minor violation of nurse practice act often with no restrictions on license
  
• Imposition of requirements for monitoring, remediation, education or other provision tailored to the particular situation
  
• Limitation or restriction of one or more aspects of practice (e.g., probation with certain restrictions, limiting role, setting, activities, hours worked)
  
• Separation from practice for a period of time (suspension) or loss of license (revocation or voluntary surrender)
  
• Remediation (various educational content or exercises)
  
• Other state specific remedies.

https://www.ncsbn.org/673.htm

Here are the results of disciplinary actions of the Board of Nursing in Texas for the period 11/1/22 to 1/30/2023

The names of all nurses brought up for disciplinary action are public record and visible to see in the board minutes.