Can the Board Arrest Me?

NO. In Texas, the BON does not have arrest powers. This does open up an area of uncertainty - the various types of law can be very confusing, sometimes even for attorneys! Attorneys get calls from nurses looking for a lawyer to assist them before the Board of Nurses and the attorney does not have a clue on who to refer the nurse to because they are not sure what area of law covers the Board of Nursing. Many nurses are also perplexed as to the Board's powers; they are fearful that an action by the Board will result in them being arrested or serving jail time or they are concerned that they will have to pay some type of settlement.

Regulatory Boards function under a type of law known as Administrative Law. As stated in a earlier blog, the Board of Nurses are under the Executive Branch of state government. Administrative law involves the laws, rules, and regulations governing the administration of government agencies and the regulation of the individuals licensed or registered under those agencies.