Do I have a duty or obligation to tell my employer or prospective employer about a Board (BON) Complaint?
I am the subject of a complaint. What duty or obligation, if any, do I have to tell my employer or prospective employer(s) that I have a complaint?
The answer to this question is examined in the context of the licensing Board involved and what type of license you hold. There is no universal rule applicable for all licensees as each licensing board, given the enabling statute and/or their own rules, imposes different requirements on this issue.
For example, if you are a nurse with a Board complaint from the Texas Board of Nursing, under the Nursing Practice Act or Board of Nursing’s rules, there is no duty imposed under the statute or Board rules that require you to disclose that you are the current subject of a complaint given that the complaint, at least during the initial stages of the complaint investigation process, is treated as confidential under the statute.
However, even with this in mind, there are other considerations for nurses. Thus, although there is no duty to tell anyone that you are the subject of a complaint, there are very important considerations that come into play. Careful consideration must be paid to your specific circumstance.
For example, those seeking a job with prospective employers, those holding licenses in other states, and those in the process of renewing their licenses with the Texas Board of Nursing. In these situations, there are important considerations that a nurse must bear in mind as he or she navigates how best to handle the matter.
The Board of Nursing has a specific rule that makes it a violation if one is untruthful “with the practice of nursing.” Specifically, Board Rule 217.12(6)(H) defines misconduct as “[p]roviding information which is false, deceptive, or misleading in connection with the practice of nursing.”
Nurses in this situation must be mindful of employers, prospective employers, or the licensing board itself (i.e., Board of Nursing) who may specifically ask the nurse if he or she is the subject of a Board complaint.
Nurses facing a complaint and the current subject of a complaint are best advised to contact a professional licensed attorney such as Mr. Phong Phan and a firm that specializes in this type of practice, The Phan Law Firm, P.C.
