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Texas Statutes (Last Updated: January 4, 2014) |
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OCCUPATIONS CODE |
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Title 3. HEALTH PROFESSIONS |
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Subtitle E. REGULATION OF NURSING |
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Chapter 301. NURSES |
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Subchapter J. PROHIBITED PRACTICES AND DISCIPLINARY ACTIONS |
Sec. 301.457. COMPLAINT AND INVESTIGATION
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(a) The board or any person may initiate a proceeding under this subchapter by filing with the board a complaint against a nurse. The complaint must be in writing and signed by the complainant.
(b) Except as otherwise provided by this section, the board or a person authorized by the board shall conduct each investigation. Each complaint against a nurse that requires a determination of nursing competency shall be reviewed by a board member, consultant, or employee with a nursing background the board considers sufficient.
(c) On the filing of a complaint, the board:
(1) may conduct a preliminary investigation into the identity of the nurse named or described in the complaint;
(2) shall make a timely and appropriate preliminary investigation of the complaint; and
(3) may issue a warning or reprimand to the nurse.
(d) After any preliminary investigation to determine the identity of the subject of the complaint, unless it would jeopardize an investigation, the board shall notify the nurse that a complaint has been filed and the nature of the complaint. If the investigation reveals probable cause to take further disciplinary action, the board shall either attempt an informal disposition of the complaint or file a formal charge against the nurse stating the provision of this chapter or board rule that is alleged to have been violated and a brief description of each act or omission that constitutes the violation.
(e) The board shall conduct an investigation of the complaint to determine:
(1) whether the nurse's continued practice of nursing poses a risk of harm to clients or other persons; and
(2) whether probable cause exists that a nurse committed an act listed in Section 301.452(b) or that violates other law.
(f) In making a determination under Subsection (e), the board shall review the evidence to determine the extent to which a deficiency in care by the registered nurse was the result of deficiencies in the registered nurse's judgment, knowledge, training, or skill rather than other factors beyond the nurse's control. A determination that a deficiency in care is attributable to a registered nurse must be based on the extent to which the registered nurse's conduct was the result of a deficiency in the registered nurse's judgment, knowledge, training, or skill.
(g) If the board determines after investigating a complaint under Subsection (e) that there is reason to believe that a nurse's deficiency in care was the result of a factor beyond the nurse's control, the board shall report that determination to the patient safety committee at the facility where the nurse's deficiency in care occurred, or if the facility does not have a patient safety committee, to the chief nursing officer.