Criminal charges in nursing are the most serious legal challenges a nurse can face. One mistake or misunderstanding can lead to criminal charges that threaten your nursing license and erase years of hard work and patient trust in an instant.
It’s a scary thought, but knowledge is your best defense. Here’s what every nurse in Texas needs to know about criminal charges and how they can affect your license and your career.
Understanding the Two Separate Legal Systems: Criminal Court vs. TBON
It is important to understand that you may be facing two separate legal systems, each with its own rules and objectives.
The Criminal Court determines whether you have committed a crime. They need to prove your guilt beyond a reasonable doubt. Possible consequences include fines, probation, or jail time.
The Texas Board of Nursing determines whether you are still fit to hold a nursing license. Its main purpose is to protect public safety. TBON decisions are based on a preponderance of the evidence. Possible outcomes can range from case dismissal, a warning or letter of concern, public reprimand, probation, suspension, stipulations, to license revocation.
Every criminal charge deserves attention, but the TBON is especially focused on offenses that directly reflect on your integrity and ability to provide safe care. This includes theft, falsifying documents, lying under oath, assault, domestic violence, threats, DUI/DWI, illegal drug possession, sexual harassment, fraud, abuse, narcotics diversion, and others. These charges often trigger a mandatory review by the TBON.
Being transparent when you run into any legal trouble tends to make many nurses nervous. However, as a healthcare professional, it is your responsibility to report certain legal issues to the TBON as defined by the Nurse Practice Act. It doesn’t matter whether the incident occurred outside of work or if the charge seems minor; it still needs to be reported.
What Should Every Texas Nurse Do?
If you find yourself caught up in this situation, it’s crucial to act responsibly. Keep calm, but take action. It’s important to remain composed, but also take the matter seriously.
Secure legal representation immediately. Because you may be facing both the TBON and a possible criminal case, it’s important to have two attorneys on your side:
- Criminal Defense Attorney: Handles any criminal charges, represents you in court, and negotiates with the prosecution.
- Nursing License Defense Attorney: Communicates with the TBON on your behalf, understands the Board’s procedures, and helps draft your written response and defense strategy.
Stay silent, but don’t ignore the complaint. You should not discuss the case with your colleagues, employer, or the TBON without first consulting your attorney. Staying silent does not mean you’re ignoring the complaint; it means you’re protecting yourself by waiting until you have proper legal guidance.
You typically have 30 days from the date the notice is received to respond or self-report a violation. That’s why it’s vital to seek legal counsel as soon as possible. Remember: the TBON will open an investigation, and they may request documents and a detailed written statement from you. Having the right legal guidance ensures you respond effectively without jeopardizing your license or your legal standing.
Why Do You Need a Texas Nurse Lawyers when Facing Criminal Charges
To protect your nurse license, the most important step you can take when facing a criminal charge is to hire a nursing license defense attorney who understands both nursing regulations and criminal law.
This is why you need the expertise of a Texas Nurse Lawyers. With over 17 years of experience in defending Texas nurses against criminal charges, we understand how to navigate TBON investigations and guide you through the processes of license defense, license reinstatement, and renewal. We don’t just respond to charges; we build strong, strategic defenses tailored to protect your career. You need an advocate who understands the entire battlefield and can defend your license on every front.
Don’t let a criminal charge derail your nursing career. Contact us today for a completely confidential consultation.
