Discipline & Complaints - How to File a Complaint

The BON enforces the Nursing Practice Act and BON Rules and Regulations by setting minimum standards for nursing practice and nursing education, conducting investigations of complaints against nurses and adjudicating complaints. Complaints are received about nursing practice or conduct which could be violations of the Nursing Practice Act (NPA), and may include, but not limited to, the following:

Behaviors which likely expose a patient or other person unnecessarily to the risk of harm;
Unprofessional conduct by the nurse, as defined by 22 Tex. Admin. Code §217.12;
Failure to adequately care for a patient;
Failure to conform to the minimum standards of acceptable nursing practice, as defined by 22 Tex. Admin. Code §217.11; and/or
Impairment or likely impairment of the nurse's practice by chemical dependency, alcohol or mental illness.

The Board does not normally address complaints about rudeness of a nurse to co-workers, violations of hospital policies, and general employer-employee issues.

Filing a Complaint against a Nurse

Complaints may be filed at any time against a nurse by completing a:

Complaints may be filed against a nurse at any time by using the:

Online complaint form,
Please note that Nursing Peer Review Committees are required to complete the Supplement for Nursing Peer Review Committees.

If you are unable to complete a complaint in writing or are a person with a disability and would like to file a complaint you may call (512) 305-6838 for further assistance. When a verbal complaint is made, the BON will document a person’s responses and complete a complaint intake form.

In addition, you may request a complaint form be sent to you by calling the Texas Board of Nursing at (512) 305-6838 or the Health Professions Council Complaint Line at 1-800-821-3205, or you may simply write out your complaint on plain paper. Your complaint can mailed to: Texas Board of Nursing, Enforcement, 1801 Congress Avenue, Suite 10-200 Austin, TX 78701.

When filing a complaint, please provide the identity of the nurse involved, including the correct spelling of the name, and the nurse 's license number or social security number, if known, to assist us in identifying the nurse in the event of a common name. Also, please provide a detailed summary of each alleged violation of the Nursing Practice Act (NPA), including dates of each alleged incident and the medical record number of the patient involved. Supplying the medical record number is not a violation of confidentiality. If the incident involves a medication, include the name of the medication. Be as specific as possible in describing the events, and include a list of any witnesses with first-hand observations and knowledge of the incident(s).

All complaint information submitted to the Texas Board of Nursing (BON or Board) is kept confidential throughout the entire process of the investigation. Even if the nurse is disciplined publicly, he/she never learns the source of the complaint from the BON. In addition, every effort is made to protect the identity of patients during the entire process of the investigation, and records have all identifying information changed to allow anonymity.

Additional instructions for employers and peer review committees:

The Nursing Practice Act, Texas Occupations Code, Sections 301.401 - 301.419, requires nurses, nursing peer review committees, employers of nurses, as well as other entities, to report to the Texas Board of Nursing (BON or Board) any nurse who engages in conduct subject to reporting, pursuant to Section 301.401(1) that:

(A) violates this chapter or a board rule and contributed to the death or serious injury of a patient;

(B) causes a person to suspect that the nurse’s practice is impaired by chemical dependency or drug or alcohol abuse;

(D) indicates that the nurse lacks knowledge, skill, judgment, or conscientiousness to such an extent that the nurse’s continued practice of nursing could reasonably be expected to pose a risk of harm to a patient or another person, regardless of whether the conduct consists of a single incident or a pattern of behavior.

Board rules in 22 Texas Administrative Code, §217.11 (Standards of Nursing Practice), §217.12 (Unprofessional Conduct), and §217.16 (Minor Incidents) may also be relevant to review in considering whether or not a nurse has engaged in reportable conduct. The Board does not normally address general employment issues or issues of attitude, such as rudeness of a nurse to co-workers.

If an employer terminates, suspends for 7 or more days, makes an agency nurse a do-not-return, or takes other substantive disciplinary action against a nurse for practice-related errors (including accepting a nurse’s resignation in lieu of termination), a report to the BON is required, and the peer review committee must meet solely to review external factors that may have contributed to the nurse’s error to determine whether a report to the practice setting’s Patient Safety Committee is required. Because the nurse has already been reported to the board, rule 217.19(f) provides that due process requirements for peer review do NOT apply to the nurse in this situation.

In accordance with NPA section 301.410, the following provisions apply to reporting a nurse who may be impaired by reason of a substance use disorder, mental illness, or diminished mental capacity:

(1) A person who is required to report a nurse because the nurse is impaired or suspected of being impaired by chemical dependency, substance use disorder, or mental illness may report to the Texas Peer Assistance Program for Nurses (TPAPN) [approved by the Board under Chapter 467, Health and Safety Code] instead of reporting to the Board or requesting review by a nursing peer review committee. It is not appropriate to peer review a nurse whose practice is suspected of being impaired. A nurse who wishes to seek assistance voluntarily may contact the Texas Peer Assistance Program for Nurses (TPAPN) at 512-467-7027 or 1-800- 288-5528.

(2) A person who is required to report a nurse because the nurse is impaired or suspected of being impaired by chemical dependency, substance use disorder, or diminished mental capacity must report to the board if the person believes that the impaired nurse committed a practice violation.

NOTE: Peer review is suspended when a nurse’s practice is impaired or suspected of being impaired due to chemical dependency, drug or alcohol abuse, substance abuse or misuse, intemperate use, mental illness or diminished mental capacity and the nurse is reported in accordance with NPA, Section 301.410. Once the nurse is reported, the peer review committee evaluates external factors relevant to the conduct.

If applicable, it may be helpful to review the board’s policy on Disciplinary Sanctions Regarding Substance Use Disorders and Other Alcohol and Drug Related Conduct, which is available in the Board Policies and Guidelines section under the Discipline & Complaints drop-down menu on the BON home page or can be accessed directly at https://www.bon.texas.gov/pdfs/disciplinary sanction policies pdfs/Substance-Use-Disorders.pdf.

Should you have further questions or are in need of clarification, please feel free to contact the Board.