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Texas Board of Nursing and Due Process
June 7, 2018
Did you know that when the Board of Nursing accepts complaints against you that you are not afforded a reasonable voice regarding your side of the story? It is highly unlikely that the Board Investigator will contact you for questioning. When you first receive notice of the complaints you are given a short period of time in which to respond to each complaint as "how you complied with the NPA." It is nearly impossible to respond intelligently since you need the charts and other evidence to review in order to even know what they are talking about. It took me months to get these records. Then once I retained an attorney I was not permitted to speak to or directly email or contact the Investigator. I waited 10 months before the BON would grant me an informal hearing. 10 months after they had themselves proved 20 some allegations to be untrue within the first few weeks. It was the first time I had an opportunity to explain the facts which should have been considered from the onset. The Board relies primarily on the hospital or facility documents such as patient charts. In my case there was a video that more likely than not would have proven exculpatory. After the hospital claimed the video to be "unavailable" the Board of Nursing refused to subpoena or insist upon production of the video. Establishing the truth based on factual evidence did not seem of interest to the Board. Only God can repair the collateral damage that was done to my family, my business, my career and my own health through this 10 months of being left in the dark. When the Board asks of you to do such as undergo a polygraph (I did, 100% honest with no deception) or to sign a document they will give you 3 weeks to 1 month. Twice when I received important information from the BON it went first to my attorney then to me. Leaving me only 1 to 2 weeks to respond. Another reason for you to be in control of your own case. You can have a witness at the informal hearing and if at any time you need an attorney you can always retain one for upwards of 5,000.00 to 10,000.00.
Once I attended an informal hearing the representatives believed me and the evidence because it was the truth. That however, is not the end of the waiting or being denied a right to defend yourself. The informal hearing is held with BON representatives at least 6 of them. It is not with the BON. The representatives then forward their recommendations to the actual Board who make the final decision. There will be no one, including you, to represent the facts and evidence supporting your innocence to the actual BON. Sadly, they are strongly influenced by the employer who in my case had an axe to grind with me as I had reported egregious, life threats and safety violations before I separated from this hospital.
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