(a) Unless there is an agreed disposition of the complaint under § 301.463, if probable cause is found under § 301.457(e)(2), the board or the board’s authorized representative shall file formal charges against the nurse.
(b) A formal charge must:
(1) be written;
(2) be specific enough to enable a person of common understanding to know what is meant by the formal charge; and
(3) contain a degree of certainty that gives the person who is the subject of the formal charge notice of each particular act alleged to violate a specific statute, board rule, or board order.

Terms Used In Texas Occupations Code 301.458

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Rule: includes regulation. See Texas Government Code 311.005
  • Statute: A law passed by a legislature.
  • Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005

(c) A copy of the formal charge shall be served on the nurse or the nurse’s counsel of record.
(d) The board shall adopt reasonable rules to promote discovery by each party to a contested case.

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