Nursing Jurisprudence and Ethics for Texas Nurses Practice Exam

A BON investigator in the enforcement division collected evidence that supports the BON's formal charges against a nurse regarding violations of the NPA and board rules. Attempts to notify the nurse via standard and certified mail at the nurse's last address of record have been returned to the BON office as being "undeliverable or not at this address." Since the investigator has been unable to communicate with the nurse about the BON's formal charges, Board Rule 213.16(i) on Practice and Procedure requires that

1. the board close the case and take no action if they are unable to locate the nurse.

2. the case be referred to the District Attorney's office for follow-up action.

3. the case proceed and the board's charges be deemed to be true.

4. the investigator drop the recommended action (sanction) on the nurse's license to a lower level since the nurse has not responded to the formal charges.

The correct answer is: the board close the case and take no action if they are unable to locate the nurse.

If the nurse cannot be located or reached, it would be impossible for them to respond to the formal charges. Therefore, the board would not have a decision from the nurse and the case would have to be closed without any action being taken. Option B is incorrect because if the board cannot locate or reach the nurse, they cannot refer the case to the District Attorney's office either. Option C is incorrect because the board cannot make assumptions about the nurse's guilt based on their inability to locate or communicate with them. Option D is incorrect because the investigator's recommended action is based on the evidence they have collected, not the nurse's response to the formal charges.