Filing a Complaint Against a Nurse
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 that could violate the Nursing Practice Act, including but not limited to the following:
- Behaviors that likely expose a patient or another person unnecessarily to the risk of harm
- Unprofessional conduct by the nurse, as defined by 22 Tex. Admin. Code Section 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 Section 217.11
- Impairment or likely impairment of the nurse's practice by chemical dependency, alcohol use, or mental illness
The Board does not normally address complaints about rudeness of a nurse to co-workers, violations of hospital policies, or general employer-employee issues.
How to File a Complaint
Complaints may be filed at any time against a nurse by using the online complaint form.
- Nursing Peer Review Committees supplement for Nursing Peer Review Committees
If you are unable to complete a complaint in writing, or are a person with a disability and need help filing a complaint, you may call (512) 305-6838 for further assistance. When a verbal complaint is made, the BON will document the person's responses and complete a complaint intake form.
You may also request that a complaint form be mailed 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. You may also write your complaint on plain paper and mail it 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 help identify the nurse. Please also provide a detailed summary of each alleged violation, including the dates of each incident and the medical record number of the patient involved, if applicable. If the incident involves a medication, include the name of the medication. Be as specific as possible and include witnesses with first-hand observations and knowledge of the incident.
All complaint information submitted to the Texas Board of Nursing is kept confidential throughout the entire investigation. Even if the nurse is disciplined publicly, the BON does not reveal the source of the complaint. Every effort is also made to protect patient identity throughout the investigation process.
Additional Instructions for Employers and Peer Review Committees
The Nursing Practice Act, Texas Occupations Code Sections 301.401 through 301.419, requires nurses, nursing peer review committees, employers of nurses, and other entities to report to the Texas Board of Nursing any nurse who engages in conduct subject to reporting under Section 301.401(1):
- Violates the chapter or a board rule and contributed to the death or serious injury of a patient
- Causes a person to suspect that the nurse's practice is impaired by chemical dependency or drug or alcohol abuse
- Constitutes abuse, exploitation, fraud, or a violation of professional boundaries
- Indicates that the nurse lacks knowledge, skill, judgment, or conscientiousness to such an extent that the nurse's continued practice could reasonably be expected to pose a risk of harm
Board rules in 22 Texas Administrative Code Sections 217.11, 217.12, and 217.16 may also be relevant when considering whether a nurse has engaged in reportable conduct. The Board does not normally address general employment issues or attitude issues such as rudeness to co-workers.
If an employer terminates, suspends for seven or more days, makes an agency nurse a do-not-return, or takes other substantive disciplinary action against a nurse for practice-related errors, a report to the BON is required. In that situation, the peer review committee must meet solely to review external factors that may have contributed to the nurse's error. 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 Nursing Practice Act Section 301.410, the following provisions apply to reporting a nurse who may be impaired by a substance use disorder, mental illness, or diminished mental capacity:
- A person who is required to report a nurse because the nurse is impaired or suspected of being impaired may report to the Texas Peer Assistance Program for Nurses (TPAPN), approved by the Board under Chapter 467 of the Health and Safety Code, instead of reporting to the Board or requesting peer review. A nurse who wishes to seek assistance voluntarily may contact TPAPN at 512-467-7027 or 1-800-288-5528.
- 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 Nursing Practice Act Section 301.410.
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.
Should you have further questions or need clarification, please feel free to contact the Board.