jan 06 texas board of nursing bulletin [color=#231f20]volume 37, no. 1[color=#231f20]
criminal history record checks proceed for all texas nurses
texas nurse practice act::
sec. 301.452. grounds for disciplinary action.
(a) in this section, “intemperate use” includes practicing nursing or being on duty or on call while under the influence of alcohol or drugs.
(b) a person is subject to denial of a license or to disciplinary action under this subchapter for:
(1) a violation of this chapter, a rule or regulation not inconsistent with this chapter, or an order issued under this chapter;
(2) fraud or deceit in procuring or attempting to procure a license to practice professional nursing or vocational nursing;
(3) a conviction for, or placement on deferred adjudication community supervision or deferred disposition for, a felony or for a misdemeanor involving moral turpitude;
(4) conduct that results in the revocation of probation imposed because of conviction for a felony or for a misdemeanor involving moral turpitude;
(5) use of a nursing license, diploma, or permit, or the transcript of such a document, that has been fraudulently purchased, issued, counterfeited, or materially altered;
(6) impersonating or acting as a proxy for another person in the licensing examination required under section 301.253 or 301.255;
(7) directly or indirectly aiding or abetting an unlicensed person in connection with the unauthorized practice of nursing;
(8) revocation, suspension, or denial of, or any other action relating to, the person’s license or privilege to practice nursing in another jurisdiction;
(9) intemperate use of alcohol or drugs that the board determines endangers or could endanger a patient;
(10) unprofessional or dishonorable conduct that, in the board’s opinion, is likely to deceive, defraud, or injure a patient or the public;
(11) adjudication of mental incompetency;
(12) lack of fitness to practice because of a mental or physical health condition that could result ininjury to a patient or the public; or
(13) failure to care adequately for a patient or to conform to the minimum standards of acceptable nursing practice in a manner that, in the board’s opinion, exposes a patient or other person
unnecessarily to risk of harm.
(c) the board may refuse to admit a person to a licensing examination for a ground described under subsection (b).
sec. 301.4535. required suspension, revocation, or refusal of license for certain offenses.
(a) the board shall suspend a nurse’s license or refuse to issue a license to an applicant on proof that the nurse or applicant has been initially convicted of:
(1) murder under section 19.02, penal code, capital murder under section 19.03, penal code, or manslaughter under section 19.04, penal code;
(2) kidnapping or unlawful restraint under chapter 20, penal code, and the offense was punished as a felony or state jail felony;
(3) sexual assault under section 22.011, penal code;
(4) aggravated sexual assault under section 22.021, penal code;
(5) indecency with a child under section 21.11, penal code;
(6) aggravated assault under section 22.02, penal code;
(7) intentionally, knowingly, or recklessly injuring a child, elderly individual, or disabled individual under section 22.04, penal code;
(8) intentionally, knowingly, or recklessly abandoning or endangering a child under section 22.041, penal code;
(9) aiding suicide under section 22.08, penal code, and the offense was punished as a state jail felony;
(10) an offense under section 25.07, penal code, punished as a felony;
(11) an offense under section 25.071, penal code, punished as a felony;
(12) an agreement to abduct a child from custody under section 25.031, penal code;
(13) the sale or purchase of a child under section 25.08, penal code;
(14) robbery under section 29.02, penal code;
(15) aggravated robbery under section 29.03, penal code;
(16) an offense for which a defendant is required to register as a sex offender under chapter 62, code of criminal procedure; or
(17) an offense under the law of another state, federal law, or the uniform code of military justice that contains elements that are substantially similar to the elements of an offense listed in this subsection.
(b) on final conviction or a plea of guilty or nolo contendere for an offense listed in subsection (a), the board, as appropriate, may not issue a license to an applicant, shall refuse to renew a license, or shall revoke a license if the applicant or license holder did not previously disclose the conviction or plea and the fifth anniversary of the date the person successfully completed community supervision or parole has not occurred.
(c) a person is not eligible for an initial license or for reinstatement or endorsement of a license to practice nursing in this state before the fifth anniversary of the date the person successfully completed and was dismissed from community supervision or parole for an offense described by subsection (a)....
the change in law made by this act by the enactment of section 301.4535, occupations code, applies only to a person who is initially convicted of an offense or placed on deferred adjudication after a plea of guilty or nolo
contendere for an offense on or after the effective date of this act.
a person initially convicted of an offense or placed on deferred adjudication before that date is governed by the law in effect on the date the
conviction or plea occurred, and the former law is continued in effect for that purpose.
section 6. fees; qualifications for licensure.
(c) the board shall not issue a license or certificate to an applicant who has been convicted of a felonious act prohibited by the act of april 14, 1972 (p.l.233, no.64), known as "the controlled substance, drug, device and cosmetic act," or convicted of a felony relating to a controlled substance in a court of law of the united states or any other state, territory or country unless:
(1) at least ten (10) years have elapsed from the date of conviction;
(2) the applicant satisfactorily demonstrates to the board that he has made significant progress in personal rehabilitation since the conviction such that licensure of the applicant should not be expected to create a substantial risk of harm to the health and safety of patients or the public or a substantial risk of further criminal violations; and
(3) the applicant otherwise satisfies the qualifications contained in or authorized by this act.
as used in this subsection the term "convicted" shall include a judgment, an admission of guilt or a plea of nolo contendere. an applicant's statement on the application declaring the absence of a conviction shall be deemed satisfactory evidence of the absence of a conviction, unless the board has some evidence to the contrary.
most states regs have similar requirements.